Effective Date: April 2025

Welcome to Gigevate! These Terms of Service (“Terms”) govern your use of the Gigevate platform and services. By accessing or using Gigevate, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use our services.


1. ACCEPTANCE OF TERMS
By registering for and/or using the Gigevate platform, you agree to comply with and be bound by these Terms. These Terms constitute a binding agreement between you and Gigevate (Pty) Ltd. If you are using the platform on behalf of an organisation, company or legal entity, then you agree to these Terms on behalf of that organisation, company or legal entity and you warrant that you are authorised to represent such organisation, company or legal entity.


2. DEFINITIONS

  • Artist: A user who promotes their artistic services on Gigevate.
  • Content: Any text, images, audio, video, or other materials uploaded or shared by users.
  • Event Organiser: A user who creates and manages events on Gigevate.
  • Public User: A user who browses, engages with, or participates in public-facing features such as event listings, artist profiles, community tools or content, but does not make bookings or handle payments
  • Gigevate platform: The platform including all associated services, websites and applications.
  • Intellectual Property: All intellectual property rights, including but not limited to discoveries, inventions, designs, processes, know-how, research results, works of authorship, computer software, data, databases, trade or business names, domain names, patents and patent applications, trade marks and trade mark applications, rights in any design (registered or unregistered and applications for same), copyright (including rights in computer software and typography rights), confidential and proprietary knowledge and information and any rights protecting same, business goodwill and reputation and rights protecting same, database rights, and all intellectual property rights and forms of protection of a similar nature to any of the foregoing or having an equivalent effect anywhere in the world, and including any improvements, modifications, or adaptations thereto made from time to time following from or incidental to the subject matter of this licence and relating to the Gigevate platform.
  • User: Any person or entity using the Gigevate platform.
  • Trustap: A third-party platform integrated with Gigevate for the secure handling of escrow payments and dispute resolution between users.

 

3. USER REGISTRATION AND ACCOUNTS
3.1 Eligibility
You must be at least 18 years old to use the Gigevate platform. By registering, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

3.2 Account Creation
To access certain features of the Gigevate platform, you must create an account. You agree to provide accurate and complete information during registration and to update your information as necessary. You are responsible for maintaining the confidentiality of your account login credentials and for all activities under your account.

3.3 Account Responsibilities
You agree to immediately notify Gigevate of any unauthorised use of your account. Gigevate is not liable for any loss or damage arising from your failure to comply with this responsibility.


4. USER RIGHTS AND RESPONSIBILITIES
4.1 Licence to Use
Subject to your compliance with these Terms, Gigevate grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Gigevate platform for personal and commercial purposes.

4.2 Content Ownership
You retain ownership of any content you post or share on the Gigevate platform. By posting content, you grant Gigevate a worldwide, royalty-free, non-exclusive licence to use, display and distribute your content on the Gigevate platform in connection with the operation and promotion of our services.

4.3 Booking Limitations for Public Users
Public Users may not initiate or confirm bookings through the platform. Access to booking tools, payment gateways and event management features is restricted to verified Event Organisers and Artists only.


5. ACCEPTABLE USE POLICY
5.1 Prohibited Activities
You agree to use the Gigevate platform only for lawful purposes and in accordance with these Terms. Users are prohibited from engaging in the following activities:

  • Posting, sharing or transmitting any content that is unlawful, defamatory, obscene, offensive, or that violates any third-party rights.
  • Using the platform for any illegal, unethical, fraudulent, or deceptive practices or unauthorised purposes.
  • Harassing, threatening or harming any other user.
  • Impersonating another person or entity, or misrepresenting your affiliation.
  • Engaging in any activity that interferes with, disrupts or harms the Gigevate platform, its infrastructure, servers, networks or other users.


5.2 Monitoring and Enforcement
Gigevate reserves the right, but is not obligated, to monitor user activity and content. We may remove or disable access to any content that violates these Terms or applicable laws. We may also suspend or terminate accounts that violate these Terms.


6. ACCOUNT TERMINATION
6.1 Termination by User
You may terminate your account at any time by contacting Gigevate support at gigevate@gmail.com. Upon termination, you lose access to your account and all associated data.

6.2 Termination by Gigevate
Gigevate reserves the right to terminate or suspend your account, without notice, if you violate these Terms or engage in any prohibited activity.

6.3 Effects of Termination
Upon termination, all licences granted to you under these Terms will immediately cease. Gigevate may retain data or content associated with your account as required by law or for legitimate business purposes for the statutorily allowed period.


7. INTELLECTUAL PROPERTY RIGHTS
7.1 Gigevate IP
All content, software, Intellectual Property and technology used or made available on the Gigevate platform are owned by or licensed to Gigevate. You may not reproduce, distribute, modify or create derivative works from any part of the platform without our prior written consent.

 

8. PAYMENTS, ESCROW & TRUSTAP INTEGRATION
8.1 Use of Trustap
All financial transactions between users (such as artist bookings) are facilitated and secured via Trustap, a third-party escrow payment provider. Funds are held in escrow by Trustap until agreed conditions are fulfilled, at which point the funds are released.

By making or accepting a payment on the Gigevate platform, you agree to Trustap’s Terms of Service and Privacy Policy. These govern all payment obligations, escrow conditions and dispute processes between parties.

8.2 Gigevate’s Role
Gigevate is not a party to financial transactions between users and does not hold funds. We act solely as a facilitator of connections between users. Gigevate is not responsible for the release or refund of funds — this is handled by Trustap according to their independent process.

8.3 Dispute Resolution
In the event of a conflict regarding a transaction, users may raise a dispute directly within Trustap. Trustap will mediate the issue and make a resolution in line with its platform rules. Gigevate may provide context or communication records but does not intervene or override Trustap’s decision.

8.4 Refunds and Cancellations
All refund and cancellation policies applicable to bookings must comply with Trustap’s terms and Gigevate’s platform expectations. Any funds refunded or retained will follow Trustap’s escrow process.


9. DISCLAIMERS AND LIMITATION OF LIABILITY
9.1 Disclaimer of Warranties
The Gigevate platform is provided on an “as is” and “as available” basis. We do not guarantee that the platform will be uninterrupted, secure, or free from errors. To the fullest extent permitted by law, we disclaim all warranties, whether express or implied.

9.2 Limitation of Liability
To the maximum extent permitted by law, Gigevate shall not be liable for any direct, indirect, incidental, special or consequential damages arising from your use of the platform. Our total liability to you, under any circumstances, will not exceed the amount you have paid to us (if any) in the 12 months prior to the claim.

Notwithstanding anything to the contrary in these Terms, neither Gigevate nor the User shall be liable to the other for any indirect, special, incidental or consequential loss of any nature, whether arising in contract, delict (including negligence), strict liability, breach of warranty or otherwise.


10. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Gigevate, its affiliates, and their respective directors, officers, employees and agents from and against all claims, damages, liabilities, losses, and expenses (including legal fees) arising from your use of the platform, your content, or any breach of these Terms.


11. MODIFICATIONS TO TERMS
We may amend these Terms at any time. Changes will be posted on the platform with an updated effective date. Your continued use of the platform constitutes your acceptance of the revised Terms.


12. GOVERNING LAW AND DISPUTE RESOLUTION
12.1 Governing Law
These Terms are governed by the laws of:

  • South Africa, for users in South Africa
  • The United Kingdom, for users in the UK
  • Your country of residence within the European Union, for EU users


12.2 Dispute Resolution
Disputes will first be attempted through internal resolution. If unresolved:

  • South African users: Arbitration in Sandton under the Arbitration Foundation of South Africa
  • EU and UK users: You may submit the dispute to a local authority or proceed via binding arbitration in accordance with local rules



13. MISCELLANEOUS
13.1 Entire Agreement
These Terms constitute the entire agreement between you and Gigevate regarding your use of the platform and supersede all prior or contemporaneous communications and agreements.

13.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, that provision shall be removed and the remaining provisions shall remain in full force and effect.

13.3 Waiver
Our failure to enforce any right or provision under these Terms will not be considered a waiver of those rights.


14. CONTACT US
If you have any questions or concerns, please email: gigevate@gmail.com

By registering and using Gigevate, you confirm that you have read, understood and agree to these Terms of Service.

Gigevate (Pty) Ltd.

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