Cancellation Policy for Venues
1. Account Suspension or Termination
Right to Suspend or Terminate Accounts:
Mewzo reserves the right to suspend or terminate a user’s account (whether Artist or Venue) at its discretion if there are concerns regarding fraudulent activity, a breach of platform policies, non-compliance with the Terms and Conditions, or any actions that may harm the Mewzo platform or community.
Users will be notified of any account suspension or termination and will be given the opportunity to appeal if applicable.
Consequences of Termination:
- In the case of account termination, users may forfeit any outstanding earnings, and the platform reserves the right to withhold any funds if there is suspicion of fraudulent activity.
- Any outstanding obligations, including pending disputes or charges, must be resolved even if an account is terminated.
2. Platform Usage & Restrictions
Proper Use of the Platform:
Users agree to use the Mewzo platform solely for lawful purposes and in a manner consistent with the platform’s terms and guidelines. This includes, but is not limited to, not engaging in fraudulent activity, harassment, or other inappropriate behavior.
Mewzo reserves the right to monitor and review all user activities on the platform to ensure compliance with its policies.
Prohibited Content:
Users are prohibited from posting or transmitting any content that is illegal, offensive, or infringes on the intellectual property rights of others. Mewzo may remove such content and take appropriate actions as needed.
Non-Circumvention & Direct Booking Prohibition (with Past Relationships Exception)
- Non-Circumvention Agreement: By using the Mewzo platform, all users (Artists and Venues) agree not to engage in direct bookings or negotiations outside of the platform after a booking has been initiated through Mewzo. This includes, but is not limited to, events, performances, and any services arranged through Mewzo.
- Prohibited Direct Bookings Post-Mewzo Booking: Once a booking is made through Mewzo, the Artist and Venue agree not to engage in future direct bookings for the same or similar services without utilizing Mewzo as the intermediary platform. This applies regardless of whether the Artist or Venue has a pre-existing relationship.
- Penalties for Violation: Any Artist or Venue found bypassing the platform (either for new or repeat bookings) will be subject to:
- Immediate suspension or termination of their account.
- Forfeiture of any outstanding earnings for that booking.
- A penalty fee of 30% of the total value of any direct booking that bypasses Mewzo.
- Enforcement: Mewzo reserves the right to investigate and monitor activities for compliance with this clause. If a direct booking is identified, Mewzo may require proof of any pre-existing relationship and may apply the penalties as described.
- Exceptions and Notifications: Any exceptions to this non-circumvention clause must be requested and approved in writing by Mewzo prior to initiating any direct communications or bookings. Failure to notify Mewzo of any pre-existing relationship or future bookings will result in penalties.
3. Intellectual Property Rights
Ownership of Content:
Users retain ownership of their own content (e.g., music, photos, videos), but by using Mewzo, they grant Mewzo a limited, non-exclusive license to use, display, and distribute content as necessary for the operation of the platform, including promotional activities.
The artist is responsible for ensuring they have the rights to any content uploaded to the platform and that it does not infringe on the rights of any third party.
Mewzo’s Trademarks:
Users may not use Mewzo’s trademarks, logos, or branding without prior written consent, except as expressly allowed by Mewzo.
4. Liability and Limitation of Liability
Limitation of Mewzo’s Liability:
Mewzo shall not be held liable for any direct, indirect, incidental, or consequential damages, including but not limited to loss of profits, arising out of the use or inability to use the platform, even if Mewzo has been advised of the possibility of such damages.
Venue and Artist Liability:
Mewzo is not responsible for the actions or omissions of the Venue or Artist during the performance or booking process. Each party agrees to hold Mewzo harmless from any claims, damages, or liabilities arising from their direct interactions.
5. Privacy and Data Protection
Data Collection:
Mewzo collects and processes personal data as part of the user registration process. This data is necessary for the operation of the platform, including facilitating bookings, payments, and communication between Venues and Artists.
Mewzo will comply with relevant data protection laws (such as GDPR, POPIA, etc.) and will ensure that all personal information is stored securely.
Use of Personal Information:
Personal information may be used to process transactions, verify accounts, communicate important updates, and enhance the user experience.
Users consent to the collection and use of their data as described in the Mewzo Privacy Policy.
6. Indemnification
Indemnity by the User:
By using the Mewzo platform, users agree to indemnify, defend, and hold harmless Mewzo and its employees, agents, and affiliates from any claims, losses, liabilities, damages, or expenses (including legal fees) arising out of their actions or use of the platform, including but not limited to disputes, cancellations, or violations of the platform’s policies.
7. Changes to Terms and Conditions
Right to Modify Terms:
Mewzo reserves the right to modify or update these Terms and Conditions at any time. Any changes will be communicated to users through email or within the app/platform. Continued use of the platform after the changes take effect constitutes acceptance of the updated terms.
Notification of Changes:
Mewzo will provide reasonable notice of any significant changes to the Terms and Conditions. Users may be required to accept the updated terms before continuing to use the platform.
8. Governing Law and Jurisdiction
Governing Law:
These Terms and Conditions are governed by and construed in accordance with the laws of The Republic of South Africa, without regard to its conflict of law principles.
Dispute Resolution:
In the event of a dispute, the parties agree to attempt to resolve the issue through good faith negotiations before resorting to formal legal action.
Any legal proceedings arising out of or related to these Terms and Conditions shall be brought in the courts of The Republic of South Africa.
9. User Conduct and Reviews
Respectful Conduct:
Mewzo encourages users to maintain a respectful and professional demeanor in all interactions, whether between Venues and Artists or with the Mewzo team.
Inappropriate behavior (e.g., abusive language, harassment) will not be tolerated, and the offending user may have their account suspended or terminated.
Reviews and Feedback:
Users are encouraged to provide reviews and feedback after each booking to help improve the Mewzo experience for everyone. However, reviews must be fair, honest, and constructive.
Mewzo reserves the right to remove any reviews that violate platform guidelines or are deemed defamatory, inaccurate, or abusive.
Cancellations and Refunds
1. Venue Cancellations:
- Before Artist Confirmation: A Venue may cancel a booking at any time before the artist has confirmed the service, without incurring any cancellation fees.
- After Artist Confirmation:
- 7+ Days Before Performance: If the venue cancels at least 7 days before the scheduled performance, the artist will be entitled to 50% of the total booking fee.
- Within 48 Hours: If the venue cancels within 48 hours of the scheduled performance, the artist will be entitled to 100% of the total booking fee.
- Cancellation Requests: Must be submitted via the Mewzo platform.
2. Artist Cancellations:
- Artist Cancellations within 48 Hours: If the artist cancels within 48 hours without providing reasonable proof, the artist’s rating will be reduced by 1 star.
- Proof Required: Artists must submit the necessary proof (e.g., doctor’s note) within 7 days of cancellation. If proof isn’t submitted, the star will remain lost.
- Force Majeure: Neither the Venue nor the Artist will be held liable for cancellations due to unforeseen events (e.g., natural disasters, severe weather, etc.). Both parties should communicate promptly for rescheduling.
3. Refunds:
- Eligibility: Refunds are generally not allowed unless explicitly stated in the Cancellations section or in cases of non-performance.
- Process: Refunds must be requested through the Mewzo platform and will be processed within 7 business days.
- Non-Refundable Fees: Transaction and Mewzo commission fees are typically non-refundable.
Commission Structure & Subscription Packages
1. Commission Overview:
- Variable Commission: The commission rate is determined by the booking amount.
- Bookings from R0 to R1149: 7,1% commission, plus transaction fee
- Bookings from R1500 to R6499: 12,1% commission, plus transaction fee
- Bookings above R6500: 17,1% commission, plus transaction fee
- Transaction Fees: 2.9% + 1 ZAR transaction fee.
1. Basic Package
- Commission Structure:
- As mentioned in 1. (Commission overview).
- Monthly Fee:
- There is no monthly fee for the Basic Package. This is a pay-as-you-go option for users who don’t require additional services but want to benefit from access to the platform.
- Key Features:
- Standard User Support: Access to basic customer support during business hours.
- Access to Platform: Full access to Mewzo’s platform, allowing users to make bookings, manage their profiles, and communicate with venues/artists.
- Booking Analytics: Basic reporting on your booking activity, including your total earnings, completed bookings, and ratings.
- Ideal for:
- Occasional users, or those who don’t need advanced tools or features but want to take advantage of Mewzo’s platform.
2. Premium Package
- Commission Structure:
- As mentioned in 1. (Commission overview).
- Monthly Fee:
- A monthly subscription fee of ZAR 250 (the exact fee depends on the package offering).
- Key Features:
- Priority Customer Support: Faster response times to address issues or concerns. Premium subscribers receive priority access to our customer support team.
- Featured Listings: Increased visibility on the platform with a featured profile or booking listing. This helps you stand out to venues or artists browsing the platform.
- Promotions and Discounts: Periodic offers for discounted services, exclusive promotions, or opportunities for greater visibility on the platform.
- Dedicated Account Manager usage: Receive personalized support from a dedicated account manager to assist with optimizing your profile, bookings, and overall platform strategy.
- Ideal for:
- Users who have moderate activity on the platform and want to optimize their visibility and booking success with additional tools and support.
Subscription Package Upgrades & Downgrades
You can easily upgrade or downgrade your subscription package at any time. Changes will take effect for future bookings, so if you wish to unlock more services or benefits, simply upgrade. Conversely, if you need to adjust to a more basic package, you can downgrade to match your needs.
User Verification
Purpose of Verification:
To maintain a secure, legitimate platform, all users must undergo a verification process to prevent fraud and ensure a professional environment.
Required Verification:
- Profile Image
- Short Video Introduction
- Government-Issued ID (if applicable)
Withdrawals
Payment Process:
Once the Venue has completed payment, the Artist can withdraw funds once both parties confirm that the service has been rendered.
Withdrawal Methods:
- Various methods available, including bank transfer.
- Payment Runs: Two per week.
Final Clauses
- Amendments: Mewzo reserves the right to amend these Terms and Conditions at any time.
- Governing Law: Governed by the laws of The Republic of South Africa.