Terms and Conditions

Your use of the Howler User Account and the Services (as defined below) is subject to the terms of this User Agreement (defined below). Please read this User Agreement carefully before deciding to use the User Account and the Services.

You should pay special attention to the parts in bold as they have especially important consequences for you. For example, they may limit the risk or liability of Howler or a third party, may create risk or responsibility for you, compel you to indemnify us or a third party or, serves an acknowledgement of fact by you.

Before you register as a Howler User Account user (User), you must read, understand and accept the terms and conditions contained in this agreement, our Website Terms and Privacy Policy and other policies or documents which are incorporated by reference in this agreement and are accessible to you on our website at www.howler.co.za (Website) (the User Agreement).

If you click or check “I accept” on the checkbox provided and we accept your registration, this User Agreement becomes a legally binding contract between you and the Howler entity for your country listed in the Country Specific Terms found at the end of this User Agreement (Howler or us). This User Agreement applies to your use of a ‘Howler User Account’ (a User Account) and the various services made available to you by Howler (the Services). If you do not accept this User Agreement, you may not register for a User Account or use the Services.

This User Agreement incorporates by reference of additional terms and conditions, including our Privacy Policy and our Website Terms and any other policies or documents that you should access and read, as they may contain further terms and conditions that apply to you.

You may access this User Agreement at any time on the User Agreement page on our Website. The headings in this User Agreement are for reference purposes only and do not limit the scope of any section.

This User Agreement may be amended from time to time. New or amended documents will be posted on the Website and on the Howler mobile application (if available) (the Mobile App) on the Policy Updates page, which is accessible from the Howler Legal Agreements page. The new or amended documents will apply to you from the earlier of date of acceptance via the Mobile App or Website, or within 30 days of being posted on the Website. If you disagree with any amendment, you should stop using the User Account and Services immediately.

  1. ELIGIBILITY
    1. User Accounts are available to any individual over the age of 18 or the age of majority in your country (whichever is higher) who is a resident of a country listed in the Country Specific Terms found at the end of this User Agreement. By registering for a User Account, you represent (promise) to us that you meet are eligible to enter into this User Agreement with us.
    2. If you are not yet 18, you must obtain your parents' or legal guardians' advance authorisation, permission and consent to be bound by our terms of use prior to you registering for a User Account or using any of our Services or participating in any of the activities offered. If you are under 18 and fail to obtain such consent you may not use the services or participate in the activities. The use of some of our services may require that you are over 18 and of full legal capacity. In such event you should ask your parent or legal guardian to perform the transaction for you.
  2. REGISTRATION
    1. In order to register for a User Account, you must meet the eligibility criteria in 1 above, accept this User Agreement and complete the registration process for a User Account. Completion of these steps does not automatically entitle you to a User Account. We may, in our sole discretion (acting reasonably) refuse your registration if, for example, you have previously been suspended from any of our services or you pose an unacceptable level of risk.
  3. DESCRIPTION OF USER ACCOUNT
    1. Nature of User Account: The User Account operates as a virtual User Account in which money (Credits), credit card details (Cards) and/or other payment tender types can be stored and utilized for payment (a) to other Users; and (b) to sellers that support payments made via the User Account (Merchants) (c) payment of refunds.
    2. Access: You can access your User Account by logging into the Website or the Mobile App, or through approved partner sites and/or their mobile applications (collectively, Partners). Your User Account transaction history and Credit balance is available on the Website or through the Mobile App.
    3. Limitations: You may not hold more than one User Account, act as an agent for another person in opening and/or operating a User Account or allow beneficial ownership of all or part of your User Account by a third party (including a juristic entity in which you have an interest).
    4. User Account for payments only: This User Agreement applies to Users as the makers of payments. Should you wish to receive payments as a merchant through Howler, you must complete a separate registration process which can be found on our website.
    5. Howler acts as your agent: This User Agreement regulates the use of your User Account and the Services described below. You hereby appoint Howler to act as your agent to manage the User Account, and to receive and transfer funds on your behalf in accordance with this User Agreement. Howler accepts this appointment.
  4. EVENT TICKET SERVICE
    1. Important to know:
      1. We act as agents and/or provide the platform for the presenters, promoters and organisers of events (“Event Organisers”). The Event Organisers sell tickets to you and collect payment from you utilising an online payment gateway. Each ticket that you purchase from them is subject to these terms and conditions. Additionally, you are bound by the Event Organiser’s terms and conditions applicable to the particular event (“the Ticket Terms”). These terms may appear on the relevant ticket or may otherwise be made available to you online.
      2. Each ticket that you purchase from us may only be utilised to attend the particular event to which the ticket pertains only and will not enable you to attend any other event.
      3. Any information you provide to us for the purposes of us providing you with our services, may need to be shared with our service providers or for the purposes of checking your credit record. We will not do anything else with your personal information unless we obtain your prior consent.
      4. From time to time the Event Organiser may share, be required to share your personal information with a sponsor or the artists booking agency. This information may or may not be used for future marketing endeavours by the sponsor or artists agency.
    2. Bookings
      1. The booking process is completed online. You must be over the age of 18 in order to submit a booking to us. We may require you to provide us with proof of your age or, if you are below the age of 18, the consent of your parents or legal guardian prior to accepting any booking from you.
      2. It is your responsibility to ensure that your booking details are correct before submitting the booking request, since the booking process may not be reversed. In the event that the Event Organiser accepts to reverse the booking, reversal fees such as credit card fees, commissions and other fees may be applicable. We are not responsible, nor may we be held liable for the reversal of any charges incurred by you as such remains within the sole discretion of the Event Organiser
      3. Upon completion, your booking request confirms your agreement to the terms and conditions contained in these terms as well as to any terms imposed by the Event Organisers. Following receipt of your booking request, we shall transmit correspondence either confirming or rejecting your booking request. This process creates a legally binding contract between us. Failure to receive this correspondence shall have no bearing upon the validity of the agreement concluded between us.
      4. We may, in our sole discretion, not accept or process your booking request and we will notify you if this is the case. This may occur if the event to which your booking request pertains has criteria which you fail to meet.
      5. In the event that you do not receive correspondence after submitting your payment information, or if you experience an error message or service interruption after submitting your payment information, you should confirm with us whether or not your order has been received. WE WILL NOT BE LIABLE FOR ANY LOSS YOU MAY INCUR IF YOU ASSUME THAT A BOOKING WAS NOT RECEIVED FOR ANY REASON.
      6. We may, at our sole discretion, limit your booking to a specified number of persons in order to discourage unfair booking practices.
      7. The information you submit online will be processed as you have provided it. In the event that you wish to change information provided, you need to contact us immediately.
      8. All information in respect of any event for which tickets are offered may be found on the Event Organiser’s website, Facebook page and mobile app (if applicable). The information is provided and created by the relevant Event Organisers and to this extent, the nature of the event is not a representation of our belief or opinion. WE DO NOT ENDORSE ANY OF THE EVENTS AND WE DO NOT REGULATE TICKET PRICES OR AVAILABILITY. WE WILL NOT ACCEPT RESPONSIBILITY FOR ANY INACCURATE INFORMATION PRESENTED, UNAVAILABILITY OF TICKETS OR CHANGES IN VENUE, DATES OR PRICING THAT MAY OCCUR BY THE EVENTS ORGANISER.
      9. Without prior notice, the Event Organiser may change the price, discontinue the availability of tickets or change the venue, seating arrangements or performance line-up for which tickets have been offered. No scheduled acts may be considered as headline acts, regardless of their relative fame or prominence in the billing. No cancellation by an artist will entitle you to a refund regardless of their position on the bill.
      10. All ticket prices displayed are in South African Rand unless stipulated otherwise. These prices exclude delivery fees which may be charged separately in the event that the Event Organiser offers a delivery service. Should you request a cancellation, exchange or replacement of tickets, a stipulated handling fee and/or a cancelation fee may also apply.
      11. All prices indicated as applying to tickets will be inclusive of VAT but exclusive of any other applicable charges, which, unless otherwise indicated, will be charged separately.
    3. Ticket Collection & Delivery

      The following options may be available based on your selection at the time of check out;

      1. Download an electronic ticket or reference number;
      2. Print your ticket at home. Your electronic tickets contain unique identification numbers, barcodes and/or access codes which allow only a single use thereof will be permitted.
      3. Have your ticket delivered to you. A delivery will generally be done by courier and any delivery will be subject to the courier’s delivery terms and conditions, delivery areas, delivery schedules and the like. We may not be held responsible for any loss which may arise as a result of any action or omission of the courier. ANY FEES LEVIED BY THE COURIER SHALL BE FOR YOUR ACCOUNT AND ARE NOT REFUNDABLE UNDER ANY CIRCUMSTANCES.
    4. Ticket Reselling
      1. RESELLING OF ANY TICKETS PURCHASED BY YOU FROM USING THE PLATFORM IS STRICTLY PROHIBITED. In the event that reselling of tickets purchased from us is attempted, we reserve our right to cancel your tickets and sell them to our other customers. YOU WILL NOT BE REFUNDED IF YOUR TICKETS ARE CANCELLED OWING TO A RESELLING ATTEMPT.
      2. Furthermore, you may not use our tickets for any promotion purposes. In order to utilise our tickets for a competition, you may request same from us in writing. You will be required to state the extent to which you intend to utilise our brand.
    5. Lost or Stolen Tickets
      1. In the event that your ticket is lost or stolen, the Event Organiser at its sole discretion reserves the right to choose whether it shall reissue you with new tickets. The risk for loss and damage to the tickets passes to you upon receipt of them. The Event Organiser may levy a reissuing fee.
    6. Cancellations, Refunds and Exchanges
      1. You are entitled to cancel your booked tickets that on the condition that they have not yet been issued to you. This cancellation may be done at any time prior to the day before the date of the event by sending a cancellation notice to support@howler.co.za.
      2. It is important to note that in certain instances, we shall retain the money you pay to us and pay it over to the Event Organiser following the conclusion of the event. In all other instances, the Event Organiser is the final recipient of the money. Notwithstanding these two instances, the cancellation and refund process operates in the same manner however, in the event that money becomes owing to you arising from a cancellation or refund, the payer may vary depending on whether the monies are being held by us or the Event Organiser.
      3. Once the details of your booking have been reinserted into the system, you will be refunded the face value paid for the relevant tickets. You may be liable for cancellation charges as determined either by us or by the Event Organiser which may be deducted from your refund. The following cancellation charges may apply:
        1. If the cancellation occurs more than 30 days prior to the event a 30% cancellation fee will apply;
        2. If the cancellation occurs less than 30 but more than 7 days prior to the event a 60% cancellation fee will apply;
        3. If the cancellation occurs less than 7 days prior to the event a 90% cancellation fee will apply;
        4. In the event that you can provide us with documentary proof that a person in whose name a ticket was booked will not be able to attend the event because of his / her death or incapacity, we will not levy a cancellation fee in respect of that person’s ticket.
      4. It falls exclusively in the domain of Event Organisers to do the following:
        1. refuse admission to events,
        2. alter the program or seating arrangements for events,
        3. postpone or cancel events in certain circumstances.
      5. In each of the above instances, the Event Organiser may offer a refund or exchange of tickets and we take no responsibility in respect of that process. No refund will apply if you are refused admission to the event because fail to qualify for attendance. If an event is cancelled or postponed, and depending on the circumstance listed in 4.6.2, we or the Event Organiser shall provide a notice on the Event Organiser’s website or contact you to inform you of the relevant refund or exchange procedures for that event. Refunds shall be issued using the same method of payment that was used to purchase the tickets. If a credit card was used to make the refunded purchase, then only that actual credit card will receive the credit for the refund.
  5. USER ACCOUNT SERVICES
    1. Your Howler User Account will enable you to;
      1. Review past transaction history;
      2. Link Howler issued cashless RFID devices to your User Account and transfer the balance of the credit on the cashless RFID device to your Howler online credit account;
      3. Link Howler issued cashless RFID devices to your User Account and have the credit balanced stored on the cashless RFID device paid out to your linked bank account;
      4. Maintain your user profile information;
      5. Maintain your notification settings;
      6. make payments or allocate funds using the payment tender types set out below.
    2. Howler may add payment tender types from time to time by updating this User Agreement.
    3. Cards and Services relating to Cards:
      1. You can load locally issued credit cards into your User Account by storing the details, including the card number, expiration date and cardholder’s name (Card Details) of credit cards that Howler accepts. Howler accepts VISA, MasterCard, American Express and Diners Club International (Cards). You may store up to 3 locally issued Cards in your User Account at any one time and up to 10 locally issued Cards in your User Account over the lifetime of your User Account. Stored Card Details are encrypted and stored in our secure Payment Card Industry (PCI) compliant environment.
      2. To make a User Account purchase from a Merchant, you must elect to pay using your User Account. You will then be able to make your purchase without the need for you to provide Card Details to the Merchant. Instead, if you are transacting online, you will be required to log into your User Account using your password, or if transacting through your Mobile App by using 4 to 6 digit pin number (PIN). We will subsequently retrieve your encrypted Card Details and process the payment against your Card on behalf of the Merchant. You hereby consent to Howler providing your Card Details to Merchants or Partners from whom you make purchases (as is necessary to complete the transaction).
      3. Your Card statement will reflect the payment as one made to Howler with refence to the Merchant.
      4. Should you encounter an error, declined transaction, payment failure, payment timeout, or unavailable funds message whilst concluding a transaction depending on the error message received you will need to restart the payment request or make a new payment request using a different payment type from within your User Account. Please note that certain failed transactions may not be restarted due to, for example, your daily limit being reached or your credit card being declined by your bank.
    4. Howler Credits and Services relating to Credits (if available)
      1. You can load funds (Credits) into your User Account by purchasing Howler Credits using a Card, EFT, Cash payment or with the cash payment methods that may be available from time to time (as indicated on our Website and Mobile App). You may also receive Credits from other Users who have successfully sent Credits to you.
      2. Credits in your User Account are held separately from Howler’s other funds and are held by Howler as agent on your behalf. You agree that any interest accruing on funds transferred to Howler accrues to Howler. Depending on the payment method you choose, there may be restrictions on how soon you can use the Credits in your User Account.
      3. To make a User Account purchase with your Credits from an Event Organizer, Merchant or through a Partner, you must select to pay using your Howler Credits. You will be directed to the Website to open your User Account or you can open the Mobile App using your PIN. You will then instruct Howler to make the payment on your behalf and indicate whether you want us to process the payment with your Card or Credits.
      4. Your Howler Credits can also be loaded on to a Howler RFID card to be used at a Howler cashless event to purchase goods and or services from Howler cashless enabled vendors at the event.
      5. If you have insufficient Credits in your User Account to make the instructed payment, you will receive a payment failure notification. You cannot pay a merchant partially out of Credits and partially by Card.
      6. You cannot use Credits in your User Account for any purpose other than to make payment to a Merchant or through a Partner or to allocate the Credits to another User. At this time, you cannot cash-out or withdraw Credits loaded into your User Account or instruct that such Credits be repaid to you. Similarly, if you allocate Credits to another User, that User cannot cash-out or withdraw the transferred Credits in cash.
      7. Refunds issued by Merchants where you have used your User Account will be processed back into your User Account, meaning that the funds will be transferred by the Merchant into Howler’s bank account, to be held by Howler on your behalf in accordance with this User Agreement.
      8. Should you encounter an error, declined transaction, payment failure, payment timeout, or unavailable funds message whilst concluding a transaction you will need to restart the payment request or make a new payment request using a different payment type. Please note that certain failed transactions may not be restarted due to, for example, your daily limit being reached.
    5. Person to Person transfers (P2P) (If applicable)
      1. In certain countries, you can instruct Howler to transfer some or all of your Credits to another User, in which event the transferred Credits will cease to be held on your behalf and will then be held by Howler on the other User’s behalf. To check if P2P is available in your country and/or to find out more details P2P please visit our Website.
      2. Upon receiving the Credits, the other User can then use such Credits in accordance with the terms of his/her User Agreement.
      3. Should you receive Credits from another user, 4 above will apply to how you may use those Credits.
      4. It is your sole responsibility to ensure that you transfer Credits to the correct user name or mobile number. Please note the provisions of 7.1 below.
    6. Howler Account Fees and Charges
      1. Please see 21 below for fees and charges applicable to your country. Howler may change its fees from time to time by updating the relevant section of this User Agreement.
    7. Terms Applicable to Certain Purchases
      1. A User Account may allow you to purchase certain products, that are governed by additional terms. Please see 21 below for current products and terms applicable to your country. Howler may change the products and terms at any time by updating the relevant section of this User Agreement.
  6. PAYMENT FOR TICKETS AND SERVICES
    1. We support a variety of payment methods you can use to purchase tickets, Howler Credits and other services and goods we offer directly to you or via Event Organizers or merchants.
    2. Credit Card Payments: You will have to provide the necessary payment card details, when booking for an event. By completing the relevant online fields, you thereby authorise us to debit the designated account with the amount owing for the tickets requested. We shall debit your account subsequent to your booking. You are only entitled to receive the tickets once full payment has been made. In the event that, for whatever reason, we are unable to debit your account, your booking may be cancelled and your tickets resold without further notice.
    3. EFT Payments:
      1. You will be provided with a reference as well as with the relevant bank account details into which you shall be required to pay. WE ARE NOT RESPONSIBLE IN THE EVENT THAT YOU PAY INTO THE WRONG ACOUNT. FURTHERMORE, WE ARE NOT RESPONSIBLE IN THE EVENT THAT YOUR PAYMENT REFLECTS IN THE RELEVANT ACCOUNT AFTER THE EXPIRY DATE FOR A PARTICULAR BOOKING WHICH RESULTS IN THE LATE OR NON-ISSUING OF TICKETS.
      2. You are required to pay the full amount of the booking price when utilising the EFT platform. Partial and non-payments relating to bookings will result in non-issuing of tickets. WE ARE NOT RESPONSIBLE IF YOUR BOOKED TICKETS ARE REISSUED TO OTHER PERSONS AS A RESULT OF YOUR PARTIAL OR NON-PAYMENT.
      3. PARTIAL PAYMENTS RESULTING IN A NON-ISSUING OF TICKETS SHALL NOT BE REFUNDED.
      4. In the event that you insert an incorrect reference when making a payment, you may not receive your tickets on time. In such an instance, it is your responsibility to contact us Each transaction bears a new reference which will be allocated. A REFERENCE NUMBER ALLOCATED FOR ONE BOOKING MAY NOT BE UTILISED AGAIN FOR FUTURE BOOKINGS.
      5. You warrant that the account from which you elect to make payment is one operated by you and in the event you are to be refunded, we may pay the refunded amount into such account.
    4. Cash Payments:
      1. You will be provided with a reference as well as with the relevant retailer networks where you shall be required to pay with. WE ARE NOT RESPONSIBLE IN THE EVENT THAT YOU PAY WITH AN INCORRECT REFERENCE. FURTHERMORE, WE ARE NOT RESPONSIBLE IN THE EVENT THAT YOUR PAYMENT REFLECTS IN THE RELEVANT ACCOUNT AFTER THE EXPIRY DATE FOR A PARTICULAR BOOKING WHICH RESULTS IN THE LATE OR NON-ISSUING OF TICKETS.
      2. You are required to pay the full amount of the booking price when utilising Cash payment method. Partial and non-payments relating to bookings will result in non-issuing of tickets. WE ARE NOT RESPONSIBLE IF YOUR BOOKED TICKETS ARE REISSUED TO OTHER PERSONS AS A RESULT OF YOUR PARTIAL OR NON-PAYMENT.
      3. PARTIAL PAYMENTS RESULTING IN A NON-ISSUING OF TICKETS SHALL NOT BE REFUNDED.
      4. In the event that you use an incorrect reference when making a payment, you may not receive your tickets on time. In such an instance, it is your responsibility to contact us Each transaction bears a new reference which will be allocated. A REFERENCE NUMBER ALLOCATED FOR ONE BOOKING MAY NOT BE UTILISED AGAIN FOR FUTURE BOOKINGS.
  7. NOTES REGARDING SERVICES
    1. No reversals: Once Howler makes a payment in accordance with your instruction you will not be able to instruct Howler to cancel or reverse the payment for any reason (including overpayment, where payment is made to the wrong person or where goods purchased are not delivered or are defective). To reverse a payment you must contact the Merchant or Partner directly to arrange a refund, or to reverse an allocation to another User you must contact the User directly to arrange their allocation of Cash to you.
    2. Indemnity: Howler shall not be liable for any payments made in accordance with your instructions and you hereby indemnify Howler against any loss, expense or damage which may be suffered, or any third party claims which may be made against Howler, arising out of payments made in accordance with your instructions.
    3. Chargebacks: If you load Credits into your User Account using a Card payment into Howler’s bank account and the payment is thereafter charged back by the Card issuer, you will remain liable to Howler for any Credit payments made by Howler on your behalf prior to the chargeback.
    4. Limits: Howler may implement limits on amounts that you can load into your User Account and/or pay to Merchants or through Partners and/or allocate to other Users. Please see 21 below for limits applicable to your country. Howler may change the limits at any time by updating the relevant section of this User Agreement. Certain changes may be required by applicable law and may be enforced immediately without notice.
    5. Recurring Transactions: Certain transactions may be loaded by our Merchants or Partners as recurring transactions, meaning that you authorise us to deduct amounts from your User Account whenever you make a purchase from such Merchant or Partner, without obtaining additional security verification from you. You provide this consent to us for the duration of this User Agreement.
  8. YOUR INFORMATION – PLEASE ALSO SEE OUR PRIVACY POLICY
    1. Providing information: When you register for a User Account, you will be required to provide certain personal and other information (Personal Information) to Howler to enable us to provide the Services to you. When you use the User Account and the Services, certain of your Personal Information may be transmitted to the relevant Merchant, Partner or other User (as is necessary to complete the transaction), and/or you may be requested to provide us and/or the relevant Merchant, Partner or other User with further information. Howler respects your privacy and shall take all reasonable and legally required steps to protect your Personal Information and other information.
    2. Accuracy of information: To the extent allowed by law, you are solely responsible for providing true, accurate, current and complete Personal Information and other information to us, Merchants, Partners and other Users; for maintaining and promptly updating your Personal Information to keep it true, accurate, current and complete; for acquainting yourself and complying with all relevant rules and legislation in force from time to time and applicable to any of the Services provided to you. Howler will not be liable to you for any loss, expense, or damage suffered by you, or claims made by third parties against you, which arise from or in relation to your having submitted inaccurate Personal Information or other information. To the extent allowed by law, you further indemnify Howler against any loss, expense or damage we may suffer, or claims made by third parties against Howler, which arise from or in relation to you having submitted inaccurate Personal Information or other information.
    3. Identification and information: You authorise Howler, during your initial registration process and from time to time thereafter, to make any inquiries it considers reasonably necessary to verify your identity, Personal Information and/or any other information provided. Such verification may include but is not limited to verifying the Personal Information you provide against third party databases, and requiring you to provide Howler with faxed or scanned copies of documentation such as the biographical data page of identification documents or proof of address. Personal Information provided to Howler will be kept confidential and will not be disclosed to any third party, save as described above. Howler does not guarantee any Merchant’s, Partner’s or User’s identity.
    4. You hereby consent to Howler, during your initial registration process and from time to time making all such queries and/or taking all such steps in respect of your information as Howler may be lawfully entitled to do from time to time.
    5. Use of your Personal Information and other information:
      1. Howler will not sell or rent your Personal Information to third parties for marketing purposes without your consent.
      2. By agreeing to this User Agreement you expressly consent to us using your Personal Information to communicate with you and (unless you opt out on the Website) to send you marketing and promotional information relating to our Services and the services offered by our Merchants and Partners. You can manage your notification settings by logging into your account on the Website.
      3. The manner in which we use your Personal Information is regulated in more detail as described in our Privacy Policy. Please read our Privacy Policy to acquaint yourself with your rights and obligations in this regard.
      4. The Privacy Policy is part of this User Agreement. If you are not satisfied with the level of privacy we provide or otherwise disagree with the Privacy Policy, you do not accept this User Agreement.
  9. SECURITY
    1. YOUR ATTENDANCE AT EVENTS OCCURS AT YOUR OWN RISK. WE REITERATE THAT WE ARE NOT RESPONSIBLE FOR YOUR SECURITY OR THE SECURITY OF YOUR PROPERTY IN ATTENDING ANY EVENT. Any damage or loss suffered may be addressed with the Event Organiser.
    2. Your security obligations:
      1. To become a User, you will be required to select and provide us with a unique username and password, which will enable you to sign into your User Account on the Website. You will also be given a starting PIN or will be required to provide us with a PIN, which you will use to access the Mobile App. If you are given a starting PIN by SMS, it is your responsibility to select a new PIN.
      2. It is your responsibility, and you agree, to keep your username, password and PIN secure and confidential at all times. You shall be fully responsible for all activities that occur under your username, password and PIN. You agree that your username, password and PIN will only be used for your own personal use and will not be disclosed to any other person, and that you will not enable any other person to access your User Account. You acknowledge that if a third party becomes aware of your username, password and/or PIN, such person may gain access to all the Services and features associated with the operation of your User Account. Howler cannot and will not be liable for any loss, claim or damage you suffer or incur arising from and/or as a result of the use, whether authorized or unauthorized, of your username, password and/or PIN. Should you forget, or for any other reason need to reset, your username, password and/or PIN, you can follow the process provided on the Website or in the Mobile App. Should you still encounter problems, please contact our Support Team at support@howler.co.za on +27 (11) 880 2199. Monday to Friday – 09:00 – 17:00.
      3. You should immediately notify us if you believe:
        1. there has been an unauthorized transaction or unauthorized access to your account;
        2. there is an error in your account history statement (you can access your account history by logging into your account on our Website) or in your transaction confirmation sent to you by email;
        3. your password or mobile PIN has been compromised;
        4. your Howler User Account Mobile-activated phone has been lost, stolen or deactivated; or
        5. you need more information about a transaction listed on the statement or transaction confirmation.
    3. Our security obligations:
      1. Howler stores and processes Your Personal Information, as well as all information relating to the use of your User Account, on computers that are located in the Republic of South Africa and protected by physical and technological security devices.
      2. Howler complies with international PCI Data Security Standards (also known as PCI DSS), which set out the industry standards for maintaining a secure environment.
      3. All Card Details are secured by secure socket layer (SSL) and transfer layer security (TLS) encryption and reinforced through various encryption processes in order to provide protection for all sensitive payment information. Howler does not store or access any unencrypted Card Details. Card Details entered by you are SSL and TLS encrypted and stored in our PCI compliant environment.
    4. Howler uses third parties to verify our privacy principles.
    5. Howler’s registration documents and the Website’s registered domain name are checked and verified by VeriSign.
    6. Howler takes all reasonable steps to ensure the integrity and security of the Website, Mobile App and all back-office applications.
  10. PROHIBITED CONDUCT
    1. Agreement of use: You agree to use the Services in accordance with the terms of this User Agreement, our Website Terms, and all applicable laws, regulations and ordinances. In particular, you undertake not to engage in any of the following prohibited conduct:
      1. threatening, stalking, defrauding, inciting, harassing, or advocating the harassment of another person, Merchant, Partner or User, or otherwise interfering with another person’s use of a User Account, the Services, the Website or the Mobile App;
      2. submitting false, inaccurate, incomplete, outdated or misleading information on the Website or Mobile App;
      3. using a User Account, the Services, the Website or the Mobile App to conduct fraudulent or illegal activities (including illegal gambling or gaming activities);
      4. delivering or attempting to deliver any damaging code to the Website or Mobile App, or attempting to gain unauthorised access to any page on the Website or Mobile App; or
      5. removing or modifying any copyright, trademark or other proprietary rights notice on the Website or Mobile App, or on any materials printed or copied off of the Website or Mobile App.
    2. Liability for prohibited conduct: You acknowledge that if you breach any of the conditions set out in 10.1 above, Howler may incur substantial damages. Accordingly, in the event of a breach:
      1. your User Account may be limited, suspended or immediately terminated;
      2. you may be subject to criminal prosecution;
      3. you will be liable for any damages we incur, including without limitation all costs, expenses, and fines levied on Howler by third parties such as payment processors and/or service providers as a result of your breach.
    3. Litigation costs: You agree that, if either you or Howler commence litigation or arbitration in connection with this clause 10.3, the prevailing party shall be entitled to recover lawyers’ fees and any other costs reasonably incurred in such proceeding on the attorney and own-client scale, in addition to any other relief to which the prevailing party may be entitled.
  11. INTELLECTUAL PROPERTY RIGHTS
    1. Content: You acknowledge that all the content, including works of copyright, trademarks, domain names, hyperlinks, information and agreements on the Website, Mobile App or used in relation to the Services (Content), are the property of or licensed to Howler and as such are protected from copying or infringement by local and international legislation and treaties. You agree not to unlawfully reproduce or copy Content by any means, whether electronically or otherwise, or to commit any act of infringement in respect of the Content. You agree to use Content only in accordance with the terms and conditions of this User Agreement, in particular, you are granted a non-exclusive, non-transferable, non-assignable limited licence to download, view and print Content from this Website for private and non-commercial purposes and for no other purposes whatsoever (including for re-distribution or any commercial use), save with the express prior written consent of Howler. To request such consent please contact our Support Team at support@howler.co.za on +27 (11) 880 2199. Monday to Friday – 09:00 – 17:00.
    2. Other intellectual property rights: Any and intellectual property rights subsisting in the Website, the Content, the Services and the User Agreement, or otherwise developed by or on behalf of Howler, subsisting now or in future in any part of the world, whether registered or unregistered and including all applications for, and renewals or extensions of, such rights for their full term (Intellectual Property Rights) vests in Howler and all rights not expressly granted are reserved.
    3. User generated content: Howler cannot screen or edit all the user-generated content available on the Website or Mobile App (such as content on the Howler blog) and, to the extent allowed by law, does not accept any liability for illegal, defamatory, offensive or obscene content other than as a result of Howler’s gross negligence in respect of screening Content on the Website or Mobile App. You are encouraged to inform Howler of any Content that may be illegal, defamatory, offensive or obscene.
    4. Rights to Personal Information: Solely to enable Howler to use your Personal Information as contemplated by this User Agreement (so that we are not violating any rights you might have in your Personal Information), you hereby grant Howler a non-exclusive, worldwide, royalty-free, perpetual, sub- licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in your Personal Information, in any media now known or not currently known, with respect to your Personal Information. Howler will use and protect your Personal Information in accordance with our Privacy Policy.
  12. SOCIAL MEDIA AND EMAIL
    1. The Website may include links to social media sites that allow you to, for example, “like” Howler Services and/or post messages about your experience with Howler. If you choose to use these social media platforms, you are solely responsible for ensuring that your use complies with all applicable laws, rules and regulations, this User Agreement and any terms, conditions and restrictions of the relevant social media platform.
    2. The Website may also provide an option for you to send another person an email about Howler. If you provide another person’s email address to us, you represent and warrant that you have the authority to do so and you expressly authorise us to send the email on your behalf. The recipient must be 18 years or older. We may elect not to transmit to an email address that appears on any applicable “do not contact” list.
  13. YOUR RELATIONSHIP WITH MERCHANTS AND OTHER USERS
    1. Conduct of Merchants and other Users: The agreements between Howler and Merchants and Howler and other Users oblige such Merchants and other Users to conduct themselves in a certain manner and prohibit various types of conduct. Should you experience any problems with a Merchant or another User, please contact our Support Team at support@howler.co.za on +27 (11) 880 2199. Monday to Friday – 09:00 – 17:00. If we deem it necessary, we may investigate the complaint further and/or avail ourselves of our rights in respect of such Merchant or User.
    2. Involvement in disputes: Howler reserves the right, but is not obliged, to get involved in any dispute between you and a Merchant or another User in an attempt to resolve same as well as to take all steps it deems reasonably necessary to combat suspected fraud. Such involvement may include Howler furnishing the authorities with and/or requesting from you certain documentary evidence where relevant.
    3. User acknowledgments: You acknowledge and agree that:
      1. Howler has no actual control over, and does not give any guarantees or representations in relation to the manner in which Merchants or other Users conduct themselves, whether a Merchant honours transactions and/or the products or services offered by Merchants;
      2. any disputes which may arise between you and a Merchant or another User are between you and the Merchant or other User, to be resolved between you and the Merchant or other User alone, without Howler being in any way obliged to intervene or attempt to resolve such dispute; and
      3. Howler (and our officers, directors, agents, subsidiaries, joint ventures and employees) will not be liable to you in relation to a Merchant or other User’s conduct, including for any and all claims, demands and damages (actual and consequential) of any kind arising out of or connected to any dispute you may have with any Merchant or other User, including any dispute which Howler has attempted to resolve in terms of 13.2 above.
  14. DISCLAIMER, LIMITATION OF LIABILITY
    1. No warranties: To the extent permitted by law, Howler makes no representations or warranties, implied or otherwise, that the Services, the Content and technology available from the Website or Mobile App or information provided by Howler via email or other means will be available, timely, accurate, complete, correct, error-free, secure, uninterrupted, up-to-date and reliable, save to the extent expressly provided in this User Agreement. Please also see country specific terms in this regard. More specifically:
      1. although Howler will use its reasonable endeavours to ensure the security of the Services and the Howler e-commerce network infrastructure, we cannot guarantee the security thereof and Howler will not be liable in any way whatsoever in respect of any loss or damage of whatever nature suffered by you or any third party as a consequence of a breach of security in respect of a User Account, the Services, the Website, the Mobile App and/or the Howler e-commerce network infrastructure;
      2. access to the Website and Mobile App may be restricted from time to time to allow for repairs, maintenance or the introduction of new services;
    2. As is: To the extent permitted by law, you therefore agree that the User Account, Services, Website and Mobile App are supplied on an “as is” basis, have not been compiled or supplied to meet your individual requirements, and are used at your sole discretion and risk and that it is your sole responsibility to satisfy yourself prior to accepting this User Agreement that the Services available from and through the Website and Mobile App will meet your individual requirements and be compatible with your hardware and/or software. You are encouraged to report any malfunctions and errors by contacting our Support Team at support@howler.co.za on +27 (11) 880 2199 Monday to Friday – 09:00 – 17:00. More specifically:
      1. hyperlinks provided on the Website and/or Mobile App to non-Howler sites are provided as is and Howler does not endorse, edit or sponsor the content on such web pages; and
      2. information, ideas and opinions expressed on the Website and/or Mobile App should not be regarded as professional advice or the official opinion of Howler. You are encouraged to take professional advice before taking any course of action related to information, ideas or opinions expressed on the Website and/or Mobile App.
    3. No liability: Without limiting the generality of the foregoing and to the extent allowed by law, we will not be responsible for any of the following even if we should have known there was a possibility you could experience the relevant problem and in each case whether suffered by you directly or indirectly:
      1. financial or similar loss of any kind, including, for example, loss of profits, business, estimated savings, chargeable time or goodwill;
      2. any business interruption (including interruption to Services) or loss of or damage to information, however caused;
      3. loss or damage which we could not have reasonably known about at the time you entered into this User Agreement; and
      4. losses resulting from the use of the Services other than as described in this User Agreement and/or described on the Website or Mobile App.
    4. Allocation of risk: You acknowledge that the allocation of risk and responsibility as set out in this User Agreement is reasonable because it accords with:
      1. Howler’s inability to control how, and for what purposes, you use the Services;
      2. Howler not having developed any of the Services specifically for you;
      3. the fact that, while Howler follows good industry practice, it is not economically possible for Howler to test exhaustively any software that supports the Services; and
      4. the amount of fees, if any, paid by you for the Services.
    5. Liability: To the extent allowed by law, nothing in this User Agreement will prevent or limit either of your or Howler’s liability for:
      1. fraud or wilful misconduct;
      2. death or personal injury arising out of negligence; or
      3. negligence.
    6. Maximum liability: Notwithstanding the above disclaimers of liability, should we nevertheless be found to be liable to you in relation to the Services for any reason, then, to the extent allowed by law, our maximum aggregate responsibility and liability to you (including for negligence and whether pursuant to one or more claims) in relation to this User Agreement and the Services will be limited to paying you the lesser of an amount equal to the total amount of fees you paid to us for such Service in the 12 months prior to the incident, or up to a maximum aggregated amount of R5,000 (five thousand rand).
    7. No indirect liability: To the fullest extent allowed by law, none of Howler or any of its affiliates, subsidiaries, agents, suppliers and/or subcontractors will be liable to you for any indirect loss, or any incidental, special, punitive or consequential loss or damage, or any direct or indirect loss of profits, arising in relation to this User Agreement, the User Account, Services, Website and/or Mobile App.
    8. Uncontrollable Events: Whilst we aim to provide uninterrupted Services, unfortunately we cannot guarantee this as interruptions may be caused by factors beyond our reasonable control. To the extent allowed by law, under no circumstances will Howler be liable for any events beyond our reasonable control.
  15. USER SUSPENSION AND TERMINATION
    1. Termination on notice: Either of us is entitled to terminate the Services on 1 (one) month’s prior written notice to the other. To terminate your User Account, please email us at support@howler.co.za.
    2. If you breach this User Agreement (for example by initiating a chargeback or engaging in fraudulent or prohibited conduct), then without prejudice to any of Howler’s other remedies in law or under this User Agreement (including the right to claim damages), Howler (acting reasonably) reserves the right in its discretion to suspend your User Account, limit your access to your User Account or any of the Services or terminate your User Account and this User Agreement immediately by notice to you. We may hold the Credits in your User Account pending the outcome of any legal proceedings or investigations and apply it to our losses.
    3. Upon termination of this User Agreement, your entitlement to use the User Account shall cease. Any funds remaining in your User Account should be used by you prior to closing your User Account as you will not be able to use the funds following account closure.
    4. To the extent that your access to any of the Services is suspended by Howler in accordance with the provisions of this User Agreement, you acknowledge that you will forfeit your access to and/or use of those Services. Such suspension will not detract from any liability you have incurred prior to suspension.
    5. The expiration or termination of this User Agreement shall not affect such of its provisions as expressly provide that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this. In particular, but without limiting the generality of the foregoing, clause 11 will survive any termination of this User Agreement.
  16. COMPLAINTS AND DISPUTES
    1. Should you have any complaints relating to a User Account, the Services, the Website, the Mobile App, a Merchant or another User, please contact our Support Team at support@howler.co.za on +27 (11) 880 2199. Monday to Friday – 09:00 – 17:00.
      1. In respect of a User Account, the Services, the Website and the Mobile App, Howler will take such measures as it deems reasonable or necessary to assess and address your complaint.
      2. Should a dispute of any nature whatsoever arise between you and another User, or you and a Merchant, you acknowledge that Howler is not and will not be a party to such dispute. In the case of such a dispute, or should you make a complaint against a Merchant or another User, Howler may, in its sole discretion elect (but shall not be obliged), to assist in the resolution of such complaint or dispute, by taking such measures as it deems reasonable or necessary.
    2. Should a dispute of any nature whatsoever arise between you and Howler on any matter provided for in or arising out of this User Agreement and such dispute is not resolved through the Customer Relations Department of Howler then, save for urgent or interim relief which may be granted by a competent court, such a dispute may be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa from time to time. Arbitration proceedings shall be conducted in Cape Town in English. The expedited arbitration rules may be downloaded from http://www.arbitration.co.za.
  17. GOVERNING LAW AND JURISDICTION
    1. This Website is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and this User Agreement and its interpretation and implementation is also governed by South African law. Subject to the ‘Disputes’ clause of this User Agreement, you and Howler submit to the non-exclusive jurisdiction of the Gauteng High Court, Johannesburg, being the main seat of the Gauteng Division of the High Court of South Africa.
  18. NOTICES
    1. Howler chooses as its address for all purposes under this User Agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the address set out for your country listed in the Country Specific Terms found at the end of this User Agreement.
    2. You choose as your physical address for all purposes under this User Agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the physical address Howler has on record for you as provided by you from time to time.
    3. Where communications are made electronically where provided for in accordance with this User Agreement, such communications shall be deemed to have been received (unless proved to the contrary) within 24 hours after having been sent, save where the sender knows that delivery thereof has failed.
  19. ELECTRONIC COMMUNICATIONS
    1. You consent to receiving communications from Howler electronically and agree that all agreements, notices, disclosures and other communications sent by Howler by electronic means satisfy any legal requirements, including but not limited to the requirement that such communications should be “in writing”.
    2. You acknowledge and agree that in law this User Agreement constitutes a written agreement, which upon your electronic acceptance and submission, will be regarded as signed by you.
    3. Howler reserves the right but assumes no obligation to provide communications in paper format.
    4. You agree that in the event of a dispute between you and Howler or between you and any other User or Merchant, Howler’s electronic records of your transactions, this User Agreement, Privacy Policy, Website Terms, any identity verification information provided in a paper format and subsequently scanned or otherwise converted into an electronic format, and any other information stored or created electronically shall be admissible in a court of law, proceeding or in relation to a law enforcement or regulatory investigation or prosecution.
  20. MISCELLANEOUS
    1. Howler is entitled to cede (i.e. transfer) this User Agreement to any third party without your consent, other than if such cession would be to your detriment, but you may not cede or transfer this User Agreement or any of your rights or obligations hereunder to any other person.
    2. If either of us fails or delays the exercise of any rights or remedies under this User Agreement, we will not be deemed to have waived (i.e. given up) those rights or remedies in any way.
    3. If a court or similar body decides that any wording (or its application to any person or circumstance) in this User Agreement is illegal, invalid or unenforceable, that decision will not affect the rest of this User Agreement, which shall not be affected or impaired but will remain binding on both of us. However, if the wording that is illegal, invalid or unenforceable can be made valid and enforceable by deleting part of it, or by substituting legal, valid and enforceable provisions for the illegal, invalid and/or unenforceable provisions, we will both treat the wording as if it is so deleted or substituted, so that the wording becomes legal, valid and enforceable.
    4. This User Agreement (including the Privacy Policy, Website Terms and other documents or policies incorporated herein by reference) is the entire agreement between you and Howler with respect to your use of the User Account, and supersedes all documentation, information and other communications (in each case whether spoken or written) between us with respect to such access and use.
    5. Nothing in this User Agreement limits or exempts Howler from any liability for loss attributable to the gross negligence of Howler or any person acting for or controlled by Howler, or for any other liability to the extent that the law does not allow this, nor requires you to assume risk or liability for any such loss to the extent that the law does not allow this.
  21. COUNTRY SPECIFIC TERMS
    1. South Africa

      In addition to the above provisions of this User Agreement, please refer to the relevant paragraph below for additional terms and conditions that are specific to your country of residence and use of a User Account and the Services.

      These terms apply to Users located in South Africa. To the extent that there is any conflict between these South Africa specific terms and the other terms of the User Agreement, these South Africa specific terms will govern.

      1. The Howler entity in South Africa is: Afeleton (Pty) Ltd t/a Howler (registration number 2009/016028/07). For purposes of 18 above, the address of Howler is:
        Howler
        Units 1, 2 and 3
        Oxford Gate
        Hyde Park Lane
        Hyde Park
        Johannesburg
        2196
        South Africa
        (for attention: Legal). Also for purposes of 18 above, a copy of any notice must be sent by e-mail to legal@howler.co.za (the delivery of which copy shall be required in order for notice to be validly given).
      2. Clarifications for Users in South Africa
        1. Clause 13.1 shall only apply to the extent permitted by law, and specifically shall not apply to the extent, if any, to which Howler may be liable to you under the Consumer Protection Act 68 of 2008 (“CPA”) in relation to the Services and/or under sections 43(5) and 43(6) of the Electronic Communications and Transactions Act 25 of 2002 (“ECT Act”) in relation to Howler’s payment systems not being sufficiently secure.
        2. To the extent that this User Agreement and/or any of the Services are regulated by the CPA, it is not intended that any provision of this User Agreement contravenes any provision of the CPA and therefore all provisions of this User Agreement must be treated as being qualified, if necessary, to ensure that the provisions of the CPA are complied with.
      3. Limits for Users in South Africa
        1. There are certain balance and transaction limits that apply to your use of the User Account.
        2. You can view the User Account limits at: https://www.howler.co.za/faqs/my-Howler-User Account. Please note that these may be updated from time to time, pursuant to changes in law or our risk policies. It is your responsibility to review the limits that apply to you by checking the link above.
      4. Fees for Users in South Africa
        1. In general there are no fees when using your User Account. However, fees may apply when purchasing lottery tickets.
        2. You can view the User Account fees at: https://www.Howler.co.za/faqs/my-Howler-User Account. Please note that the fees may be updated from time to time. It is your responsibility to review the fees that apply to you by checking the link above.