Terms and Conditions

  2. Terms & Conditions

Terms and Conditions

Welcome to Kuching Jazz online ticketing store. Terms and conditions stated below apply to all visitors and users of kuchingjazz.com. You are bound by these terms and conditions as long as you're on kuchingjazz.com.

This T&C is made between Kuching Jazz operating the ticketing platform www.kuchingjazz.com for Kuching Jazz of the one part, and the user (“User”) accessing to Kuching Jazz’s Site (as defined herein) of the other part. (Kuching Jazz and the User shall be collectively referred to as “Parties” and individually a “Party”)

IT IS HEREBY AGREED AS FOLLOWS:-

  1. DEFINITIONS AND INTERPRETATION:

    1. In this T&C, each of the following expression has, except where the context otherwise requires, the meaning shown opposite it:
      “Account” means the Kuching Jazz Account to be registered by the User at the Site for submission of an Order.
      “Business Day” means a day from 9.00 a.m. to 6.00 p.m. in Malaysia, excluding Saturdays, Sundays, and gazetted public holidays;
      “Contract” means the Customer’s Order of a Product or Products in accordance with these T&C which we accept in accordance with Clause 6 herein;
      “Customer” means any individual that places an Order on the Site;
      “Organiser” means the person or entity who organised and/or arrange the Event;
      “Personal Data” means any information of the User in respect of any transactions on the Site to which Kuching Jazz has access and the same definition described in the Personal Data Protection Act 2010;
      “Site” means the website of Kuching Jazz that can be accessed at the following address www.kuchingjazz.com
      “Ticket” means the ticket whether in physical or electronic form for admission to the Event;
      “T&C” means this terms and conditions that is applicable to all the User and Customer of Kuching Jazz using the Site;
      “User” means any individual that is accessing or using the Site including Customer or a guest; and
      “Venue Owner” means the venue management or owner who is responsible for the venue in which the Event will be held.

    2. Words and expressions denoting the singular include the plural and vice versa.

    3. Words and expressions denoting the whole include any part.

    4. Words and expressions denoting any gender include all genders.

    5. Words and expressions applicable to a natural person include any individual, firm, partnership, company or corporation.

    6. Headings and sub-headings are inserted for convenience only and have no legal effect.

  2. USER DECLARATION

    1. The User agrees that by using the Site, the User have read, understood and agreed to be bound by all the T&C. These T&C shall apply to the User’s use of the Site and all Orders and Contracts made or to be made by Kuching Jazz for the sale and supply of products.

    2. The User’s use of the Site constitutes an agreement with the T&C and Kuching Jazz reserves its right to revise these T&C at any time with or without notice to the User.

    3. The User agrees and acknowledge it is the User’s responsibility to review the T&C periodically for any changes made to the T&C and shall be deemed to have agreed and accepted the changes in any revised T&C after the revised T&C are updated. IF THE USER IS NOT AGREEABLE WITH ALL THESE T&C, THE USER IS EXPRESSLY PROHIBITED FROM THE USE OF THE SITE AND MUST DISCONTINUE THE USE IMMEDIATELY.

  3. ELIGIBILITY

    1. The User agrees that the User shall be over the age of majority (18) to place an Order on the Site. In the event the User is below seventeen (17), the User may place an Order with Kuching Jazz only with the involvement of a parent or guardian.

    2. Ticket holders are responsible to take note of any entry conditions or restrictions imposed on infants in arms, children without tickets or any minimum children admission age. For the avoidance of doubt, all children aged three (3) and above must have a valid Ticket for admission.

  4. PRIVACY POLICY

    1. All Personal Data collected from the User through the Site shall be dealt in compliance to the Personal Data Protection Act 2010 and as follows:

      1. User agrees that Kuching Jazz shall collect, record, hold, store and use the User’s Personal Data where it is necessary for Kuching Jazz. The User’s information shall only be kept for as long as Kuching Jazz is either required to by law or as is relevant for the purposes for which it was collected. The User further agrees and consents to Kuching Jazz to use the information collected for purposes of notification to User in relation to any promotional and marketing information for other Event.

      2. The Site shall not disclose the User’s Personal Data and the User shall remain anonymous.

      3. The User agrees that Kuching Jazz shall require the following Personal Data upon the User’s registration for an Account:-

        1. Name;

        2. Delivery Address;

        3. Email Address;

        4. Date of Birth(Optional);

        5. Gender(Optional); and

      4. Where the User makes a purchase on the Site, the User agrees that Kuching Jazz may collect the following additional Personal Data:-

        1. Telephone Number or Mobile Number.

        2. Transaction data such as details about payments to and from the User, and other details of products and services which the User have purchased from Kuching Jazz.

        3. Technical data, such as internet protocol (IP) address, the User’s login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and site, and other technology on the devices the User uses to access the Platform.

        4. User’s shopping or browsing behaviours, facial image, voice recording. (for customer service calls)

        5. Any other personally identifiable information which the User has provided Kuching Jazz in any forms the User may have submitted to Kuching Jazz, or in the course of any other forms of interaction between the User and Kuching Jazz.

      5. The User represents Kuching Jazz that Personal Data relating to a third party provided by the User by submitting such Personal Data to Kuching Jazz shall have been obtained with the consent of the third party to provide Kuching Jazz with their Personal Data for the respective purposes.

      6. The information provided by the User shall not be shared with any other organisations except for Kuching Jazz’s corporate group and any third parties that are directly related to and necessary for the purchase of products, delivery of the same and other purposes for which the Customer have authorised. In exceptional circumstances where Kuching Jazz shall be allowed to disclose such Personal Data where there are grounds to believe that the disclosure is necessary to prevent a threat to life or health or required by the law.

      7. Kuching Jazz reserves the right to modify and change the Privacy Policy at any time and any changes to this shall be published on the Site.

      8. The User agrees that by (1) clicking “Yes” on Kuching Jazz pop-up or any web form referring to this Privacy Policy on Kuching Jazz Site, (2) submission of the User’s Personal Data upon signing up of the Account, (3) browsing on the Site, or (4) ordering any of products and services on the Site, the User is agreeing to the terms of this T&C.

    2. Purposes of collecting and processing Personal Data

      1. Personal Data that the User provide will be processed byKuching Jazz for the following purposes as applicable:-

        1. to process the User’s application and registration as Kuching Jazz’s User including to assess the User’s suitability for involvement/participation and to communicate with;

        2. for the User to participate and/or enter into the necessary agreement and/or contract in relation to the services available in the Site;

        3. for background checks of the User if Kuching Jazz determine it to be necessary or appropriate;

        4. for Kuching Jazz internal record in the ordinary course of business;

        5. to conduct analysis in connection with the services provided in the Site;

        6. to enable Kuching Jazz to send the User information by e-mail, telecommunication means (telephone calls or text messages) or social media about services provided by Kuching Jazz, Kuching Jazz’s related companies and business partners, authorized third parties which may include but are not limited to the abovementioned purposes which Kuching Jazz think may interest the User and to notify the User about benefits and changes to the features of Kuching Jazz services and Site;

        7. to establish and better manage any relationship between Kuching Jazz have with the User;

        8. to meet any legal or regulatory requirements relating to Kuching Jazz’s initiatives, programmes, and activities and to make disclosure under the requirements of any applicable law, regulation, direction, court order, by-law, guideline, circular, code applicable to us or any of Kuching Jazz’s Affiliates;

        9. for research, benchmarking, and statistical analysis purposes;

        10. for audit, compliance and risk management purposes;

        11. to share the User’s Personal Data with third party vendors for the purposes of including without limitation to conduct credit reference checks and establishment of the User’s credit worthiness; and

        12. other related services such as security management, insurance procurement and Site access management