Terms of Use
Effective date: 1 March 2026
1. About Gigster
Gigster is an online marketplace operated by Gigster (Pty) Ltd (“Gigster”, “we”, “us”, or “our”) that connects clients seeking live entertainment with professional vendors (performers, speakers, technical suppliers, and content creators). We provide booking infrastructure, escrow-style payment protection, and contract management for live events across South Africa and, in future phases, across Africa.
By accessing or using the Gigster platform at gigster.co.za (the “Platform”), you agree to be bound by these Terms of Use (“Terms”). If you do not agree, do not use the Platform.
2. Eligibility
You must be at least 18 years of age to use this Platform. By using Gigster, you represent and warrant that you are 18 or older and have full legal capacity to enter into binding contracts. Gigster reserves the right to terminate accounts where this requirement is not met.
3. User Accounts and Roles
The Platform operates four account types:
- Client — A person or entity booking entertainment for an event.
- Vendor — A performer, supplier, or creator offering services through the Platform.
- Manager — An agent managing one or more vendor profiles on their behalf.
- Admin — Gigster staff with full platform access.
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately at legal@gigster.co.za of any unauthorised use.
4. Vendor Applications
Vendors must apply to join the Platform and are subject to Gigster's approval at our sole discretion. We reserve the right to reject or terminate any vendor application without cause. Approved vendors may be suspended or removed at any time for breach of these Terms, fraudulent conduct, or any reason we consider harmful to clients or the Platform.
By submitting an application, you confirm that all information provided is accurate and complete. Submitting false information is grounds for immediate removal and may be reported to relevant authorities.
5. The Booking Flow
Bookings on Gigster follow a structured process:
- Client submits an enquiry to a vendor.
- Vendor builds and sends a formal quote covering all costs, technical requirements, and cancellation terms.
- Client accepts the quote — this creates a binding booking.
- Client pays the deposit (typically 50%) through the Platform.
- The event takes place.
- Client pays the balance. After a 48-hour dispute window, funds are released to the vendor.
All financial terms are locked at quote acceptance. Neither party may unilaterally alter a confirmed booking's financial terms.
6. Platform Commission
Gigster earns a commission on each booking. Our commission model is dual-sided:
- Vendor commission — a percentage deducted from the vendor's fee.
- Client commission — a percentage added on top of the vendor's fee.
Current commission rates are shown at quote creation and are locked into the confirmed quote. Rates may change for future bookings but will never be applied retrospectively to accepted quotes.
VAT will be added to Gigster's commission once Gigster is registered for VAT. Vendor VAT obligations remain their own responsibility.
7. Payments and Escrow
All payments are processed through the Platform via our payment partner, Flutterwave. Gigster acts as an intermediary holding client funds pending completion of the booking. This arrangement is designed to protect both clients (who get a refund if a vendor cancels) and vendors (who have contractual protection for their fee).
Gigster does not guarantee payment to vendors where a client disputes the service. Disputed funds are held pending Gigster's mediation. Gigster's decision in a dispute is final.
Payouts are processed by Gigster admin and are subject to vendor risk tier rules (new vendors have a hold period to protect against last-minute cancellations after payment).
8. Cancellations
Each booking's cancellation terms are set by the vendor in their quote and agreed to by the client at acceptance. Gigster enforces these terms as written. In summary:
- If the client cancels, the vendor's kill fee (as specified in the quote) applies.
- If the vendor cancels, the client receives a full refund of all amounts paid.
- Gigster's commission on a cancelled booking may be retained as an administration fee, as disclosed at booking.
9. Disputes
A dispute may be raised by a client within 48 hours of the event's scheduled end time. Grounds for dispute include vendor no-show, significant late arrival, or material failure to deliver the agreed service. Gigster mediates all disputes. Our decision is final and binding on both parties. Raising a dispute freezes the vendor's balance payout until the dispute is resolved.
10. Off-Platform Bookings
Using contact information shared through the Platform to conduct bookings outside of Gigster is a breach of these Terms. Off-platform bookings have no deposit protection, no contract enforcement, and no dispute resolution. Both parties agree not to solicit or accept off-platform arrangements for any act or client introduced through Gigster for a period of 24 months from first contact.
11. Prohibited Conduct
Users may not:
- Provide false, misleading, or fraudulent information.
- Use the Platform to engage in any unlawful activity.
- Attempt to circumvent Platform fees or payment systems.
- Harass, threaten, or abuse other users.
- Scrape, copy, or reproduce Platform content without written permission.
- Use automated tools (bots, scripts) to submit applications or interact with the Platform.
- Share contact details in profile bios or messages with the intent to conduct off-platform business.
12. Intellectual Property
All content on the Platform — including but not limited to the Gigster name, logo, design, software, and text — is the property of Gigster (Pty) Ltd and is protected under South African copyright and intellectual property law. Vendors grant Gigster a non-exclusive licence to display their profile content (photos, bio, name) on the Platform for the purpose of facilitating bookings.
13. Limitation of Liability
To the maximum extent permitted by law, Gigster's total liability to you for any claim arising from the use of the Platform is limited to the greater of (a) the amount of the booking in question or (b) R1,000. Gigster is not liable for any indirect, consequential, or incidental losses, including loss of profit, data, or business opportunity.
Gigster is a marketplace platform. We are not responsible for the quality, safety, legality, or any other aspect of the services provided by vendors. Clients engage vendors at their own risk, subject to the protections offered by the Platform.
14. Indemnity
You agree to indemnify and hold harmless Gigster (Pty) Ltd, its directors, employees, and agents from any claims, losses, damages, or expenses (including legal fees) arising from your use of the Platform, your breach of these Terms, or your violation of any third party's rights.
15. Privacy and POPIA Compliance
Gigster collects and processes personal information in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA). Your personal information is used to facilitate bookings, process payments, and communicate with you about your account. See our full Privacy Policy for details on what we collect, why, and your rights as a data subject.
16. Governing Law and Jurisdiction
These Terms are governed by the laws of the Republic of South Africa. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of the Western Cape, South Africa.
For consumer disputes, you may also approach the Consumer Goods and Services Ombud (CGSO) or the National Consumer Tribunal (NCT) under the Consumer Protection Act 68 of 2008.
17. Amendments
We may update these Terms at any time. If changes are material, we will notify registered users by email at least 14 days before the changes take effect. Continued use of the Platform after the effective date constitutes acceptance of the updated Terms. You may terminate your account if you do not accept the revised Terms.
18. Severability
If any provision of these Terms is found to be unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed, without affecting the validity of the remaining provisions.
19. Contact
For legal enquiries or complaints, contact us at:
Gigster (Pty) LtdCape Town, Western Cape, South Africa
legal@gigster.co.za