Terms & Conditions

1. INTRO­DUC­TION

1.1 The event is organ­ised and man­aged by Evenir Pty Ltd, a com­pa­ny reg­is­tered in South Africa with reg­is­tra­tion num­ber 2013/090521/07 PO Box 16589 Vlaeberg, Cape Town 8018.

1.2 Ref­er­ences to “us” means Evenir Pty Ltd and ref­er­ences to “we” and “our” shall be con­strued accord­ing­ly. Ref­er­ence to “you” means the enti­ty com­plet­ing a book­ing request and ref­er­ences to “your” shall be con­strued accordingly.

1.3 All appli­ca­tions to reg­is­ter for the event, and all orders to pur­chase the rel­e­vant doc­u­men­ta­tion pack are made sub­ject to these terms and con­di­tions (which shall apply to the exclu­sion of any terms you attempt to be incor­po­rate into our agree­ment with you).

1.4 You acknowledge and accept that we have the right to publicly announce our business rela­tion­ship with you which shall include but not be lim­it­ed to announce­ments on social media. Such announce­ments shall not be dis­parag­ing or oth­er­wise adverse to your business.

2. BOOK­INGS

2.1 All appli­ca­tions to reg­is­ter for the event are sub­ject to avail­abil­i­ty and full pay­ment being received by us.

2.2 Del­e­gate pass­es issued for the event are valid for the named attendee only and, sub­ject to clause 4.2 below, can­not be trans­ferred to any oth­er per­son.

3. PRICES AND PAYMENT

3.1 Prices may be sub­ject to change from time to time. Changes are shown on the registration form.

3.2 If you apply to reg­is­ter for the event less than two (2) weeks before the date of the event we will only accept pay­ment by a cred­it card unless we express­ly agree oth­er­wise in writ­ing. If for any rea­son we have not received pay­ment in full pri­or to the date of the event you (or the attend­ing del­e­gate) will be asked as a con­di­tion of being per­mit­ted to attend the event to pro­vide pay­ment by cred­it card on the day of the event. We reserve the right to can­cel your book­ing at any time and refuse entry if full pay­ment has not been received.

3.3 You acknowl­edge and accept that if pay­ment is not made in accor­dance with this Clause 3, inter­est on the over­due bal­ances (includ­ing any peri­od after the date of any judg­ment or decree against the Cus­tomer), and late pay­ment fees, fall due and payable and are cal­cu­lat­ed upon the basis set out in the Late Pay­ment of Com­mer­cial Debts (Inter­est) Act 1998 (as amended).

4. CHANGES TO THE EVENT AND CANCELLATIONS

4.1 It may be nec­es­sary for rea­sons beyond our rea­son­able con­trol to alter the adver­tised con­tent, tim­ing and/ or loca­tion of the event or the adver­tised speak­ers. We reserve the right to do this at any time. Where we alter the date and/ or loca­tion of the event, we will pro­vide you with notice of the same and will offer you the choice of either: (a) cred­it for a future event of your choice (up to the val­ue of sums paid by you in respect of the event) to be used with­in 12 months of the alter­ation notice; or (b) the oppor­tu­ni­ty to attend the event as varied.

4.2 If a del­e­gate is unable to attend the event we wel­come a sub­sti­tute del­e­gate attend­ing at no extra cost pro­vid­ed that we have at least two (2) days’ pri­or notice of the name of your pro­posed sub­sti­tute and pay­ment has been received in full. Please noti­fy us of any sub­sti­tu­tions by email at info@uxsouthafrica.com.

4.3 We ask that you noti­fy us if a del­e­gate can­not attend the event. If you would like to make a can­cel­la­tion in respect of a book­ing, no refunds will be giv­en except in accor­dance with this clause

You may can­cel a book­ing only by send­ing an email to info@uxsouthafrica.com clear­ly iden­ti­fy­ing the event, the num­ber of del­e­gates and the del­e­gate names the can­cel­la­tion is in respect of. If we receive a valid can­cel­la­tion email:

4.3.1 more than two (2) months pri­or to the planned date of the event, a 50% refund will be issued;

4.3.2 between two (2) months and one (1) month pri­or to the planned date of the event, a 25% refund will be issued; and

4.3.3 less than one (1) month pri­or to the planned date of the event, no refund will be given.

4.4 Any refund due under clause 4.3 shall be paid with­in 28 days of receipt of the can­cel­la­tion notice.

4.5 We shall not be liable to you for trav­el, accom­mo­da­tion or oth­er costs and expens­es incurred (includ­ed wast­ed costs and expens­es) if we are required to can­cel or relo­cate the event as a result of an event out­side our rea­son­able con­trol (includ­ing, with­out lim­i­ta­tion, to acts of God, floods, light­ning, storm, fire, explo­sion, war, mil­i­tary oper­a­tions, acts or threats of ter­ror­ism, strike action, lock-outs or oth­er indus­tri­al action or a pan­dem­ic, epi­dem­ic or oth­er wide­spread illness).

4.6 You have no right to can­cel a book­ing except in accor­dance with this clause 4.

5. CON­TENT

5.1 All rights in all pre­sen­ta­tions, doc­u­men­ta­tion and mate­ri­als pub­lished or oth­er­wise made avail­able as part of the event (includ­ing but not lim­it­ed to any doc­u­men­ta­tion packs or audio or audio-visu­al record­ing of the event) (“Con­tent”) are owned by us or are includ­ed with the per­mis­sion of the own­er of the rights. No (i) pho­tog­ra­phy, film­ing or record­ing; or (ii) repub­li­ca­tion, broad­cast or oth­er dis­sem­i­na­tion of the Con­tent is per­mit­ted. You shall not dis­trib­ute, repro­duce, mod­i­fy, store, trans­fer or in any oth­er way use any of the Con­tent (save that use by the rel­e­vant del­e­gate for inter­nal busi­ness pur­pos­es shall be per­mit­ted), and in par­tic­u­lar (but with­out lim­i­ta­tion) you shall not (and shall pro­cure that each of your del­e­gates shall not):

5.1.1 upload any Con­tent into any shared system;

5.1.2 include any Con­tent in a database;

5.1.3 include any Con­tent in a web­site or on any intranet;

5.1.4 trans­mit, re-cir­cu­late or oth­er­wise make avail­able any Con­tent to any­one else;

5.1.5 make any com­mer­cial use of the Con­tent what­so­ev­er; or

5.1.6 use Con­tent in any way that might infringe third par­ty rights or that may bring us or any of our affil­i­ates into disrepute.

5.2 The Con­tent does not nec­es­sar­i­ly reflect our views or opinions.

5.3 Sug­ges­tions or advice con­tained in the Con­tent should not be relied upon in place of pro­fes­sion­al or oth­er advice. Whilst we take rea­son­able care to ensure that the Con­tent cre­at­ed by us is accu­rate and com­plete, some of it is sup­plied by third par­ties and we are unable to check its accu­ra­cy or com­plete­ness. You should ver­i­fy the accu­ra­cy of any infor­ma­tion (whether sup­plied by us or third par­ties) before rely­ing on it. The Con­tent is pro­vid­ed on an “as is” basis with­out any war­ranties of any kind (express or implied). We here­by exclude to the fullest extent per­mit­ted by law all lia­bil­i­ties, costs, claims, dam­ages, loss­es and/ or expens­es aris­ing from any inac­cu­ra­cy or omis­sion in the Con­tent or aris­ing from any infring­ing, defam­a­to­ry or oth­er­wise unlaw­ful mate­r­i­al in the Content.

5.4 To the extent that any Con­tent is made avail­able by us online or in any oth­er way oth­er than phys­i­cal hard copy form we reserve the right to sus­pend or remove access to such Con­tent at any time.

6. LIA­BIL­I­TY

6.1 Sub­ject to Clause 6.4, our aggre­gate lia­bil­i­ty to you, whether such lia­bil­i­ty aris­es in con­tract, tort (includ­ing neg­li­gence) or oth­er­wise, for any dam­ages, loss, costs, claims or expens­es of any kind how­so­ev­er aris­ing, out of in con­nec­tion with any book­ing (or request­ed book­ing) made by you or oth­er­wise in rela­tion to a event, shall be lim­it­ed to the price paid by you in respect of your book­ing to attend the event.

6.2 Sub­ject to Clause 6.4, we shall not be liable to you for: (i) any loss of prof­it, loss of or dam­age to data, loss of antic­i­pat­ed sav­ings or inter­est, loss of or dam­age to rep­u­ta­tion or good­will; or (ii) any indi­rect, spe­cial or con­se­quen­tial dam­ages, loss, costs, claims or expens­es of any kind.

6.3 You agree to indem­ni­fy us, our staff and our affil­i­ates and to hold us harm­less to the fullest extent per­mit­ted by law, against all loss, costs, claims or expens­es of any kind aris­ing from any act or omis­sion by you (includ­ing your del­e­gates) dur­ing or oth­er­wise in rela­tion to an event.

6.4 Noth­ing in this these Terms and Con­di­tions shall lim­it or exclude a party’s lia­bil­i­ty for:

6.4.1 death or per­son­al injury caused by its neg­li­gence, or the neg­li­gence of its employ­ees, agents or subcontractors;

6.4.2 fraud or fraud­u­lent mis­rep­re­sen­ta­tion; or

6.4.3 any oth­er lia­bil­i­ty which can­not be lim­it­ed or exclud­ed by applic­a­ble law.

7. GEN­ER­AL

7.1 These terms and con­di­tions (togeth­er with any doc­u­ments referred to here­in or required to be entered into pur­suant to these terms and con­di­tions) con­tain the entire agree­ment and under­stand­ing between us and super­sede all pri­or agree­ments, under­stand­ings or arrange­ments (both oral and writ­ten) relat­ing to the sub­ject mat­ter of these terms and con­di­tions and any such document.

7.2 You acknowl­edge that in reg­is­ter­ing a del­e­gate place you have not relied on, and shall have no rem­e­dy in respect of, any state­ment, rep­re­sen­ta­tion, war­ran­ty, under­stand­ing, promise or assur­ance (whether neg­li­gent­ly or inno­cent­ly made) of any per­son oth­er than as express­ly set out in these terms and conditions.

7.3 Evenir Pty Ltd is part of an enlarged group which pledges to trade legal­ly and respect all laws includ­ing the trade sanc­tions imposed by EU and US Gov­ern­ments. We oper­ate a group sanc­tions pol­i­cy which means that we can­not allow atten­dees at our events or awards to be based, resid­ing or con­nect­ed with a coun­try or organ­i­sa­tion sub­ject to EU and/ or US Gov­ern­ment sanc­tions and we reserve the right to refuse book­ings from or entry to any such per­sons or organisations.

7.4 These terms and con­di­tions shall not cre­ate, nor shall they be con­strued as cre­at­ing, any part­ner­ship or agency rela­tion­ship between us.

7.5 You accept that com­mu­ni­ca­tion with us may be elec­tron­ic. We may con­tact you by e-mail or pro­vide you with infor­ma­tion by post­ing notices on our web­site. You agree to this elec­tron­ic means of com­mu­ni­ca­tion and you acknowl­edge that all such com­mu­ni­ca­tions that we pro­vide to you elec­tron­i­cal­ly com­ply with any legal or con­trac­tu­al require­ment that such com­mu­ni­ca­tion be made in writing.

7.6 Save as set out in Clause 4.2 you are not per­mit­ted to re-sell, trans­fer, assign or oth­er­wise dis­pose of any of your rights or oblig­a­tions aris­ing under these terms and conditions.

7.7 These terms and con­di­tions and the rights and oblig­a­tions of both par­ties shall be gov­erned by, and con­strued in accor­dance with, the laws of the Republic of South Africa and both par­ties irrev­o­ca­bly agree to sub­mit to the exclu­sive juris­dic­tion of the courts of the Republic of South Africa in respect of any dis­pute which aris­es hereunder.

7.8 A con­tract formed under these terms shall ter­mi­nate at the lat­er of (a) the end of the event (as rea­son­ably deter­mined by us) or (b) on com­ple­tion of all your oblig­a­tions under the contract.

8. CON­SUMER RIGHTS

8.1 If you are book­ing to attend an event and are a con­sumer with­in the def­i­n­i­tion in the Con­sumer Rights Act 2015 or under oth­er applic­a­ble con­sumer pro­tec­tion laws, noth­ing in these terms shall exclude or lim­it any con­sumer rights that can­not be exclud­ed or lim­it­ed by law.

9. DATA PRO­TEC­TION AND PRI­VA­CY POLICY

9.1 We are the Data Con­troller for the pur­pos­es of the Data Pro­tec­tion Act 2018 and the Gen­er­al Data Pro­tec­tion Reg­u­la­tion (Reg­u­la­tion (EU) 2016⁄679)) (“GDPR”).

9.2 By mak­ing a book­ing and pro­vid­ing any del­e­gate per­son­al data (as defined in the GDPR) to us, you war­rant that: (i) you have a law­ful basis for pro­cess­ing the per­son­al data, includ­ing (where applic­a­ble) ful­ly-informed con­sent (as defined in the GDPR) and notices in place to enable law­ful trans­fer of the data to us; (ii) you have brought our pri­va­cy pol­i­cy to the atten­tion of each del­e­gate you are book­ing to attend an event; and (iii) agree to ful­ly indem­ni­fy us for any and all loss suf­fered in con­nec­tion with a breach of your oblig­a­tions under this clause 9.2.

9.3 If mak­ing a book­ing to attend the event your­self, you acknowl­edge that we may process your per­son­al data in accor­dance with our pri­va­cy policy.