DELEGATE TERMS AND CONDITIONS
In these Terms & Conditions (the “Terms”) the following expressions shall, unless the context otherwise requires, have the following meanings:
means the aggregate fees charged by the Organiser to the Participant pursuant to the Agreement;
means pass entitling the Participant entry to the Event;
means Investing in African Mining Indaba Conference 2020;
means Hyve Events South Africa PTY Limited and others appointed by them to organise the Event together with their employees, agents, contractors, and subcontractors;
means the company booking the Delegate Passes and the individual(s) attending the Event in their capacity as a delegate to the Event and who are issued a Delegate Pass. References to Participant shall be taken to include “Participants” unless the context otherwise requires;
means the conference centre in which the Event takes place; and
means the proprietor of the Venue together with its employees, contractors, sub-contractors and agents.
1.1 The Event is organised and managed by Hyve Events South Africa (PTY) Limited
(the “Organiser”), a company registered in the Republic of South Africa. Register Company No. 2004/009544/07. Registered address: Ground Floor. Auto Parks House, Corner Cross Road & Park Crescent, Glenhazel 2192, Gauteng, RSA.
1.2 These Terms together with any documentation relating to your registration (together the “Agreement”) form the basis on which the Organiser grants the Participant the right to attend the Event as set out on the Front Sheet
2.1 The Participant shall pay sums due for the Delegate Pass to the Organiser in accordance with the payment terms. Unless otherwise stated all sums are exclusive of any applicable sales tax (including, but not limited to VAT) which if applicable the Participant shall pay to the Organiser at the prevailing rate at the time.
2.2 Participants shall make payments by credit card or bank transfer in pounds sterling (unless otherwise agreed with the Organiser). Payments by any other means, for example, cheque, are not accepted by the Organiser.
2.3 The Organiser shall not be held responsible for any bank charges or transaction fees incurred by Participants in making payments.
2.4 The Organiser reserves the right to refuse entry to the Participant if the Organiser has not received CLEARED funds of all payments due from the Participant before the due dates.
In the event that any sums payable to the Organiser are not received from the Participant in accordance with this Agreement, the Organiser shall be entitled, at its discretion to deem that the Participant has cancelled participation at the Event. In such circumstances, the Organiser shall be entitled to re-allocate the Participants Delegate Pass to another Participant. Participants who fail to make payment in full, including any bank or transaction charges associated with making payment to the Organiser, 14 days prior to the first open day of the Event, shall be deemed by the Organiser to have withdrawn from participation in the Event.
2.5 In the event that a Participant purchasing a Delegate Pass at an “early bird” rate fails to make payment to the Organiser by the due date that rate expires, the Organiser shall reserve the right to charge the Participant the rate applicable at the time that payment is made.
2.6 The Organiser reserves the right to charge interest at the rate of 2.5% per annum over the base rate of Barclays Bank plc on overdue payments.
2.7 The Participant shall not be entitled to withhold any payment, in whole or in part, on the grounds that it has a claim, counter claim or off-set against the Organiser.
3.0 DELEGATE PASS TRANSFER
3.1 Participants acknowledge that all Delegate Passes purchased for the Event are non refundable.
If you do not attend the Event but have already signed up, the payment will continue to be due. The Participant may at the discretion of the Organiser transfer the Delegate Pass and prior to transfer should contact the Event Director by Electronic Mail at the following address firstname.lastname@example.org
. The transfer of the Delegate Pass will not be accepted until confirmation of transfer has been received from the Organiser.
3.3 If the Participant wishes to withdraw its Application for a Delegate Pass then written notice must be forwarded to, and received by, the Organiser by recorded delivery post or Electronic mail
not later than the aforementioned dates. For the avoidance of doubt, all notifications of cancellation should be sent to the Event Director email@example.com
4.0 CANCELLATION OF THE EVENT OR ALTERATION OF CONTENT BY THE ORGANISER
4.1 It may be necessary for the Organiser to alter the advertised content, timing, date, name and/or location of the Event. The Organiser reserves the right to do this at any time prior to the Event. In the event of such alterations the Organiser shall have no liability to the Participant if the Event, as altered, is substantially similar to the Event as originally advertised. In the event that the Organiser cancels the Event or materially alters the advertised content, timing, date and/or location of the Event, the Participant shall be entitled to either:
(i) a refund of any fees already paid; or
(ii) a right to transfer payments it has already made as payment towards the altered event.
The Organiser will provide the Participant with notice of any alterations as soon as is reasonably practicable.
5.0 GENERAL OBLIGATIONS OF THE PARTICIPANT
5.1 It is the responsibility of the Participant to check and ensure that they obtain (at the Participant’s expense), all necessary and appropriate documents for entry in to the country where the Event is to be held. This includes, but is not limited to, valid passport, visa, vaccination certificates, health and personal insurance documents for duration of the Event and for any period thereafter. The Organiser will provide a visa letter upon request by the Participant but only after payment has been received in full for the Delegate Passes. The Organiser, its employees, contractors and agents are unable to provide advice to Participants regarding entry requirements and shall not be held responsible for obtaining documentation on behalf of Participants or for failure by Participants to obtain these.
5.2 The Participant warrants that it will comply with (and shall procure that its employees, contractors and agents shall comply with): (a) all relevant laws and regulations relating to the Participants attendance at the Event; (b) all reasonable instructions and requests issued by the Organiser, its employees, contractors and agents; (c) all reasonable instructions and requests made by the Venue Owner, and (d) any further specific rules which apply to the Venue at which the Event is being held.
5.3 The Participant further agrees that it shall:
5.3.1 not distribute or display any material or product which may be considered by the Organiser to be defamatory or offensive or which infringes or may infringe the intellectual property or the Organiser’s proprietary rights or any third- party proprietary rights;
5.3.2 not transfer or share its Delegate unless agreed in accordance with Clause 3;
5.3.3 provide photographic identification upon request by the Organiser, its employees, contractors or agents. Failure to provide photographic identification when requested may result in the Participant being removed from the Event and Venue;
5.3.4 not operate in any manner that is or may be objectionable to other delegates or sponsors at the Event;
5.3.5 not at any time do or say anything, or be associated with anything, any party or any statement, which is, or which is widely reported as being, or which may be considered by the Organiser to be detrimental or prejudicial to or to adversely affect the name, image, reputation or business of any other participant or the Organiser of the Event or likely to or bring the Organiser into disrepute;
6.0 BUSINESS ETHICS AND ANTI-CORRUPTION
6.1 The Participant warrants that it shall:
- Comply with all applicable laws, statutes and regulations relating to anti-bribery and anti-corruption including but not limited to the Bribery Act 2010;
- Comply with such anti-bribery and anti-corruption policies as are notified to the Participant;
- Report to the Organiser any request or demand for any undue financial or other advantage of any kind received in connection with this Agreement and/or the Event.
7.0 EXCLUSION AND LIMITATION OF LIABILITY
7.1 Subject to clause 7.4 below the Organiser’s aggregate liability to the Participant, whether such liability arises in contract, tort (including negligence) or otherwise for any damages, loss, cost, claims or expenses shall be limited to the repayment of fees paid by the Participant.
- Neither party shall be liable to the other for(i) any loss of profit, loss of damage to data, loss of anticipated savings or any other such loss.
- The Participant agrees to indemnify the Organiser and to hold harmless to the fullest extent permitted by law against any loss or costs arising from any damage the Participant may cause at the Event or for any breaches of this Agreement which result in the Organiser incurring additional cost, expense or liability.
- Nothing in these terms and conditions shall limit or exclude a party’s liability for:
(i) Death or personal injury;
(ii) Fraud or fraudulent misrepresentation
(iii) Any other liability which cannot be limited or excluded by applicable laws.
8.0 INTELLECTUAL PROPERTY RIGHTS
8. 1 The Participant acknowledges that all intellectual property and similar and related rights (including, without limitation, trademarks, copyright, design rights, know-how, confidential information and goodwill) in and relating to the Event and any materials provided by or produced by the Organiser in relation to the Event shall be owned by the Organiser (or the applicable third party licensor) and the Participant undertakes not to use any such rights without the Organiser’s prior written consent.
9.0 FORCE MAJEURE
9.1 Should the Venue become unfit, or unavailable for occupancy, or it becomes impossible or impractical to hold the Event for reasons beyond the control of the Organiser including without limitation, fire, flood, storm, government intervention, malicious damage, acts of war, acts of terrorism, acts of God, strikes, riots, or any other cause, the Organiser reserves the right (but shall not be obliged) to:
- Change the location and /or date of the Event;
- Curtail the Event;
- Reduce the installation period, dismantling period, or opening hours of the Event, or
- Cancel the Event
9.2 In the circumstances described in Clause 9.1 above, the parties agree and acknowledge that the Organiser shall not have any liability to the Participant for refunds, additional expenses or charges, or to make payment for any other loss or damage suffered by the Participant as a consequence.
14,3 If the Event is cancelled, the Participant agrees to accept in complete, full and final settlement a pro-rata share of the total amount paid to all Participants, Exhibitors and Sponsors at the Event, less all costs and expenses incurred by the Organiser in connection with the Event including any reserve setup at the sole discretion of the Organiser for providing for future claim and expenses incurred in connection with the Event.
10.0 DATA PROTECTION
10.1 In performing their obligations under this Agreement, both parties shall comply with all applicable laws, statutes and regulations from time to time in force relating to data protection including but not limited to Applicable Data Protection Legislation.
10.2 The following terms shall have the meaning give to them below:
- “Applicable Data Protection Legislation” means (a) unless and until the GDPR is no longer directly applicable in the UK, the GDPR and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (b) any successor legislation to the GDPR or the Data Protection Act
- “GDPR” means the General Data Protection Regulation (EU) 2016/679;
- “Personal Data” shall be as defined by Applicable Data Protection Legislation and where not defined, it means any information relating to an identified or identifiable person; and
- “Processing” shall be as defined by Applicable Data Protection Legislation and where not defined, means any operation or set of operations which is performed upon Personal Data, whether or not by automatic means.
10.3 To the extent that the Participant collects Personal Data at the Event, the Participant acknowledges that he is responsible, as data controller, for compliance with Applicable Data Protection Legislation in respect of any collection and subsequent Processing of Personal data that the Participant collects, through electronic scanning of Identification badges or otherwise, in the course of the Participant’s attendance at the Event.
This Agreement contains the entire agreement and understanding between the parties and supersedes all prior agreements, understandings or arrangements (both oral and written) relating to the subject matter of this Agreement..
- You acknowledge that 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 this Agreement.
- This Agreement shall not create, nor shall it be construed as creating any partnership or agency relationship between the parties.
- This Agreement and the rights and obligations of both parties shall be governed by, and construed in accordance with, the laws of England and wales.
- No failure or delay by either party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy.