TERMS OF USE

1. INTRODUCTION

1.1 The Investing in African Mining Indaba (the “Event”) is organised and managed by Hyve Events S.A Limited, a company registered in England and Wales with its registered office at 2 Kingdom Street, London, England, W2 6JG, and company number 11894611 (the “Seller”).

1.2 In consideration of the Seller accepting your Registration (as defined in Clause 3.1) and upon payment of the applicable fees, the Seller grants the Customer the right to attend the Event.

1.3 These terms and conditions, any click-through terms provided during an online signup process, and any documentation related to your registration—along with the rules and regulations of the owner or operator of the venue hosting the Event (the “Venue”)—collectively form the agreement between the Seller and the Customer concerning the Event (the “Agreement”).

1.4 For the purposes of this Agreement:

1.  “Delegate Pass” refers to a pass granting entry to the Event.

2. “Customer” refers to the individual or company booking the Delegate Passes and the individual(s) attending the Event as delegates who are issued a Delegate Pass.

3. “Data Protection Legislation” refers to all applicable data protection laws and regulations, as amended, extended, or re-enacted from time to time, including but not limited to:

   1. The UK GDPR (as defined in the Data Protection Act 2018) and the Data Protection Act 2018;

   2. EC Directive 2002/58/EC on Privacy and Electronic Communications;

   3. EC Regulation 2016/679 (the “GDPR”), concerning the protection of natural persons with regard to the processing of personal data and the free movement of such data;

   4. The Swiss Federal Act on Data Protection 1992, to be replaced by the Swiss Federal Act on Data Protection 2020 (when in force) (“Swiss FADP”);

   5. All local laws or regulations implementing or supplementing the EU legislation mentioned in (ii) and (iv) above; and

   6. All codes of practice and guidance issued by national regulators concerning the laws, regulations, and EU legislation mentioned in (i)–(v) above.

4. References to “we,” “us,” and “our” denote the Seller, while references to “you” and “your” denote the Customer.

5. Defined terms carry the meanings assigned to them within these terms and conditions.

6. Words in the singular include the plural, and vice versa.

2. GENERAL

2.1 By submitting your Registration (as defined in clause 3.1), you agree to the terms of this Agreement, which will bind you.

2.2 If you are completing the registration on behalf of another individual, you confirm that you have: (a) made them aware of the Agreement, and (b) have the authority to enter into the Agreement on their behalf.

2.3 If you fail to comply with the Agreement, both we and the Venue may restrict your access to the Event and/or remove you from the Venue, as well as exercise any other rights or remedies available as a result of your non-compliance.

2.4 The version of the Agreement in force on the day you purchase the Delegate Pass shall apply to you. However, we reserve the right to update the terms on our website from time to time without notice. Therefore, you should review the latest terms each time you register for an event.

3. REGISTERING FOR THE EVENT

3.1 Please follow the onscreen prompts to register for the Event (“Registration”). You may only register using the method set out on our website.

3.2 After submitting your Registration, you will receive an email from us acknowledging that we have received it. This does not mean we have accepted your Registration. We shall confirm our acceptance of your Registration by email. If we cannot accept your Registration, we will notify you by email.

3.3 We shall issue you a Delegate Pass which grants you entry to the Event once we have confirmed your Registration and received payment of the Fees.

3.4 By registering for the Event, you warrant that you are 18 years of age or older and have the legal authority to enter into this Agreement.

3.5 You must provide a photograph of all Delegates attending the Event (for use on passes) at least seven (7) days prior to the start date of the Event.

4. PAYMENT

4.1 All payment(s) are due upon registration.

4.2 You must pay all amounts due to us under this Agreement in full without any set-off, counterclaim, deduction, or withholding (other than any deduction or withholding of tax as required by law). All sums due under this Agreement are exclusive of any applicable sales tax (including but not limited to VAT), which shall be paid by you at the rate in force from time to time.

4.3 You shall make payment by credit card or bank transfer in pounds sterling.

4.4 The Delegate Pass only entitles you to admittance to the Event. All other costs you may incur in association with your attendance at the Event are your responsibility, including, without limitation, any bank charges or transaction fees incurred in making payments, hotel bookings, or travel costs.

4.5 If payment is not received by us when due, we shall be entitled, at our discretion, to: (a) refuse you entry to the Event; or (b) deem that you have canceled your participation in the Event.

4.6 If you have purchased a Delegate Pass at an early bird rate but fail to make payment by the due date, the rate will expire. We reserve the right to charge you the rate applicable at the time payment is made.

4.7 We reserve the right to charge interest at a rate of 2.5% per annum over the base rate of Barclays Bank plc on overdue payments.

4.8 There are no special rates for daily attendance or any other form of part attendance. Even if you attend one day or only part of the Event, you will need to buy a pass for the whole Event. If you register using a special rate that is not applicable to you, you hereby give us the right to charge your card for the difference upon us notifying you that we do not agree with your selection of a special rate.

5. REFUNDS AND DELEGATE PASS TRANSFER

5.1 You acknowledge that all Delegate Passes are non-refundable. If you do not attend the Event but have already signed up, the payment will continue to be due.

5.2 You may request to transfer your Delegate Pass to another individual within your organization, which we may approve in our sole discretion (acting reasonably).

5.3 The transfer of the Delegate Pass is not valid until confirmation of the transfer has been provided by us.

5.4 Swapping badges and any other personal credentials at the Event is prohibited. Delegates who engage in swapping credentials will have their badges confiscated, be removed from the Venue, and be banned from attending future editions of the Event.

6. ALTERATION OR CANCELLATION BY US

6.1 It may be necessary or desirable for us to alter the Event, including the advertised content, timing, date, and/or location. We reserve the right to make such alterations at any time prior to the Event. In the event of such alterations, we shall have no liability to you, provided the Event, as altered, is substantially similar to the Event as originally sold. We will provide you with notice of any alterations as soon as reasonably practicable.

6.2 We reserve the right to cancel the Event at any time and will provide you with notice as soon as reasonably practicable. Cancellation of one Event under this clause shall not affect any other Event.

6.3 If the alterations are such that the Event, as altered, is not substantially similar to the Event as originally sold, or if the Event is canceled (other than due to force majeure under clause 9), you shall be entitled to either:
(a) a refund of any fees already paid; or

6.4 a credit (for the value of any fees already paid) to be used for the Event as altered or any future event held by us of your choice. If the Event is canceled and we do not plan to hold the same or substantially similar event in the future, you may request a refund (calculated in good faith by us) of the amount reflecting the total sums paid, minus the value of any rights, goods, and/or services provided to you before the date of cancellation. Any such refund shall be paid by us as soon as reasonably practicable following receipt of your request.

7. GENERAL OBLIGATIONS OF THE CUSTOMER

7.1 It is your responsibility to check and ensure you obtain all necessary and appropriate documents for entry into the country where the Event is being held. This includes, but is not limited to, a valid passport, visa, vaccination certificates, health and personal insurance documents for the duration of the Event and any period thereafter. Upon request, we will provide a confirmation letter that you are attending the Event but only after payment has been received in full. We are unable to provide advice regarding entry requirements and shall not be held responsible for obtaining documentation on your behalf or for failure to obtain these.

7.2 You warrant that you will comply with: (i) all reasonable instructions and directions issued by or on behalf of us in connection with your participation at the Event; and (ii) any instructions or directions given in relation to the use of the Venue at which the Event is being held (including any rules set out in any Venue manual). We shall not be responsible for any failure or delay where such failure or delay occurs due to your failure or delay in complying with our reasonable instructions or directions. If you breach the warranties given under this clause, we shall be entitled to terminate the Agreement.

7.3 You shall not distribute any materials, products, pamphlets, or any other advertising at the Event.

7.4 You agree to provide photographic identification upon request. Failure to provide photographic identification when requested may result in you being removed from the Event.

7.5 You shall not at any time engage in conduct or be associated with any party or statement that is detrimental or prejudicial to the name, image, or reputation of our business or any other participant at the Event.

7.6 While at the Venue, you will not (and will ensure that a Participant does not) engage in any conduct that, in our or the Venue's view: (i) creates a dangerous situation; (ii) puts at risk an individual’s personal security; (iii) is against public order; or (iv) is offensive, defamatory, or derogatory in any way.

7.7 If you breach clause 7.6 or any other Venue regulations, we may terminate this Agreement.

8. COMPLIANCE

8.1 We expect our customers to uphold the highest ethical and compliance standards within their organizations. We must both comply with all applicable laws, statutes, and regulations, including, but not limited to, those relating to financial sanctions, anti-bribery, anti-corruption, anti-tax evasion, and modern slavery (“Relevant Requirements”). You confirm that you are knowledgeable about these Relevant Requirements and will comply with them.

8.2 We each confirm that we have not made, offered, authorized, or accepted, and will not make, offer, authorize, or accept, any payment, gift, promise, or other advantage, whether directly or through any other person, to or for the use or benefit of any government official or any other person where such actions would violate the Relevant Requirements.

8.3 You warrant that neither you, nor any of your organization’s shareholders or directors, are specifically targeted by financial sanctions according to the United Kingdom, European Union, or United States sanctions lists.

8.4 We take antitrust/competition law compliance seriously. You undertake to comply with all applicable competition and antitrust laws and should not disclose or discuss competitively sensitive information (including business strategy, pricing, customer or supplier details, and commercial preferences).

8.5 You will notify us immediately if you become aware of any matter that is prohibited by this clause.

8.6 Any breach by you of this clause shall entitle us to terminate this Agreement.

9. LIMITATION OF LIABILITY

9.1 Subject to clause 9.4, our total liability to you, whether in contract, tort (including negligence), or otherwise, arising out of or in connection with this Agreement shall be limited to the total fee paid under this Agreement.

9.2 Subject to clause 9.3, we shall not be liable to you for: (i) any loss of business, contract, revenue, profit, anticipated savings, or interest, or any loss of or damage to data, reputation, or goodwill; or (ii) any indirect, special, exemplary, or consequential damages, losses, costs, claims, or expenses of any kind, even if we have been advised of the possibility of such damages or losses arising.

9.3 Nothing in this Agreement shall limit or exclude a party's liability for: (i) death or personal injury caused by its negligence, or the negligence of its employees, agents, or subcontractors; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability which cannot be limited or excluded by applicable law.

9.4 You agree to indemnify us and to hold us harmless to the fullest extent permitted by law against any loss or costs arising from any damage you may cause at the Venue or for any breaches of this Agreement that result in us incurring additional costs, expenses, or liabilities.

10. INTELLECTUAL PROPERTY RIGHTS

10.1 You acknowledge that all intellectual property and related rights (including, without limitation, trademarks, copyright, design rights, know-how, confidential information, and goodwill) in and relating to the Event Marks, the Event, and any materials provided by or produced by us in relation to the Event shall be owned by us (or the applicable third-party licensor). You undertake not to use any such materials without our prior written consent.

11. FORCE MAJEURE

11.1 We shall not be deemed to be in breach of this Agreement or otherwise liable to you for any failure or delay in performing our obligations under this Agreement as a result of an event or series of connected events outside of our reasonable control and/or the reasonable control of our sub-contractors and/or suppliers (including, without limitation, strikes or other industrial disputes, failure of a utility service or transport network, act of God, war, riot, civil commotion, terrorism, explosion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, earthquake, epidemic, pandemic, royal demise, royal succession, or national mourning) (a "Force Majeure Event").

11.2 We will use reasonable commercial endeavors to minimize the effect of any Force Majeure Event on the performance of our obligations under this Agreement and to explore alternative methods (which may include, for example, a change of date or substitution of alternative benefits) to meet our obligations under this Agreement despite the Force Majeure Event.

11.3 Should it not be possible or advisable, despite our endeavors under clause 11.2, for us to fulfill our obligations under this Agreement as a result of a Force Majeure Event, we shall have the right to cancel all or a portion of the Event. This Agreement shall terminate with immediate effect upon written notification from us. Following such termination: (i) you shall waive any claim for property or other damage or compensation; and (ii) there shall be no further liability on the part of either party to the other (except for rights that have accrued up to the date of the Force Majeure Event).

12. DATA PROTECTION

12.1 We may process personal data of your representatives, such as their contact information (e.g., name, business telephone number, job title, and business email address), to meet our obligations under this Agreement and for managing our general relationship. For further information, please refer to our privacy notice accessible here: Hyve Privacy Notice. Your representatives' names and business information may also be shared with other Event attendees.

12.2 Where you receive any personal data in connection with the Product(s) through electronic scanning of participant badges, as printed in any meeting programs provided by us, or otherwise, you will process such data: (i) as a separate and independent controller; and (ii) in compliance with the requirements of the Data Protection Legislation in relation to your collection and subsequent processing of such personal data.

12.3 Without prejudice to your obligations in clause 12.2, you shall, in respect of your processing of the personal data:

1. Only process the personal data for the relevant purposes notified to the data subjects in our privacy notice linked above, specifically for the purpose of better planning your sponsorship to enhance the attendee experience, and, where applicable, to select invitees for private briefings, meetings, or dinners, and not for any other purposes;

2. Promptly provide necessary and reasonable assistance and cooperation to us and any supervisory authority in connection with our compliance with our obligations under the Data Protection Legislation;

3. Ensure that any opt-outs from data subjects regarding such processing are respected;

4. Process the personal data in a manner that ensures appropriate security, in accordance with Article 32 of the GDPR; and

5. Without undue delay (and in any event within 24 hours), notify us and provide any cooperation, assistance, and information as we may reasonably require if you become aware of any personal data breach or data subject complaint related to the personal data.

13. SECURITY INSPECTIONS

13.1 We and/or the Venue may conduct security searches to ensure safety at the Event.

13.2 If you refuse a security search or fail to comply with the rules and security notices published at the Venue, you will be required to leave the Venue immediately or be denied access to the Venue, without any refund.

14. GENERAL

14.1 This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements, understandings, or arrangements (whether oral or written) related to the subject matter of this Agreement.

14.2 If you are signing this Agreement on behalf of another individual, you confirm that you have (i) made them aware of this Agreement and (ii) have the authority to enter into this Agreement on their behalf.

14.3 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 made negligently or innocently) by any person, except as expressly set out in this Agreement. Except for the representations and warranties expressly stated in these terms and conditions, we disclaim all other representations and warranties, whether express or implied, to the maximum extent permitted by law.

14.4 This Agreement does not create, nor shall it be interpreted as creating, any partnership or agency relationship between the parties.

14.5 No failure or delay by either party in exercising any right or remedy under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or limit the further exercise of that or any other right or remedy. The single or partial exercise of any right or remedy shall not prevent the further exercise of that or any other right or remedy.

14.6 No variation of this Agreement shall be effective unless it is in writing, specifically references this Agreement, and is signed by both parties.

14.7 No other person shall have any rights under this Agreement. No third party has the right to enforce any of its terms, and the parties do not require the agreement of any other person to amend the contract.

14.8 We may transfer this Agreement to another party. You are not permitted to assign or transfer any of your rights or obligations under this Agreement.

14.9 If any part of this Agreement is found to be illegal by a court, the remaining sections shall continue in full force and effect. Each paragraph of this Agreement operates independently, so if any part is deemed unlawful by a court or relevant authority, the rest of the Agreement will remain unaffected.

14.10 If we need to contact you, we will do so by telephone or in writing to the email address or postal address you provide during registration. The term "writing" includes emails and electronic messages sent through platforms used for the Event.

14.11 If you have any questions or complaints, you should first contact us and provide a full description of the issue. We will strive to respond to your complaint as soon as possible, and within 30 working days.

14.12 This Agreement and any disputes or claims (including non-contractual disputes or claims) arising from or related to it, or its formation, shall be governed by and construed in accordance with the laws of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim related to this Agreement.