TERMS & CONDITIONS

GENERAL TERMS & CONDITIONS

WEBSITE TERMS OF USE 
The Mining Indaba website is comprised of various web pages operated by ITE. The website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Mining Indaba website powered by ITE constitutes your agreement to all such terms, conditions, and notices. 

MODIFICATION OF THESE TERMS OF USE
ITE reserves the right to change the terms, conditions, and notices under which the Mining Indaba website is offered, including but not limited to the charges associated with the use of the Mining Indaba website. 

LINKS TO THIRD PARTY SITES 
The Mining Indaba website may contain links to other Websites ("Linked Sites"). The Linked Sites are not under the control of ITE and ITE is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ITE is not responsible for webcasting or any other form of transmission received from any Linked Site. The Mining Indaba website is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Mining Indaba / ITE of the site or any association with its operators. 

NO UNLAWFUL OR PROHIBITED USE 
As a condition of your use of the Mining Indaba website, you warrant to Mining Indaba / ITE that you will not use the this website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Mining Indaba website in any manner which could damage, disable, overburden, or impair it or interfere with any other party's use and enjoyment of the website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Mining Indaba website. 

MATERIALS PROVIDED TO ITE OR POSTED AT ANY ITE WEBSITE
Mining Indaba / ITE do not claim ownership of the materials you provide to the Mining Indaba website (including feedback and suggestions) or post, upload, input or submit to any ITE Website or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting ITE, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. 

No compensation will be paid with respect to the use of your Submission, as provided herein. ITE is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at ITE's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. 

LIABILITY DISCLAIMER 
The information, software, products, and services included in or available through the Mining Indaba website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. ITE and/or its suppliers may make improvements and/or changes in the Mining Indaba website at any time. Advice received via the Mining Indaba website should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation. 

ITE and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Mining Indaba website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. ITE and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement. 

To the maximum extent permitted by applicable law, in no event shall ITE and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Mining Indaba website, with the delay or inability to use the website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Mining Indaba website, or otherwise arising out of the use of the Mining Indaba website, whether based on contract, tort, negligence, strict liability or otherwise, even if ITE or any of its suppliers has been advised of the possibility of damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Mining Indaba website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Mining Indaba website. 

Service contact : digital@ite-exhibitions.com 

TERMINATION/ACCESS RESTRICTION 
ITE reserves the right, in its sole discretion, to terminate your access to the Mining Indaba website and the related services or any portion thereof at any time, without notice. 

GENERAL 
To the maximum extent permitted by law, this agreement is governed by English law and you hereby consent to the exclusive jurisdiction and venue of courts in England & Wales in all disputes arising out of or relating to the use of the Mining Indaba website. 

ITE’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ITE's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Mining Indaba website or information provided to or gathered by ITE with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. 

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ITE with respect to the Mining Indaba website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ITE with respect to the ITE Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English. 

ADDITIONAL DISCLAIMER RELATING TO INVESTOR RELATIONS INFORMATION 
Reports are prepared solely to provide additional information to shareholders as a body to assess the Company’s strategies and the potential for those strategies to succeed. Reports should not be relied on by any other party or for any other purpose. 

Reports may include forward-looking statements made by the directors in good faith based on the information available up to the time of approving their publication. These statements should be treated with caution due to the inherent uncertainties, including both economic and business risk factors, underlying such forward-looking information. 

COPYRIGHT AND TRADEMARK NOTICES: 
Copyright law protects all materials available in the websites published by ITE Group plc and its subsidiaries. 

Copyright © ITE Group plc, 2018 and/or its suppliers. All rights reserved. 

No part of the materials available in any of the ITE Group’s websites may be copied, photocopied, reproduced, translated or reduced to any electronic medium or machine-readable form, in whole or in part, without the prior written consent of ITE Group plc. Any other reproduction in any form without the permission of the ITE Group is prohibited. Distribution for commercial purposes is prohibited. Written requests for reprint or other permission should be mailed or emailed to: 

Head of Digital 
The Studios 
2 Kingdom Street
Paddington 
London 
W2 6JG 

digital@ite-exhibitions.com 

Please do not use the above email address with any queries other than those relating to copyright. If you have any questions not relating to copyright please email enquiries@ite-exhibitions.com. 

Copyright © ITE Group plc, 2018 and/or its suppliers. All rights reserved. 
 

DELEGATE TERMS AND CONDITIONS


DEFINITIONS
In these Terms & Conditions (the “Terms”) the following expressions shall, unless the context otherwise requires, have the following meanings:
 
CHARGES means the aggregate fees charged by the Organiser to the Participant pursuant to the Agreement;
DELEGATE PASS means pass entitling the Participant entry to the Event;
EVENT means Investing in African Mining Indaba Conference 2020;
ORGANISER means ITE Events South Africa PTY Limited and others appointed by them to organise the Event together with their employees, agents, contractors, and subcontractors;
PARTICIPANT 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;
VENUE means the conference centre in which the Event takes place; and
VENUE OWNER means the proprietor of the Venue together with its employees, contractors, sub-contractors and agents.
 
 
1.0          INTRODUCTION
1.1       The Event is organised and managed by ITE 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
 
2.0          PAYMENT
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 info@miningindaba.com. 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 info@miningindaba.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:
 
  1. Comply with all applicable laws, statutes and regulations relating to anti-bribery and anti-corruption including but not limited to the Bribery Act 2010;
  2. Comply with such anti-bribery and anti-corruption policies as are notified to the Participant;
  3. 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. 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.
  1. 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.
  2. 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.
  3. 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.             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.
 
8.2          The Organizer may take photographs at the Event and may pass Participant details to sponsors and exhibitors or other Participants for networking purposes at the Event. The Organiser’s privacy policy explaining the Organiser’s use of the Participant’s data for this purpose is set out in the privacy policy but in any event the data will be used in accordance with this Agreement and Data Protection Legislation
 
 
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:
  1. Change the location and /or date of the Event;
  2. Curtail the Event;
  3. Reduce the installation period, dismantling period, or opening hours of the Event, or
  4. 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:
  1. “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
  2. “GDPR” means the General Data Protection Regulation (EU) 2016/679;
  3. “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
  4. “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.
 
11.0        GENERAL                                                                                                                                                                                                   
 11.1       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..
  1. 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.
  2. This Agreement shall not create, nor shall it be construed as creating any partnership or agency relationship between the parties.
  3. 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.
  4. 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.