TERMS OF USE
(Version effective as of 01 March 2009)
Welcome to Baba Indaba online sales, a web site currently located at http://www.babaindaba.co.za is the website of the Baba Indaba baby exhibitions. The website contains information for visitors to the exhibitions and exhbitors at each exhibition. It is possible to purchase entry tickets and some products via this site. Exhibitors may use the site to pay their exhibition and service fees using the site.
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Important Notice |
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Should you have any questions regarding this site's terms of use, please send an e-mail to us at info@babaindaba.co.za or contact us on +27 (0)21 689 3262.
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Table Of Contents Part A: General Information and Terms Part C: Payment for exhibition space and/or services |
Part A: General Information and Terms
1 General Information
For your convenience, we have listed below some general information about ourselves:
2
Definitions
In these Terms of Use:
2.1. Content means any information, data, text, software, music, sound, photographs, graphics, video, messages, and tags contained on this web site;
2.2. ECT Act means the Electronic and Communications Act 25 of 2005;
2.3. Privacy Policy means our privacy policy, which is set out here http://www.babaindaba.co.za/items/privacy.htm;
2.4. Terms of Use means the terms and conditions set out herein;
2.5. We, us and our means Three City Events (Pty) Ltd (and, unless the context indicates otherwise, its owners, employees, suppliers, internet service providers, agents and affiliates);
2.6. You mean the User of this website;
2.7. The singular includes the plural and vice versa; and
2.8. Hyperlinks, which are not operational, will not in any way detract from the validity and interpretation of the Terms;
3 General Conditions of Use for this Web Site
3.1. You agree to use this site in accordance with these terms of use, and all laws, regulations and codes of conduct (including self regulatory) applicable to you and your use of the Internet and the services provided to you on this site. In particular, you agree to use this site only for lawful purposes and in a manner which does not infringe the rights of, or restrict or inhibit the use of or enjoyment of this site by any third party. Furthermore you agree not to use the site in a manner that would bring us, our business and/or any of our affiliates into disrepute.
3.2. You acknowledge that content submitted to this web site by other users do not represent our views and that we have not authorized nor endorsed such content. You agree not to post or transfer to our web site (nor include in any message sent to our web site) any material that is unlawful or violates any third party’s rights or which is obscene, misleading, inaccurate, defamatory, illegal, in breach of any copyright or other intellectual property right, or damaging to data, software or the performance of our or any other parties’ computer system. You agree to indemnify us in respect of any liabilities, losses, expenses, or other costs whatsoever incurred as a result of a breach of your obligation hereunder, including, but not limited to, any claims made against us by any third party.
3.3. We reserve the right, in our sole and absolute discretion, without notice to remove any material you have submitted to our web site and/or to suspend and/or terminate your subscription, access and/or use of any or all of the services and/or this site at any time without notice, and we will probably do so if you act in breach of these terms.
3.4. You acknowledge that the ownership in any intellectual property rights (including without limitation, copyright and patent rights) in this site belongs to us, including any comments, ideas, feedback, suggestions or orders submitted by you. . You hereby agree to transfer, cede and assign to us all your rights in all such materials you submit to us upon our request and to take all steps reasonably required and execute any documents to give effect to such transfer. Accordingly, any part of this site (including its source HTML code) may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilizing this site, meaning that you may only display it on your computer screen and print it out on your printer for the sole purpose of viewing its content.
3.5. You may only use the trademarks featured in our site for the purpose of displaying this site on your computer screen or printing out this site on your printer in accordance with condition 3(2) above. Any other use of the trademarks without prior written consent is strictly prohibited.
3.6. We, our subsidiaries, officers and employees do not make any warranties, representations or undertakings, express or implied, about the content of this site or the services provided on it or about the content of any other website which may be referred to or accessed by hypertext link from this site, and we do not endorse or approve the content of such third party websites. In particular, we do not make any representations as to the accuracy, suitability, availability, timeliness, security, completeness or reliability of information contained on this site and shall not be bound in any manner whatsoever by the information contained on this web site, including errors and omissions. Furthermore, we do not represent that this site is free of viruses or bugs or anything else, which may have a harmful effect on any technology or that the site is compatible with all computer systems and browsers. Any material and/or information downloaded or otherwise obtained through the use of this web site is thus done at the user's sole discretion and risk and the user is solely responsible for any damage to its computer system or loss of data that results from the download of any such material.
3.7. We are committed to protecting your privacy. We will collate the information which you give to us to provide you with services and personalize your use and visits of this site. We may also use such information to inform you, the user, about changes in the services we offer and/or about features we think you would find of interest. By giving us this information, you consent to our use of it for these purposes and for the purposes outlined in our Privacy Policy, including for the purpose of processing your booking requests and instructions. For further information regarding our treatment of your personal information, you are referred to our Privacy Policy http://www.babaindaba.co.za/items/privacy.htm
3.8. Due to the nature of electronic transmission of data over the internet any liability we, our subsidiaries, officers and employees may have for any losses or claims arising from an inability to access this site or use a service on this site, or to place an order or arising from any use of this site or reliance of the data transmitted using this web site, is excluded to the fullest extent permissible by law, even if we, our subsidiaries, officers or employees were negligent or aware of the problem in advance. In no event will we, our subsidiaries, officers and employees be liable for any loss of profit, revenues, goodwill, opportunity, business, anticipated saving and/or other direct or indirect or consequential loss of any kind in contract, delict (including negligence and gross negligence) or otherwise arising out of use of this site, including from the placement and performance of orders, save where such liability cannot be excluded by applicable law. Finally, we, our subsidiaries, officers and employees accept no liability for any service or product advertised, supplied or otherwise promoted on this site by any third party. Our display of such services or products should not be construed as any form of endorsement thereof.
3.9. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including attorneys' fees on a party and own client scale, made by any third party due to or arising out of your breach of these terms or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
3.10. We also reserve the right, without notice and in our sole and absolute discretion, to make changes to any parts of the site inclusive of changes to these terms of use including those relating to our ordering service. It is your sole responsibility to review our terms of use on each occasion prior to making use of this site and our ordering service. If you continue to use this site after our amended terms of use has been posted on the web site, it will constitute a deemed acceptance of such amended terms of use. We specifically reserve the right at any time to change or discontinue without notice, any aspect and/or feature of this web site.
3.11. You may be required to choose a user name and a password when registering with us. You are responsible for keeping your user name and password secret. You may be required to enter your username and password every time you want to use one of our subscription services. You indemnify us from and hold us harmless against any loss or damage suffered or liability incurred arising from your failure to keep your account details (such as user names, passwords and access codes) secure or from you permitting anyone else to use your account with us. You accept that you will be personally liable for all transactions concluded on your account.
Part B: Ticket Purchasing Terms
1 General
1.1. Each ticket that you purchase from us is intended to be a revocable license to attend the particular event to which the ticket pertains only and will not enable you to attend any other event.
1.2. Each ticket that you purchase from us is subject to these Terms of Use as well as any additional terms and rules applicable to the particular event (“the Ticket Terms”). Such Ticket Terms may be referred to or set out on the relevant ticket or may be made available elsewhere on this web site.
1.3. In the unlikely event that any exhibition to which you have purchased tickets is cancelled by the organisers you will be eligible for a full refund on the purchase price paid for the ticket.
2 Ordering Process
2.1. Once submitted, your booking request will constitute an offer on the terms and conditions contained in these Terms of Use and the Ticket Terms that is open for acceptance by us to conclude a binding agreement with you. It is your responsibility to review such Ticket Terms before making a booking. Following receipt of your booking request, we will send you a confirmation notice confirming acceptance or rejection of your booking request containing the relevant booking number.
2.2. A legally binding contract will be formed between us upon the earlier of (i) our sending of such a confirmation notice confirming our acceptance of your booking, or (ii) our delivery of the tickets ordered in accordance with these terms. We reserve the right not to accept or process your booking request and we will notify you if this is the case.
2.3. Please note that while we will try to send to you a confirmation notice for every valid booking request we receive from you, we cannot guarantee that such confirmation notice will be received by you, nor that, if they are received by you, that they will be legible and uncorrupted. Your failure to receive such confirmation notice will not affect the validity of the agreement concluded between us in respect of a booking.
2.4. If you do not receive a confirmation notice after submitting your payment information, or if you experience an error message or service interruption after submitting your payment information, you should confirm with our Customer Care Centre whether or not your order has been received and processed. Only you may be aware of any problems that may have occurred during the booking process. We will not be liable for any losses you may incur if you assume that a booking was not processed because you failed to receive our confirmation notice.
2.5. The information you have submitted with your booking request will be processed as you have provided it. If you realise that an error has been made or that you need to make a change to such information, you should contact us immediately.
2.6. When submitting a booking request you warrant and represent that you are authorised to make payment in the stipulated manner.
2.7. These Terms of Use shall override any contrary terms or conditions incorporated by you in your order and any such conflicting terms or conditions will not form part of any agreement concluded between us in respect of the goods and/or services ordered.
4
Payment
You will be required to provide the necessary payment details (such as credit card details) and to authorize payment of the amounts payable for the tickets ordered when submitting your booking request. Such authorization will allow us to obtain payment at any time after our confirmation of your booking. Should we be unable to duly effect such payment for any reason your booking may be cancelled and your tickets may be resold to another customer without further notice.
5 Ticket Collection and Delivery
The email confirmation of your ticket purchase with its unique booking code constitutes a valid entry to the exhibition to which you purchased tickets. You will be required to present your credit card or reasonably acceptable photo identification (ID book or driver’s license) and any booking number that we may have issued to you. We will not be obliged to admit entry to the exhibition to anyone failing to provide us with such details.
6 Ticket Resale
Reselling of tickets purchased from us is not permitted. Any resale of tickets purchased from us (or attempt) will entitle us to cancel such tickets and to resell them to our other customers. No ticket purchased from us may be used for advertising, promotion or competition purposes unless formal written authorization has been obtained from us, provided that even if such consent is obtained, you may not use our trademarks save as expressly authorised by us.
7 Lost, Destroyed Tickets
Risk for loss of the emailed tickets shall pass to you upon your receipt thereof. Tickets that have been lost, or destroyed will not be refunded or replaced for any reason.
8 Cancelled and Rescheduled Events
8.1. It is possible that an event may be cancelled or rescheduled. In such case, we will offer a refund or exchange of tickets for which you may be required to follow certain procedures specified. Should this occur, we will usually provide a notice on this web site or contact you to inform you of the relevant refund or exchange procedures for that event. You may also contact our Customer Care Centre for instructions.
8.2. No refunds, exchanges, or cancellations of any tickets purchased are possible, except with the consent and on the terms of the Event Organiser. In order to receive a refund or an exchange that may be offered, you will have to comply with the Event Organiser’s instructions and deadlines.
8.3. When we issue you a refund for a ticket, we will issue a refund of the ticket's face value paid (or, if a discounted ticket, then instead the discounted ticket price paid). No other fees or charges will be refunded. If a refund is issued, it will be issued using the same method of payment that was used to purchase the tickets. If a credit card was used to make the refunded purchase, then only that actual credit card will receive the credit for the refund. We will not be liable for travel or any other expenses that you or anyone else incurs in connection with a cancelled or postponed event.
9 Security
We will endeavour to ensure that sensitive payment information (such as your credit card details) provided to us are suitably protected. For such purposes we will implement reasonable security measures including cryptographic techniques to protect such information. However, we do not guarantee the absolute security of any information you transmit to us or that is transmitted to you and disclaim any liability arising in connection with any unauthorised disclosure of such information.
10 Warranties and Liability
10.1. Unless the contrary is stipulated in writing, all tickets are provided without warranty of any kind. Without limiting the aforesaid, we do not give any warranties or make any representations regarding the occurrence, timing, suitability, quality or performance of any event to which your ticket(s) may relate, or in respect of the venue. We also disclaim any warranty as to the effectiveness of the security measures implemented by us in respect of this web site.
10.2. By purchasing a ticket from us, you agree to these Terms of Use on behalf of yourself and any person accompanying you. You assume all risks incidental to the event for which a ticket is issued, whether before, during or after play or performance. You agree that we will not be liable for any loss or damage you or anyone accompanying you may incur in the course of attending an event for which you purchased tickets from us and that you will indemnify us against any claims arising in connection therewith.
10.3. In no event will our aggregate liability for all claims in connection with any transaction exceed the total amount of fees received from you pursuant to such transaction, irrespective of the cause of action (whether in contract, statute or delict, including for gross negligence), save to the extent that such liability cannot be excluded by law.
11 Termination
Without prejudice to any other rights or remedies in law, we may cancel any one or more of your tickets forthwith if you breach any of your obligations hereunder and we may refuse to accept any further bookings from you.
Part C: Payment for exhibition space and/or services
Part D: Complaints and General