In using this Website you are deemed to have read and agreed to the following terms and conditions. Please read these terms and conditions carefully before using this website. These terms and conditions govern the use of the Website located at the domain name www.Venue123.com (“The Website”). These terms of service (“The Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Website. By accessing and using the Website the User agrees to be bound by the terms and conditions set out in this legal notice. You may not use the services if you do not accept the terms or are unable to be bound by the terms. The Terms become effective when you access the Website for the first time and constitute a binding agreement between Venue123.com (“The Service Provider”) and the User, which will always prevail. If the User does not wish to be bound by these terms and conditions, the User may not access, register, display, use, download and/or otherwise copy or distribute any content obtained from the Website.
CHANGES TO TERMS AND CONDITIONS
The Service Provider reserves the right to amend, change, modify, add to or remove from portions or from the whole of the Terms from time to time, at its own discretion. You are bound to the version of the terms and conditions published here at the time of any visit on the Website or those available on hyperlink. It is the User’s responsibility to check this site for updates on Terms. Your continued use of this site constitutes continued acceptance of Terms.
The following terminology applies to the terms and conditions, privacy statement and disclaimer notice and any or all agreements. User or “You” or “Your” refers to you, as a User of the services. A “User” is someone who accesses or uses the services for the purposes of sharing, displaying, hosting, publishing, transacting or uploading information or views or pictures and includes others persons jointly participating in using the services. The Company, The Service Provider, Ourselves, We and Us, refers to our Company. Party, parties or us refers to both the client and ourselves, or either the client or ourselves. Content will include, but not limited to, images, photos, location of data, nearby places, video and all other forms of information or data. Your content or User content means content that you upload, share or transmit to, through or in connection with the services, such as rights, ratings, reviews, images, photos, messages, profile information and either material that you publicly display or displayed in your account profile. The third party content means content that comes from parties other than The Service Provider or its Users and is available on the services.
SERVICE PROVIDER’S DETAILS
In accordance with the disclosure requirements of the Electronic Communications and Transactions Act 2005 (“ECTA”) The Service Provider makes the following information available to its Users of the Website:-
- The Service Provider is a duly registered and existing under the laws of South Africa, registration number
- VAT registration number:
- Physical address:
- Tel:The Service Provider will accept legal services at
PRIVACY AND SECURITY
The protection of personal data provided by the User is of the highest priority to our Company. As such, our Company makes every effort to ensure compliance for data protection. Despite such undertaking, it is possible for internet based communications to be intercepted. The Service Provider collects, processes or uses your personal data only if we have obtained your consent or statutory provision allows us for the collection, processing or use of your data. The Service Provider will not be responsible for any damages the User or any party may suffer as a result of the transmission of confidential or personal information that the User submits to The Service Provider through the internet, or that the User expressly or implicitly authorises The Service Provider to receive or for any errors or any changes made to any transmitted information. The Service Provider collects, processes or uses such data that are necessary for the performance of the offered services from The Service Provider and/or the use and/or operation of the Website.
By submitting content, you hereby irrevocably grant us a perpetual, irrevocable, worldwide, non-exclusive royalty free sub-licensed bill and transferable license and right to use your content. By use we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisement and all other works, promote, create, derivative works and in the case of third party services allow their Users and others to do the same. You irrevocably waive and cause to be waived any The Service Provider license to your or User content, claims and cessions of model rights or attribution with respect to your content brought against us, in any third party services and/or their Users. The Service Provider will not sell, share or rent your personal information to any third party or use your e-mail address for any solicited mail. Any e-mails sent by this Company will only be in connection with the provisions of agreed services and products.
The Service Provider voluntarily subscribes to section 51 of the ECTA and endeavours to treat Personal Information received by the Service Provider accordingly.
Whenever a User is of the opinion that the Service Provider fails to comply with Section 51 of the ECTA, the User will contact the Service Provider by sending an email to The Service Provider will review the Users’ representations made by email, and if within the Service Provider’s sole and absolute discretion, take corrective action and in any event within 15 (fifteen) days respond to such User, informing him/her about corrective actions taken, if any.
You hereby warrant and represent that you are at least 18 (eighteen) years of age or above and are fully able and competent to understand the agreed terms, conditions, obligations, affirmations, representations and warranties set for in these terms. If you are under the age of 18 (eighteen), you may not respond to or otherwise accept or act upon any offers on the Website. Any unauthorised use terminates this license.
RESTRICTIONS ON USE
Without limiting the generality of these terms, the Service Provider grants to the User, subject to the further terms of these terms and conditions, a non-exclusive, non-transferable, limited and irrevocable rights to access, display, use, download and otherwise copy the current and future content for personal, non-commercial and information purposes only. The User is restricted to use the Website in content only for lawful purposes and warrant that he/she shall not engage in any activity that:-
- violates our guidelines and policies;
- transmits material which is in violation of any law or regulation, which is obscene, threatening, racist, menacing, offensive, defamatory, in breach of any duty of confidence, in breach of any intellectual property rights or otherwise objectable or unlawful;
- constitutes inauthentic or erroneous review or does not address the goods and services, atmosphere or any attributes of the business you are reviewing.
- encourages money laundering or gambling;
- contains material that violates the standards of good taste or the standards of services;
- attempts to impersonate another person or entity;
- disguises or attempts to disguise the origin of your content, including but not limited to by:-
- submitting your content under a false name or false pretences;
- disguising or attempting to disguise the IPO address from which your content is submitted.
- constitutes a form of deceptive advertisement or causes or is a result of, a conflict of interest;
- is not objective or intentionally untrue, immoral, pornographic or in any other way offensive, is a survey or chain letter;
- is aimed at collecting or using personal data from other Users, especially for commercial purposes;
- contains worms or viruses or other computer programs that make damaged software or hardware or that may effect the use of computers;
- hacks or accesses without permission or proprietary or confidential records, those of another User or those of anyone else;
- modifies, copies, scraps or crawls, displays, publishes, licences, sells, rents, leases, lends, transfers or otherwise, commercialize any rights to the services of our content;
- asserts or implies that your content is in any way sponsored or endorsed by us;
- User programs of functions to generate automated page impressions of content on the Website.
- If there is a breach in terms of the conditions, The Service Provider reserves the right to remove the content without declaration of reason, and the right to prosecution of criminal acts remain unaffected.
No warranty, whether express or implied, is given that any files, downloads or application available by the Website is free from viruses. Trojans, bombs, time blocks or any other data or code which has the ability to corrupt or effect the operation of the User’s computer, database, network or other information system.
SERVICES BEING OFFERED BY THE SERVICE PROVIDER
The Service Provider reserves the right to charge a subscription and/or membership fees from a User by giving reasonable prior notice, in respect of any product, service or any other aspect in this Website any time in the future. You hereby agree and acknowledge that if the Service Provider disables your access to your account, you may be prevented from accessing the services, your account details or any file or any other content which is contained in your account. The Service Provider does not guarantee the prices listed or the availability of all the items and any service provider, which may change without notice, unless stated otherwise, all pictures and information contained in the services are believed to be owned by or licensed to the Service Provider.
USE OF SERVICES BY YOU OR USER
TERMINATION, SUSPENSION AND LIMITATION
The Service Provider reserves the right to:-
- modify, suspend or discontinue the Website, whether temporarily or permanently, without notice;
- impose limits or conditions of certain services, features or functions;
- restrict access to parts of all of the services on the Website. Further you agree that we shall not be liable to you or any third party for the discontinuation or termination of your access to the services. You agree to use the site ‘as is’ or ‘as available’, The Service Provider reserves the right to terminate your access and to delete your registration within a period of 30 (thirty) days:-
- after receipt of relevant information via e-mail about improper use of the Website. The User may also terminate their own access and registration within the same period. The right to immediate termination for good cause remains unaffected.
DISCLAIMER AND LIMITATIONS ON LIABILITY
Subject to sections 43(5) and 43(6) of the ECTA and to the extent permitted by law, this Website is provided “as is” without any representation or warranties, express or implied. The Service Provider makes no representations or warranties in relation to this Website or the information and material provided on this Website. Without prejudice to the generality of the aforegoing paragraph:-
The Service Provider does not warrant that the Website will be constantly available at all times, all the information on this Website is complete, true, accurate or non-misleading or that the venues and/or services to which the Service Provider enables you to be introduced or connect will comply with your requirements and/or any contract or arrangement concluded by you with such third parties. Nothing on this Website constitutes or is meant to constitute, advice of any kind or to create a relationship of agency between you and the Service Provider, which shall merely facilitate your contact with third parties. If you require advice in relation to any matter, you should consult with an appropriate professional. Use of the Website is entirely at the User’s own risk. The User assumes full responsibility for any loss or damage resulting from the use of the Website and their reliance on any of the content or a part/parts thereof, contained on the Website.
The Service Provider makes no warranty or representation as to the availability, accuracy, timeliness or completeness of the content or information. The Service Provider will not be liable to you in relation to the contents of or otherwise use or in connection with this Website:-
- for any business losses, loss of revenue, income, profit or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill or loss or corruption of information or data;
- for any indirect, special or consequential loss.
- The Service Provider will not be liable for:-
- any interruption, malfunction, downtime or other failure of the Website or related database system or network for whatever reason;
- any loss or damage in respect of cost to the data or other data, directly or indirectly, caused as a result of any malfunction of the Website or related database system, or network, power failures, unless unlawful access to or theft of data, computer viruses or destructive code on the Website or database, system or network, programming defects or negligent;
- any event in which The Service Provider has no direct control.
You agree to indemnify, defend and hold harmless The Service Provider from and against any third party, claims, damages (actual and consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable liquid fees) suffered or reasonably incurred by us arising as a result of, or in connection with:-
- your content;
- your unauthorised use of the services, products or services included or advertised in the services;
- your access to any use of the services;
- violation of any rights of another party;
- your breach of these terms including but not limited to, any infringement by you of the copyright or intellectual property right of any third party. You agree not to settle any matter in which we are named as Defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceedings upon becoming aware of it.
The headings and clauses in the terms and conditions are provided for convenience and ease of reference only and will not be used to interpret, modify or amplify the terms of the conditions. The entire agreement in wavier, these terms and conditions, constitute the entire agreement between you and The Service Provider in relation to the use of this Website and supersedes all previous agreements in respect of your use of this Website.
If a provision of these terms and conditions are determined by any court or competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful or unenforceable provision would be lawful or enforceable, part of it would be deleted, that part will be deemed to be deleted and the rest of the provision will continue in effect. Carrier rates may apply by accessing the services through a mobile or other device, you may be subject to charges by your internet or mobile service provider, so check with them first if you are not sure, as you will be responsible for any such costs.
PARTNERSHIP OR AGENCY
None of the provisions of these terms shall be deemed to constitute a partnership or agency between you and The Service Provider and you shall have no authority to bind The Service Provider in any form or manner whatsoever. The Service Provider shall be entitled to cede, sign and delegate all and any of its rights and obligations in terms of these terms and conditions. Should The Service Provider prevent it from fulfilling any of its obligations to you as a result of any event or force majeure, then those obligations shall be deemed to have been suspended to the extent that and for as long as The Service Provider is so prevented from fulfilling them and your corresponding obligation shall be so suspended to the corresponding event. In the event that the force majeure continues for more than 14 (fourteen) days after it has first occurred then The Service Provider shall not be entitled (but not obliged) to terminate all of its rights and obligations in terms of or arise out of these terms and conditions by giving notice to the use. In the event of force majeure, shall mean any event of circumstances whatsoever which is not within the reasonable control of including, without limitation, force majeure. Casus fortuitous, any act of God, strike, theft, riots, explosions, insurrection or other similar disorder, war, or military operation, the downtime of any external communication line, power failure, international restrictions, any requirement of any international authority, any requirement of any government or either competent local authority, any court order, export control or shortage of transport facilities.
LAW AND JURISDICTION
These terms and conditions will be governed by and construed in accordance with South African law and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of South Africa.
COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
The Service Provider shall not be liable for any infringement or copyright arising out of materials posted on or transmitted through the site or mobile apps, or items advertised on the site or mobile apps by end Users or any other third party. We respect to the intellectual property rights of other and those that the use of the services to do the same. We may, in appropriate circumstances and at our discretion, remove or disable access to material on and the services that infringe upon the copyrights of others. We also note in our discretion, remove or disable links for references to an online location that contains infringing material or infringing activity. In the event that any Users of the services repudely infringe on others’ copyrights, we may in our sole discretion terminate those individuals’ rights to the use of the services. Nothing contained in the Website should be construed as granting any license or right to use any trademark without the prior written permission The Service Provider. All rights in and to the contents and trademarks be reserved and retained by The Service Provider and the owners, as the case may be.
Except as explicitly stated otherwise, any notices shall be given by email to ……………… (in the case of The Service Provider) or to the e-mail address you have provided to the Service Provider (in your case), or such other address that has been specified in your application to register. Notice shall be deemed to have been given or the date on which an email is sent. Alternatively, the Service Provider may give you notice by registered mail, postage prepaid and return receipt requested, or by hand delivery, to the postal or physical address which you have provided to the Service Provider. In such cases, notice shall be deemed given 7 (seven) days after the date of mailing or on the date of delivery by hand, as the case may be. You acknowledge that all agreements, notices or other communication required to be given in terms of the law or these Terms may be given via electronic means and that such communications shall be “in writing”. Notwithstanding anything to the contrary, a written notice or communication actually received by a party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address(es) for that purpose.