These Terms and Conditions contain specific provisions to limit our liability, allocate risk or liability to you, or constitute acknowledgment of facts by you. Although all the terms and conditions set out herein are important, please pay particular attention to the terms which are highlighted in BOLD CAPS.
The purchase of tickets for entry to the Design Indaba, and participation in the Design Indaba by the holder of a ticket, is subject to the following terms and conditions set out hereunder.
Unless the context indicates otherwise,
“Conference” means the Design Indaba Conference which is held annually at a venue in Cape Town;
“Design Indaba” means an annual event featuring exhibitions, presentations and festivities focused on showcasing global developments related to design and creativity – and includes both the main Conference and one or more Simulcasts;
“Event” means the Conference or a Simulcast;
“Event Content” means all presentations, documentation and materials published or otherwise made available as part of the event (including but not limited to any documentation packs or audio or audio-visual recording of the conference)
“Simulcast” means an event in which the Conference is broadcast live to a venue in Cape Town or another city;
“these Terms and Conditions” means the terms and conditions set our herein;
“you” or “Delegate” means a person purchasing tickets for, or participating in, the Design Indaba;
“venue” means the venue of the Conference or a Simulcast;
“we”, “our” or “the Organisers” are references to the organisers of the Design Indaba, namely Interactive Africa (Pty) Ltd, a company duly registered and incorporated in the Republic of South Africa and having registration number 1995/008544/07.
1. Acceptance of terms and conditions
1.1. By purchasing a ticket, or by participating in the Conference or a Simulcast, you accept, and are bound by, these Terms and Conditions. You also accept these Terms and Conditions on behalf of any other person for whom you purchase a ticket, and undertake to make such other person aware of them.
1.2. The purchase of a ticket to the Conference or a Simulcast may only be made by a person who is 18 years of age or older, but such purchase may be made on behalf of a child provided that the parent or guardian of the child has consented thereto and has agreed to these Terms and Conditions on behalf of the child.
1.3. Purchase of tickets is also subject to the Webtickets terms and conditions, as published from time to time on the Webtickets website, www.webtickets.co.za. If there is any inconsistency between the Webtickets terms and conditions and these Terms and Conditions, the provisions of these Terms and Conditions will prevail.
2. Bookings and purchase of tickets
2.1. Purchase of tickets to the Design Indaba must be done via the online platform of Webtickets, which acts as our agent for the sale of tickets.
2.2. Prices may be subject to change from time to time.
2.3. Payments may be made by Credit Card, Electronic Funds Transfer (EFT) or Cash Deposit. Tickets are issued once confirmation of payment is received.
2.4. In the case that you indicate that payment will be made by EFT –
a. if a booking is made on or before 31 January of a given year, the tickets are provisionally reserved for a period of seven days;
b. if a booking is made on or after 1 February of a given year, the tickets are provisionally reserved for a period of 24 hours.
2.5. If confirmation of EFT payment is not received within the relevant period after a booking is made, as specified in clause 2.4 –
a. we cannot guarantee availability of the tickets, which may be sold to someone else without notifying you; and
b. purchase of the tickets may be subject to price changes.
2.6. A pro forma invoice can be retrieved from your Webtickets profile once a booking has been generated. Once payment has been received, an invoice will be generated on your profile, and tickets will be issued.
2.7. If tickets for an event are still available at the time of an Event, tickets may be purchased at the venue, but a premium fee will be charged for the Conference event (not applicable to Simulcasts) to cover the additional administration costs of on-site registration.
3.1. The following group discounts are available off the full 3-day Conference ticket price:
a. Small Group discounts of 5%, applicable to purchase of 5 to 10 tickets;
b. Medium Group discounts of 10%, applicable to purchase of 11 to 25 tickets;
c. Large Group discounts of 15%, applicable to purchase of 26 tickets or more.
3.2. In order to receive a group discount as contemplated in paragraph 3.1, the purchase of the tickets for the group must take place in a single transaction.
3.3. The following special discounts are available off the full Conference ticket price –
a.Early Bird discounts of 10%, applicable to a limited number of tickets purchased on a first come, first served, basis;
b. Loyalty discounts of 15%, applicable to delegates who have attended two or more full Design Indaba Conferences, subject to verification of names before the event;
c. Academic discounts of 15%, applicable to delegates who are employed by registered educational institutions, subject to proof being provided at event registration; and
d. Student discounts of 15%, applicable to delegates who are registered as students at valid educational institutions, subject to valid proof of registration being provided at event registration.
3.4. One delegate may not benefit from more than one discount.
3.5. In respect of Simulcasts, discounts on the full price are only applicable to delegates who are registered as students at valid educational institutions, subject to valid proof of registration being provided at event registration.
4. Cancellation by, and Substitution of, Delegates
4.1. No refunds are payable in the event that you cancel a ticket.
4.2. If you are unable to attend the conference we welcome substitute delegates attending in your place at no extra cost provided that we have at least 2 weeks prior notice of the name of your proposed substitute and have received payment in full. Please notify us of any substitutions by email at: email@example.com.
5. Sharing of tickets
5.1. Sharing of tickets is not permitted. Each ticket allows admittance of one person only.
5.2. BY PURCHASING A TICKET TO THE CONFERENCE, YOU AGREE TO SUBMIT TO THE USE OF A BIOMETRIC FINGERPRINT SCANNER, WHICH IS USED FOR PURPOSES OF LINKING A TICKET TO AN INDIVIDUAL PERSON.
6. Re-sale of tickets
Tickets may not be resold or offered for resale by anyone. Resale or attempted resale of a ticket will render the ticket void and the holder of any resold ticket may be ejected from or refused entry to the Event.
7. Failure to attend an event
No refunds will be provided on failure by a delegate to attend an event.
8. Programme Alterations, Postponement and Cancellation by Organiser
8.1. Every reasonable effort will be made to adhere to the event programme as advertised, however, we reserve the right to make changes to any event, including the dates, times, speakers, content and the programme. We will make every reasonable effort to ensure any changes are appropriate and relevant.
8.2. Delegates agree to accept such programme changes, which do not entitle you to a refund.
8.3. In the unlikely occurrence that we cancel the Conference or one or more of the Simulcast events, we will refund any payments received from you for tickets. We will not, however, be liable for any other costs or damages incurred by you as a result of this cancellation.
8.4. In the event of breakdowns in broadcast transmission at a Simulcast, refunds are payable to delegates at our sole discretion.
9. Rights in Event Content
9.1. All rights in all Event Content are owned by us or are included with the permission of the owner of the rights. No photography, filming, recording, republication, broadcast or other dissemination of the Event Content is permitted.
9.2. You shall not distribute, reproduce, modify, store, transfer or in any other way use any of the Event Content (save that use by the relevant delegate for internal business purposes shall be permitted), and in particular (but without limitation) you shall not:
a) upload any Event Content into any shared system;
b) include any Event Content in a database;
c) include any Event Content in a website or on any intranet;
d) transmit, re-circulate or otherwise make available any Event Content to anyone else;
e) make any commercial use of the Event Content whatsoever; or
f) use Event Content in any way that might infringe third party rights or that may bring us or any of our affiliates into disrepute.
9.3. The Event Content does not necessarily reflect our views or opinions.
9.4. Suggestions or advice contained in the Event Content should not be relied upon in place of professional or other advice. Whilst we take reasonable care to ensure that the Content created by us is accurate and complete, some of it is supplied by third parties and we are unable to check its accuracy or completeness
9.5. The Event Content is provided on an “as is” basis without any warranties of any kind (express or implied). We hereby exclude to the fullest extent permitted by law all liabilities, costs, claims, damages, losses and/or expenses arising from any inaccuracy or omission in the Event Content or arising from any infringing, defamatory or otherwise unlawful material in the Event Content.
9.6. To the extent that any Content is made available by us online we reserve the right to suspend or remove access to such Content at any time.
10. Photography / filming media at event
PLEASE NOTE THAT CCTV, FILM AND OTHER CAMERAS MAY BE PRESENT AT THE VENUES. BY PURCHASING TICKETS AND ATTENDING THE EVENT, YOU CONSENT TO BEING FILMED, PHOTOGRAPHED, VIDEOTAPED, OR OTHERWISE RECORDED, AND THAT YOUR NAME, VOICE AND LIKELINESS MAY BE BROADCASTED, DISPLAYED OR DISTRIBUTED (FOR COMMERCIAL PURPOSES OR OTHERWISE) WITHOUT ANY COMPENSATION BEING PAID TO YOU.
11.1. The protection of personal privacy is an important concern of ours.
11.2. We will use your personal data to deliver your event services incorporating; administration (pre, post and during the event), communications, invoicing & payment, delegate lists, and post-event feedback.
12. Safety and Security
12.1. The organisers and venue management reserve the right to refuse admission or to eject delegates in circumstances deemed reasonable due to concerns regarding health, safety, security, and may on occasion conduct security searches of persons and their possessions.
12.2. A delegate may be ejected from the venue if, in the reasonable opinion of the organisers or its agents or any contractors appointed by the organisers, or the venue management, she or he poses a risk to the safety of any delegate and/or may affect the enjoyment of other delegates and/or the running of the Event or may cause damage, nuisance or injury. Examples include being (or appearing to be) drunk, under the influence of illegal drugs, abusive, threatening, behaving anti-socially, carrying offensive weapons or illegal substances, declining to be searched or in breach of any of these Terms and Conditions or the terms and conditions of the venue.
12.3. No refunds will be offered to delegates who are refused entry or who are ejected in these circumstances.
13. LIMITATION OF LIABILITY
13.1. SAVE FOR THE CASE OF GROSS NEGLIGENCE OR WILFUL MISCONDUCT BY THE ORGANISER, WE ACCEPT NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ANY LOSS, DAMAGE OR EXPENSE OF ANY KIND THAT YOU MAY SUFFER OR INCUR AT, OR AS A CONSEQUENCE OF, THE DESIGN INDABA.
13.2. YOU AGREE TO INDEMNIFY US, OUR STAFF AND OUR AFFILIATES AND TO HOLD US HARMLESS TO THE FULLEST EXTENT PERMITTED BY LAW, AGAINST ALL LOSS, COSTS, CLAIMS OR EXPENSES OF ANY KIND ARISING FROM ANY ACT OR OMISSION BY YOU DURING OR OTHERWISE IN RELATION TO THE DESIGN INDABA.
14. Force Majeure
14.1. We shall not be liable to you for travel, accommodation or other costs and expenses incurred (included wasted costs and expenses) if we are required to cancel, postpone or relocate an Event as a result of an event outside our control (including, without limitation, to acts of God, floods, lightning, storm, fire, explosion, war, military operations, acts of terrorism or threats of any such acts, any strike action, lock-outs or other industrial action and a pandemic, epidemic or other widespread illness).
14.2. Cancellation, postponement or relocation of an Event due to any cause outside of our reasonable control will not constitute a breach of contract.
Complaints and Disputes
15. We are committed to providing a high standard of customer care. If you are not happy with any element of the service that you have received, please direct all complaints to firstname.lastname@example.org.
16. Your complaint will be dealt with in a reasonable period of time after receipt thereof and where necessary you may be called upon to provide satisfactory evidence.
17. Breach of Terms and Conditions
Any breach of these Terms and Conditions is grounds for seizure or cancellation of the ticket without refund or other compensation or ejection from the Event.
18. General Terms and Conditions
18.1. These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Republic of South Africa in all respects.
18.2. These Terms and Conditions (together with any documents referred to herein or required to be entered into pursuant to these Terms and Conditions) contain the entire agreement and understanding between us and supersede all prior agreements, understandings or arrangements (both oral and written) relating to the subject matter of these Terms and Conditions and any such document.
18.3. No alteration, variation, cancellation or, and/or addition to, these Terms and Conditions will be of any force unless we agree to it in writing.
18.4. No indulgence, extension of time, relaxation and/or latitude of whatsoever nature which we may show, grant and/or allow to a delegate shall constitute a waiver of our rights and/or remedies or act as an estoppel against us in respect of any of its rights and/or remedies.
18.5. If any provision of these terms and conditions is found to be invalid or unenforceable by a court, the invalid or unenforceable provision shall be severed or amended in such a manner as to render the rest of the provisions and remainder of the terms and conditions valid and enforceable.
18.6. You accept that communication with us may be electronic. We may contact you by e-mail or provide you with information by posting notices on our website. You agree to this electronic means of communication and you acknowledge that all such communications that we provide to you electronically comply with any legal or contractual requirement that such communication be made in writing.
18.7. Each party consents in terms of section 45 of the Magistrates’ Courts Act, 1944, to the jurisdiction of the district magistrate’s court in respect of any proceedings pursuant to these Terms and Conditions.