OUR-VENUE.COM’S TERMS AND CONDITIONS OF WEBSITE USE AND SERVICES
By accessing or using https://our-venue.com or any of its related blogs, websites, applications or platforms (collectively, “the Website”), owned by TapX (Pty) Ltd., trading as “Our-Venue.com” (reg: 2015/180855/07)(“OV”) or any of its Services, you agree that you have read, understood and agree to be bound to the terms and conditions contained herein (“Terms”), in conjunction with any additional OV terms particularly applicable to you and the Services you utilise. All rights in and to the content of the Website remain at all times expressly reserved by OV.
Please see OV’s distinct sections on Privacy, Intellectual Property, and Disclaimers & Indemnities.
Please pay specific attention to the BOLD paragraphs of the OV Terms. These paragraphs limit the risk or liability of OV, constitutes an assumption of risk or liability by you, impose an obligation by you to indemnify OV or is an acknowledgement of any fact by you.
- Please read these terms carefully before accessing or using the Website or Services. OV will assume you have read and understood these terms should you continue to access or make use of the Website and/or Services.
- By using the Website and/or Services, you warrant that you have carefully read and understood these OV Terms, and have familiarized yourself with all the information provided to you about our Services and Website and agree to all stated conditions set forth in these Terms.
- You further understand and agree that these Terms also contain a release of liability in OV’s favour, and that you accept these Terms of your own free will. These Terms are binding on your heirs, dependents, legal representatives and assigns.
It is important to note the following
- The terms "user", “you", “user” and “your” are used interchangeably in these Terms and refer to all persons accessing the Website or using the Services for any reason whatsoever. Accordingly, the terms “us”, “our” or “we” refers to OV or its possession.
- Not all terms are necessarily defined in order.
- These terms were last updated on 10 October 2020.
1. INTRODUCTION TO THE WEBSITE AND SERVICES
- OV provides an online platform providing various services, including but not limited to allowing users to learn more about and subscribe for OV’s software-creation and maintenance services for clients wishing to attain their own venue-management application for their venue, as well allowing users to discover more about which venues do already use the OV application (collectively, the “Service/s”).
- These Terms explain the conditions applicable to how users must make use of the Website and the core provisions applicable to a user’s use of any Services derived from OV. Depending on the exact Services used, a user may also need to conclude additional agreements/terms with OV, which agreements/terms will contain more specific details and/or conditions relating to the exact Service acquired, including exact services and fees to be expected (specifically for OV’s Software-creation Services).
- In return for using some of the Services available (specifically the Software-creation Services), the user may have to pay a fee to OV (“Fee”), but same Fee will be detailed to you on the Website or relevant OV’ Service invoice, before you incur such a Fee, or in any further Service-specific agreement you may conclude with OV or another third party. Please visit the Website or contact us for a breakdown of the exact current Fees applicable to your chosen Services.
- The Website and these Terms are subject to change without notice. These Terms are updated or amended from time to time and will be effective upon OV uploading the amended Terms to the Website. Your continued access or use of the Website constitutes your acceptance to be bound by the Terms, as amended. It is therefore your responsibility to read these Terms periodically to ensure you are aware of any changes.
- Unauthorised use of the Website may give rise to a claim for damages and/or be a criminal offence.
2. RELATIONSHIP BETWEEN THE PARTIES
- For all Services provided, OV does not have an employment, intermediary, advisory, agency, representative nor labour broker/recruiter relationship with any user. Your use of the Website, the tools thereon or the Services is entirely at your own risk and based on your own volition and expertise.
3. PROCESSING AND PRIVACY OF PERSONAL INFORMATION
- By entering your personal information on the Website or providing it to us in any way, you warrant that the person using the Website/Services is you and/or you have the legal authority to act on behalf of a corporate entity.
- Do not provide us with any personal information which is not yours, or which you have no lawful right to provide on another entity’s/person’s behalf. Do not provide us with the personal information of a minor in any way. Your failure to adhere to these provisions constitutes your immediate and material breach of these Terms.
4. THE SERVICES
- For further and exact information on the various Services currently offered by OV, or those specific to you, please consult the relevant “Learn More” (https://our-venue.com/Info/LearnMore) or “Venue Home” (https://our-venue.com/Increase-Venue-Bookings) pages on the Website or please contact firstname.lastname@example.org who will gladly assist.
- For general information purposes, and subject to further information relating to these Services made available by OV on the Website or elsewhere, the following details some of the exciting offerings which constitute our Services available to users:
- Learning about, and subscribing for, OV’s Software-creation Services to get your own venue-management application (including support):
- Venue owners/managers can get their own venue-management web application developed by OV, which the user can then customise and have supported by OV for the period they want.
- These Services are obtained on a subscription basis from OV, where the various subscription packages on offer (with varying costs and durations) are displayed and explained on the Website.
- Not only will OV develop an application for the user as subscribed, but the application will also be supported and maintained by OV for the duration of the user’s subscription with OV.
- Users who wish to find out more about this Service, can do so using the explanatory pages on the Website or by emailing email@example.com.
- Users must be aware that before they can subscribe for this Service, they will need to conclude an additional Software-Service Service Level Agreement with OV (either electronically on the Website or otherwise), wherein all details of this Service will be explained and detailed.
- Discover what venues already have their own OV application for their venue’s management:
- The Website lists all venues which already make us of the OV Services and have their own application to manage their own venues.
- If you are looking for a venue to use for your function, this list is excellent to use, as you will know whether your chosen venue uses our Services and has their own application, or not.
- Users agree and understand that any venue website they may visit by virtue of a click-through from the OV Website, is the property and liability of that venue, and not of OV. OV therefor has absolutely no control or liability for those venue’s websites/applications. Please ensure that you read the terms applicable to those third-party applications/websites.
- Signing-up for our newsletter
- Using the relevant prompts on the Website, users can sign-up for our newsletter which contains great information about our available Website content, venues, events and Services, delivered straight to your inbox.
- For more information on how this Service works, please see our Newsletter Sign-Up page.
- Learning about, and subscribing for, OV’s Software-creation Services to get your own venue-management application (including support):
5. PAYMENT PROCEDURE FOR OUR-VENUE SERVICES
- For the use of the Website there is no Fee charged to the user.
- The use of particular Services, and particularly the creation and procurement of a venue application (and the support Services thereto) from OV, does attract a Fee to be paid by the user to OV for the provision of their Services to the user.
- This Fee will include an initial setup Fee and also an on-going subscription Fee, where the user will be provided with the Services for as long as the user is subscribed, and duly paid-up for, that subscription.
- For an exact breakdown of the Fees applicable to the various subscription Services attainable from OV, please see our Website and/or contact us.
Payment of the Fee:
- OV can be paid the Fee by using the following methods, with the following associated conditions:
- By paying using our authorised and secure payment gateway, PayFast (Pty) Ltd. (2007/011558/07) (“PayFast™”).
- When using PayFast™, users understand that it is an offsite third-party payment gateway and you may need to set up a PayFast™ account and will be bound to any applicable PayFast™ terms and conditions.
- By paying via direct electronic fund transfer into the account nominated by OV to you; and/or
- By paying with a monthly debit order.
- By paying using our authorised and secure payment gateway, PayFast (Pty) Ltd. (2007/011558/07) (“PayFast™”).
- All advertised prices for Fees shall be in South African Rands and will be inclusive of Value Added Tax (“VAT”), access charges and any other applicable taxes/fees, unless otherwise stated and required by law. Any such additional charges and VAT which will apply to a particular transaction, will be clearly indicated to you on all OV’s invoices and/or Fee breakdowns.
- Please refer to the Software-Service Service Level Agreement with OV for more information on how the Fee for this Service will be applied and charged.
- You may contact OV via email at firstname.lastname@example.org or to obtain a full record of your transactions with OV.
6. USER RESPONSIBILITIES AND WARRANTIES
- By using the Website and/or the Services, you warrant that:
- you have read and agreed to these Terms and will use the Website and Services in accordance with them;
- all information you provide to the Website and/or OV is true and accurate in every respect;
- you understand and agree that OV is not a regulated financial, advisory, educational, banking nor payments service provider, nor an intermediary for any venue using our Services, and you take all responsibility for the decisions you make via the Website and/or Services;
- you are above the age of 18 (eighteen) years old and have the legal capacity to understand, agree with and be bound with these Terms;
- you lawfully possess and submit all information to the Website and/or OV for the use of it or the Services;
- when using the Services requiring your adherence to certain instructions for the creation of your application, that you will timeously adhere to all same instructions provided by OV to you (specifically with reference to any information/content that OV requests you to provide to them relating to the application it may be developing/supporting for you);
- you will not hold OV liable for any incorrect quotations or any event-specific details generated on the Client’s App by the Client’s customers, or hold OV liable for any further correspondence and planning required in order to turn the initial enquiry into a booking;
- you will not post, upload, replicate or transmit any abusive content on the Website that is or could reasonably be considered to be threatening, harassing, defamatory, abusive, racist, sexist, discriminatory, in breach of confidence, in breach of privacy or restrict any user in any way from properly using the Website;
- you will not send any unsolicited electronic messages or use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Website including but not limited to uploading or making available files containing corrupt data or viruses via whatever means or deface, alter or interfere with the front end ‘look and feel’ of the Website or the underlying software code;
- you will not infringe the intellectual property or other rights of any third party or the Website or transmit content that the user does not own or does not have the right to publish or distribute;
- you will not use the Website platform for any commercial purpose other than as expressly provided for by OV herein;
- you will not use the Website to breach any applicable law or regulation or perform or encourage any illegal activity including (without limitation) promoting or facilitating money laundering or financial crimes; and/or
- you will not facilitate or assist any third party to do any of the above, failing which, your failure will automatically deemed to be a material breach of these Terms, allowing OV to use its full spectrum of rights available to it against the infringing party, including reporting you to the authorities, denying you access to or use of any Service or the Website and/or claiming contractual (including consequential) damages from you.
- The Website is only available on compatible devices connected to the internet. It is your responsibility to obtain these devices and any data network access necessary to utilise the Website. The network’s data and messaging rates and fees may apply if you use the Website and you shall be responsible for such rates and fees.
- Without prejudice to any of OV’s other rights (whether at law or otherwise), OV reserves the right to deny you access to the Website or the Services where OV believes (in its reasonable discretion) that you are in breach of any of these Terms.
- OV does not guarantee that the Website, or any portion thereof, will function on any particular hardware or device.
7. KYC AND AML REQUIREMENTS
- A user’s ability to make use of various parts of the Website or particular Services, may be regulated by applicable know-your-customer (“KYC”) and/or anti-money laundering (“AML”) laws and the respective rules and regulations.
- OV may, at various times and depending on a range of factors in its sole discretion, including the amount of a transaction actioned and/or the exact nature of the user, require that a user submit certain information to OV in order for the user to be verified as not infringing any of OV’s KYC and/or AML requirements and/or local or foreign laws. This information may include identity documents, company documents, passport documents and/or bank account information. OV reserves the right to limit or terminate a user’s access and use of the Services should the user fail to adhere to these requirements to the standard required by OV. OV also reserves the right to share this information with any legal authority when required under applicable laws.
- OV may restrict user transactions that may violate laws or OV’s internal KYC or AML conditions herein and as updated from time to time.
- As a minimum, the following rules are applied:
- If we receive a payment order of less than R50k = no checks.
- If we receive an order for between R50k and R100k = we ask for certified ID copies
- 7.4.3. If we receive an order above R100k = copies of ID and proof of address.
8. RECEIPT AND TRANSMISSION OF DATA MESSAGES
- Data messages, including email messages, sent by you to OV will be considered to be received only when acknowledged or responded to.
- Data messages sent by OV to you will be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.
- OV reserves the right not to respond to any email or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take appropriate action against the sender of such email or data message where necessary.
- Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost or corrupted. OV is therefore not responsible for the accuracy or safety of any message sent by email or automated systems over the internet, whether from OV to a user, between users or from a user to OV.
9. HYPERLINKS, DEEP LINKS, FRAMING
- The Website may include links to other internet sites ("the other sites"). OV does not own or endorse the other sites and is not responsible for the information, material, products or services contained on or accessible through the other sites. Any such hyperlinks do not imply any endorsement, agreement on or support of the content or products of such target sites.
- OV does not purport to own the content on other sites which may be shown on the Website. Should the owner of any content showcased on the Website want the content to be removed, please write to email@example.com to request the removal of such content.
- The user’s access and use of the other sites remain solely at the user’s own risk and on the terms set by the relevant third-party operator of the other sites.
10. ADVERTISING AND SPONSORSHIP
- The Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in the Website complies with all applicable laws and regulations.
- OV, its members, employees, suppliers, partners, affiliates and agents accordingly exclude, to the maximum extent permitted in law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.
11. INTELLECTUAL PROPERTY PROTECTION
- All Website layout, website content, material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, user interface design and layout, trade names, logos, trademarks, designs, copyright and/or service marks (whether registered or un-registered), together with the underlying software code and everything submitted by a user to the Website and OV in use of the Services, (“the intellectual property”) are owned (or co-owned or licenced, as the case may be) by OV, its shareholders, associates and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties.
- For clarity, all rights to any intellectual property provided by a user to the Website will remain with the user, but for which the user has provided OV with a non-exclusive, non-transferable licence to use such user intellectual property as OV deems fit on the Website and/or in advertising, for as long as the user remains registered on the Website.
- Subject to the rights afforded to you in these terms, all other rights to all intellectual property and content on the Website are expressly reserved. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell or transfer any intellectual property, editorial content, multi-media content, graphics or other material on the Website or the underlying software code whether in whole or in part, without the written consent of OV first being granted (through a content use-license or otherwise), which consent may be refused at the discretion of OV. No modification of any intellectual property or editorial content or graphics is permitted. Should you breach these provisions, OV and/or the rightful intellectual property rights owner may launch legal proceedings against you for a breach of contract, resulting in (amongst other things) a claim of damages being brought against you.
- OV reserves the right to make improvements or changes to the intellectual property, information, artwork, graphics and other materials on the Website or to suspend or terminate the Website, at any time without notice; provided that any transactions or functions already concluded through the Website, will not be affected by such suspension or termination (as the case may be).
- Where any of the Website intellectual property has been licensed to OV or belongs to any third party, other than that which has been submitted by a user to the Website in the use of the Services, all rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
- Subject to adherence to the Terms, OV grants to users a personal, non-exclusive, non-assignable and non-transferable license to use and display all content and information contained on the Website on any machine which the user is the primary user. However, nothing contained on the Website or in these Terms should be construed as granting any licence or right to use any intellectual property without the prior written permission of OV.
- Any enquiries regarding any of the above relating to intellectual property must be directed to OV at firstname.lastname@example.org.
- For considerations applicable to the intellectual property rights and ownership for applications designed by OV for users, please consult the relevant Software-Service Service Level Agreement the user will conclude with OV.
12. DISCLAIMERS AND WARRANTIES
- The Website and Services, including any intellectual property appearing therein, are provided "as is" and "as available". OV makes no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness or suitability of either the Website, the Services or the information contained relating to either.
- All information or opinions of users made available on the Website in relation to any of the Services are those of the authors and not OV. While OV makes every reasonable effort to present such information accurately and reliably on the Website, OV does not endorse, approve or certify such information, nor guarantee the accuracy or completeness of such information on the Website.
- OV, its shareholders, employees and partners, accept no liability whatsoever for any loss, whether direct or indirect, consequential or arising from information made available on (or by means of) the Website and/or transactions or actions resulting therefrom or from the Services offered.
- OV, its shareholders, employees, partners and affiliates, accept no liability whatsoever for any costs, expenses, fines or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from the facilitation and offering of the Services and access to, or use of, the Website in any manner.
- OV takes reasonable security measures to ensure the safety and integrity of the Website and to exclude viruses, unlawful monitoring and/or access from the Website. However, OV does not warrant or represent that your access to the Website will be uninterrupted or error-free or that any information, data, content, software or other material accessible through the Website will be free of bugs, viruses, worms, trojan horses or other harmful components. The user’s access to and use of the Website remains solely at the user’s own risk and the user should take their own precautions accordingly.
- The user indemnifies and holds harmless OV, its shareholders, employees, and partners from any demand, action or application or other proceedings, including for attorneys’ fees and related costs such as tracing fees, made by any third party and arising out of or in connection with the user’s use of the Website and/or Services offered or concluded through the Website in any way.
- The user agrees to indemnify, defend and hold OV harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to the user’s breach of these Terms.
- This clause will survive termination of this agreement.
14. COMPANY INFORMATION
|14.1.||Site owner:||TapX (Pty) Ltd.|
|14.2.||Legal status:||For profit, limited liability|
|14.4.||Director:||Jason Robertson Scott|
|14.5.||Description of main business:||Online directory and Software-development services|
|14.6.||Telephone number:||(+27) 62 504 1234|
|14.9.||Physical address:||2 Alkalien Avenue, Zwartkop, Centurion, 0051|
|14.10.||Postal address:||PO Box 231, Jeffreys Bay, Eastern Cape, 6330|
|14.11.||Registered address:||4 Noorsekloof Road, Wavecrest, Jeffreys Bay, Eastern Cape, 6330|
|14.12.||Any applicable association membership:||None|
15. DISPUTE RESOLUTION AND GOVERNING LAW
- The user’s access and/or use of the Website and/or Services, any downloaded material from it and the operation of these Terms (including any transaction/license concluded pursuant thereto) shall be governed by and construed in accordance with the laws of the Republic of South Africa only.
- Should any dispute, disagreement or claim arise between a user and OV concerning use of the Website or the Services, the parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.
- Should the parties fail to resolve such dispute in the aforesaid manner or within such further period as the parties may agree to in their negotiation, the parties will approach an independent industry expert who shall mediate the discussion between them, for the purposes of finding a mutually beneficial solution.
- Notwithstanding the above, both parties consent to the non-exclusive jurisdiction of the High Court of South Africa, Gauteng Division, Pretoria, even in the event where the quantum in the dispute may be less than the monetary jurisdiction of that court. Either party may also always use the dispute resolution services of any applicable legislative tribunal or ombud, as provided for in applicable legislation.
- The parties both agree that in no circumstance will either party publicize the dispute on any social media or other public platform. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim against the infringing party.
16. TERMINATION OF USE OF WEBSITE OR SERVICES
- IN ADDITION TO ITS OTHER RIGHTS HEREIN, OUR-VENUE RESERVES THE RIGHT TO TERMINATE AND CANCEL YOUR USE OF THE WEBSITE, SERVICES AND/OR ANY VENUE APPLICATION SUBSCRIPTION IF YOU BREACH ANY OF THESE TERMS, OR FOR ANY OTHER REASON IN ITS SOLE DISCRETION PROVIDED THAT OUR-VENUE GIVES REASONABLE NOTICE TO YOU.
- You may terminate your use of the Services at any time, subject to any additional conditions related thereto which a user may be subject to by virtue of another agreement concluded between the user and OV. Further, termination by a user will not affect any existing obligation that that user may have accrued at the time of termination, which will not be affected by same termination (such as the payment of a Fee to OV).
17. FORCE MAJEURE
- If OV is prevented from or hindered or delayed in performing any obligation under these Terms by reason of any circumstance beyond its reasonable control (including but not limited to, acts of god, medical pandemics, governmental restraints, strikes, labour disputes (other than strikes or labour disputes by its own staff), war, extreme weather, electrical/internet load-shedding, fire, flood, riot, sabotage and terrorism), it shall be excused performance to the extent affected by the circumstances concerned so long as it shall both give notice to any effected user, if applicable, of those circumstances promptly after they first affected performance and use all reasonable commercial endeavours to remove or avoid their cause or effect.
18. NOTICES AND SERVICE ADDRESS
- Each of the parties chooses their service address for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms as being:
- in the case of OV, at email@example.com; or
- in the case of the user, at the e-mail and addresses provided by the user to OV in their Service confirmation process (whether on the Website or in the Software-Service Service Level Agreement concluded between OV and the user).
- Each of the parties will be entitled from time to time, by written notice to the other to vary its service address to any other address which is not a post office box or poste restante, provided that the change will become effective only 14 (fourteen) days after service of the notice in question.
- Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.
- This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated in clause 1.4 above, no alteration, cancellation, variation of, or addition hereto will be of any force or effect unless reduced to writing and signed by all the parties to these Terms or their duly authorised representatives.
- No indulgence, leniency or extension of time granted by OV shall constitute a waiver of any of OV’ rights under these Terms and, accordingly, OV shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the user which may have arisen in the past or which might arise in the future.
- Words importing the singular will include the plural and vice versa. Words importing one gender will include the other genders, and words importing persons will include partnerships, trusts and bodies corporate, and vice versa.
- The headings to the paragraphs in the Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.
- Should you have any complaints or queries, kindly address an email to OV at firstname.lastname@example.org of same.
- In the event of the user failing to pay any amount timeously or breaching these Terms, the user shall be liable for all legal costs (on the scale as between attorney and user) (including collection commission) which may be incurred by OV in relation to the payment failure or breach.
- Each sentence, paragraph, term, clause and provision of these Terms and any portion thereof shall be considered severable and if, for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.
- No term or condition of these Terms is intended to breach any peremptory provisions of any consumer protection legislation and any regulations thereto ("Prohibited Provision"). Any breach of any such Prohibited Provision shall be governed by the provisions of clause 19.7.