Ace Marketing Pty (LTD) T/A Virtual Event SA (the “Service”) uses HUBILO SOFTWARE to provide a range of services to event organisers including the event website, event app, event registration and ticketing, event analytics, event networking, etc.
PLEASE READ THE FOLLOWING CAREFULLY BEFORE DOWNLOADING, INSTALLING AND/OR USING THE SERVICE.
You may also find a copy on: https://hubilo.com/terms-service/
By using the service, you expressly acknowledge and agree that you are entering into a legal agreement with Virtual Event SA Pty.(Ltd). (“Virtual Event SA”, “we”, “us” or “our”), and have understood and agree to comply with, and be legally bound by, the terms and conditions of this Terms of Service (“Agreement”). You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by this agreement please do not register and/or use the service.
- We reserve the right to change, modify, alter, and expand any of the following terms and conditions as required in its sole discretion without any prior notice. Any such changes, modification, alteration, addition or expansion so made to these Terms shall be effective immediately upon posting of the revisions on the sites and the app and by accessing these services; you waive any right you may have to receive specific notice of such changes or modifications.
Your continued use of the services following the implementation of changes, alterations, modifications, addition and expansion will confirm that you are accepting of any such changes or modifications. Therefore, it’s advised that you frequently review, understand and accept the following Terms and conditions and applicable policies from time-to-time. If you do not agree to the amended terms, you must stop using our services.
If you have any question regarding the use of our services, please place your queries and questions or comments clarifications, you can write to use at email@example.com
You guarantee that you are of legal age and otherwise eligible to enter into this agreement in your jurisdiction and, if you are entering into this agreement on behalf of an entity, that you have apt authorisation to enter into this agreement on behalf of such an entity.
Subject to the terms and conditions of this agreement, we hereby grant you a personal, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable License (“License”) to (i) use the service in connection with events you are a part of; (ii) utilise the service on a mobile phone, tablet, computer or device (each, a “Device”) that you own or control; and (iii) access and use the service on that device according to this Agreement and any applicable Usage Rules as specified below.
You agree not to, and shall not permit any third party to:
- Redistribute, sell, lease, lend, license or rent the service.
- Disassemble, reverse engineer, decompile, or decrypt the service.
- Copy (except for backup purposes), edit, improve or create derivative works of the service or any part thereof
- Disassemble, disable or otherwise interfere with security-related features of the service or features that prevent or restrict use or copying of any content or that enforce limitations on use of the service
- Remove, modify or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or provided on or via the service
- Utilise any communications systems provided by the service to send unauthorised and / or unsolicited commercial communications
- Make of any of Virtual Event SA original content including name, logo, banners or trademarks without our prior written consent; and / or
- Use the service to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible or inappropriate purpose, or in any manner that breaches this agreement.
5.Regulations of Use:
If you are using the service from a third party mobile device platform or Service provider (“Distributor”), please be aware that the Distributor may have established usage rules which also govern your use of the service (“Usage Rules”). We specifically refer to the Usage Rules of certain Distributors below in the section below entitled ‘Distributor Requirements and Usage Rules’, but other Usage Rules may be applicable depending on where the service has been used from.
You acknowledge that, prior to using the service, you have had the opportunity to review and understand, and will comply with, its Usage Rules. The Usage Rules that are applicable to your use of the service are incorporated into this agreement by this reference. You represent that you are not prohibited by any applicable Usage Rules and/or applicable law from using the service; if you are unable to make such a representation you are prohibited from installing and/or using the service. You agree that any right to refund under the Usage Rules shall not apply to fees you pay for the events you sign up for using the service.
6.Third-Party Sources and Content:
The service enables you to view, access, link to, and use content from Third Party Sources (as defined below) that are not owned or controlled by us (“Third Party Content”). The service may also enable you to communicate and interact with Third-Party Sources. “Third Party Source(s)” means (i) third party websites and Services; and (ii) our partners and customers.
We do not accept, claim or take responsibility of any Third Party Content as posted on our platforms including, but not limited to Organizer Website, Event App and / or Event Community. Any transaction, hyperlinking or mention of Third Party Content including, not limited to websites, media, articles, etc. as posted by you, is between you and the Third Party. If you have any query or complaint regarding a Third Party Source or any Third Party Content, you agree to contact the Third Party Source directly.
The service may permit you to send messages (including via email) to a Third Party Source or to other users (“Messages”). You are solely responsible for the messages you send and the consequences of sending them, and you agree to hold us harmless, and expressly release us, from any and all liability arising from your Messages. You grant us a worldwide license to use, store, and reproduce your Messages for the limited purpose of facilitating sending them to your designated recipients (and we may also use the tools, Services of third-party Service providers to facilitate the sending of Messages to your designated recipients). You guarantee that you own or have the necessary rights and permissions to use all of the Intellectual Property Rights in and to your Messages, and to grant the foregoing License to us. You retain all of your ownership rights in your Messages. You acknowledge and agree that the provisions of Section 8 (User Submissions) below shall also apply to Messages that you send via the service.
Users may create, post, share or store content, messages, materials, data, information, text, graphics, audio, video, or other items or materials on our platforms including, but not limited to Organizer Website, Event App and / or Event Community (“User Submissions”). You are solely responsible for your use of the platform(s) and use them at your own risk. By using the platform, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site and the App any of the following:
User Submission –
- That is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, deceptive or misleading;
- That would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.
- That may infringe any patent, trademark, and trade secret, copyright or other intellectual or proprietary right of any party.
- That impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- That, our sole judgement, is objectionable or which restricts or inhibits any other person from using the platform, or which may expose us or the users to any harm or liability of any type;
- Which violates the terms of our guidelines, principles ,policies or rules posted on the Site and the App or as and where communicated to you;
- Unsolicited promotions, spam, advertising or solicitations;
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses or any other such personal details; and Viruses, corrupted data or other harmful, disruptive or destructive files;
You shall be solely responsible for your User Submissions and the consequences of posting or publishing them. We have the complete right in terms of decision making as to whether or not to publish your User Submissions, and we reserve the right without further notice to you, to monitor, censor, edit, remove, delete and / or remove any and all User Submissions at any time and for any reason.
You further guarantee that you own or have the necessary rights and permissions to use and authorise us to use all Intellectual Property Rights in and to your User Submissions and to enable inclusion and use thereof as contemplated by this agreement. You retain all of your ownership rights in your User Submissions. Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or additional proprietary rights notice. The unauthorised submission or distribution of copyrighted or other proprietary content is illegal and could subject the user to personal liability or criminal prosecution.
You understand and acknowledge that when accessing and using the service: (i) you will be exposed to User Submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety or Intellectual Property Rights of, or relating to, such User Submissions; and (ii) you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us with respect to (i) and (ii) herein.
9.Intellectual Property Rights:
Unless stated/indicated, all the content provided via the service including, without limitation to designs, texts, graphics, pictures, information, data, audio-visual files, sound files, tools, widgets, app, software and any files in whatsoever format whether used collectively or individually are the proprietary property of Virtual Event SA, Hubilo or its licensors or users and are protected by South African and international copyright laws.
You as a user of our services are granted a limited, non-sub licensable, non transferable license to access and use the Service and its Property for your informational, non-commercial and personal use only. The License so granted is subject to these Terms.
- You as a user may use this material only as expressly authorised by the owner of the content and shall not copy, transmit or create derivative works of such material without the required authorisation.
- You acknowledge and agree that you shall not upload post, reproduce, or distribute any content on or through the services that is protected by copyright or other proprietary right of a third party, without obtaining the written permission of the owner of such right.
- Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorised submission or distribution of copyrighted or other proprietary content is illegal and could subject the user to personal liability or criminal prosecution.
If you have a reason to believe that any material on the Service including Property infringes upon any copyright or proprietary right which you own or control you may contact us at firstname.lastname@example.org.
Any notice with respect of any such infringement shall be addressed to the abovementioned designated person and shall be governed by South African Laws and acts as amended up to date.
In addition, the look and feel of the services, including but not limited to all page headers, custom graphics, button icons and scripts, is the proprietary property of the owner and must not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
The License granted hereunder is currently for free. To the extent that third party Service provider or carrier charges for your internet or data usage are applicable, you agree to be solely responsible for those charges.
Payment information and payment methods provided by event organisers (each, an “Organiser”) are specified and presented through the service, within the registration process to the applicable event, as set forth by the Organizer. If you wish to purchase tickets through the service (each such purchase, a “Transaction”), you will be asked to supply certain information applicable to your transaction, including, without limitation, credit card information. You agree that all information that you provide in connection with the transaction will be accurate, current and complete and consent to disclosure, transmission and use of such information as necessary to process the transaction. You agree to pay all charges incurred by you at the prices then in effect. You will also be responsible for paying any applicable taxes relating to your Transactions. The sale or purchase of tickets to entertainment events may be regulated by certain state, county and city laws or regulations. You acknowledge that complying with laws is your responsibility, and you agree not to hold us liable for your failure to comply with any law or our failure to notify you of, or properly apply, any law. We will comply with law enforcement authorities and may provide them with any and all information you submit to us to assist in any investigation or prosecution they may conduct. You agree that you will only use credit cards belonging to you, friends, colleagues or family members who expressly authorise such use, for the purpose of conducting Transactions. You hereby grant Virtual Event SA the right to provide any information you submit to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgement or completion of any Transaction.
Ticket availability and the price per ticket for a certain event are determined by the Organizer.
11.Cancellation and Refund Policy:
The sole responsibility in terms of cancellation and refunds lies with the Organizer and is not defined by Virtual Event SA. Virtual Event SA is not liable for any cancellations or refunds. Before purchasing tickets, we ask you to carefully review your event selection and review the cancellation policy, set forth by the Organiser. It is the responsibility of the Organizer to communicate its refund and cancellation policy to you and to issue you refunds via the service or otherwise. If you wish to request a refund, you should contact the applicable Organiser directly. You hereby agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regard to tickets you purchased.
In terms of event cancellation or postponement, Virtual Event SA is not liable for any such cancellation or delay in the event. The responsibility lies with the Organiser. Virtual Event SA is not responsible for any expenses including, but not limited to ticket purchase, transportation, accommodation, etc. Please convey your concerns and queries directly to the Organiser under such circumstances.
Unlawful resale (or attempted resale), counterfeit or copy of tickets is grounds for seizure and cancellation without compensation. In addition, Virtual Event SA reserves the right to restrict or deny ticket purchasing privileges to anyone that Virtual Event SA determines, in its sole discretion, to be in violation of any of the terms of this agreement.
Please also be aware that certain personal information and other information provided by you in connection with your use of the service may be stored on your device (even if we do not collect that information). You are solely responsible for maintaining the security of your device from unauthorised access.
The service is provided on an “as is” and “as available” basis without warranties of any kind including, without limitation, representations, warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, and those arising by statute or from a course of dealing or usage of trade.
We do not warrant that the service will operate error-free, that the service is free of viruses or other harmful code or that we will correct any errors in the service. You agree that we will not be held responsible for any consequences to you or any third party that may result from technical problems including without limitation in connection with the internet (such as slow connections, traffic congestion or overload of our or other servers) or any telecommunications or internet providers.
Implementation of the Terms and Conditions set out here is our sole responsibility In addition; these rules do not create any private right of action on the part of any third party or any reasonable expectation that the service will not contain any content that is prohibited by such rules. By providing Interactive User interface, we do not attract liability for any statements, representations or User Submissions provided by its users in any public forum, blog or other Interactive Area. We reserve the right and have absolute discretion, to remove, screen or edit any User Submission posted or stored on the Site and the App at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Submission on our services at your sole cost and expense. Any use of the People First Platform or other portions of the Site and the App in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the platform and/or our services.
14.Indemnification and Liability:
You as user shall be liable towards, and compensate, indemnify and hold us, our affiliates or any person working under us harmless from and against any direct or indirect damages, liabilities, obligations, costs, claims of any kind, interest, penalties, legal proceedings and expenses (including, without limitation, reasonable attorneys’ fees and expenses) actually paid, suffered or incurred by us due to the breach of these Terms, any act or omission, misuse, abuse of our services and its access, fraudulent acts, wilful misconduct of the user or any person acting under such user.
User shall be liable for any claims arising due to fraudulent transaction, abuse or misuse of our services.
You represent that you are not, and will not make the Services available to, the resident of any embargoed country or a prohibited person under any export control or anti-terrorism law, regulation or list. You agree to comply fully with all applicable export laws and regulations to ensure that neither the service, nor any technical data related thereto is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by such laws and regulations.
This agreement, and any other legal notices published by us in connection with the service, shall constitute the entire agreement between you and Virtual Event SA concerning the service. In the event of a conflict between this agreement and any of the foregoing, the terms of this agreement shall prevail. No amendment to this agreement will be binding unless in writing and signed by Virtual Event SA. If any provision of this agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under this agreement shall not constitute a waiver of such right or provision.
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