Plan a Function

Terms and Conditions

 
  • 1. Definitions
    • 1.1 FunctionVenues™: The website, mobi sites and software applications as found at www.functionvenues.com, and all other domain names registered by FunctionVenues™ which is owned and operated by FunctionVenues SA (Pty) Ltd.
    • 1.2 FunctionVenues™ Content: Any text, graphics, images, music, software, audio, video, information, works of authorship or other materials on the website published by FunctionVenues™.
    • 1.3 Site Content: Any and all including: end user content, venue and service provider content, advertising content and FunctionVenues™ content.
    • 1.4 End User Content: All content that an end user posts, uploads, publishes, submits or transmits to be made available through the website.
    • 1.5 Venue Content: All content that a Venue posts, uploads, publishes, submits or transmits to be made available through the services, including but not limited to listings.
    • 1.6 Service Providers: Any ad hoc Service Provider listed on our website that may provide additional services to functions, e.g. caterers, photographers, DJs etc.
    • 1.7 End Users: End users includes Guests, Customers and Individual Clients using www.functionvenues.com in order to obtain quotations from Venues or Service Providers.
    • 1.8 Subscribers: Paid Venues and Service Providers.
    • 1.9 Advertisers: Any company, venue, service provider or independent person using FunctionVenues™ to advertise or promote their venue, services or business. FunctionVenues™ reserves the right to remove any advertisement or content published which is in contravention of any of the terms, conditions and policies or any other reason whatsoever and remains within the full discretion of FunctionVenues™.
    • 1.10 Credit Card/Card: Includes all references to credit cards, debit cards, cheque cards and savings cards.
  • Terms of Use:
  • 2. Acceptance of User Agreement:
  • This user agreement is valid, binding and enforceable against all persons who access this website or any part thereof. Please read this user agreement carefully as by using this website you will be taken to have agreed to be bound by it. If you do not agree to be bound by the provisions of this user agreement, you must leave the FunctionVenues™ website immediately as further use will automatically bind you to this user agreement, notwithstanding any disagreements by you to the terms of this policy.
  • 3. Allowed use of information on this website:
    • 3.1 You may only access and browse this website for legitimate personal and commercial purposes and may not use this website for:
      • 3.1.1 harmful purposes; or illegal purposes; or
      • 3.1.2 disclosing, sharing or publishing material that may be offensive, defamatory, regulated, copyrighted, incorrect, untrue, prohibited, infringing or damaging to any person; or
      • 3.1.3 the creation, storage and sending of unsolicited commercial communications.
    • 3.2 Names, email addresses, telephone numbers and fax numbers published on this website may not be incorporated into any database used for electronic marketing or similar purposes. No permission is given or should be implied that information on this website may be used to communicate unsolicited communications to FunctionVenues™ and all rights detailed in section 45 of the Electronic Communications and Transactions Act, No. 25 of 2002 ("ECT Act") are reserved.
    • 3.3 If you use information from this website in breach of this user agreement, FunctionVenues™ reserves the right to claim damages and/or institute criminal proceedings against you.
    • 3.4 FunctionVenues™ does not endorse the Venues, products or services of any Service Providers or Venues or Advertisers. FunctionVenues™ is a website designed to be the initial connect point between the End user and Venue or Service Provider.
  • 4. Software and equipment:
  • It is your responsibility to acquire and maintain, at your own expense, the necessary computer hardware, software, communication lines and Internet access accounts required to access the Internet and this website and/or to download content from this website.
  • 5. Login details and passwords:
  • You hereby undertake to keep secure any and all passwords that are required for your access to, or use of, the FunctionVenues™ website. You will be legally bound by any action performed on this website by any person with access to your FunctionVenues™ account. You hereby indemnify FunctionVenues™ for any damage, loss or liability of whatsoever nature arising from unauthorized access to this website.
  • 6. Correctness of your information:
  • You hereby undertake to ensure that all of the information that you supply to FunctionVenues™ is correct and continuously updated. FunctionVenues™ shall not be liable for any damage, loss or liability of whatsoever nature arising from any misrepresentation by you. In the event that you fail to keep your information current and updated, we reserve the right to suspend or remove your FunctionVenues™ account.
  • 7. Intellectual property rights:
    • 7.1 Except as otherwise indicated, this website, and all text, images, trademarks, trade names, logos and other content contained herein, including, without limitation, the FunctionVenues™ logo and all designs, text, graphics, pictures, downloads, information, data, software, sound, video and other files, domain names, web pages, patents, source code, meta tags, databases, hyperlinks, content and the selection and arrangement thereof are the proprietary property of FunctionVenues™ or its licensors or users and are protected from infringement by South African and international copyright laws and treaties and may not be reproduced or appropriated in any manner without the prior written permission of FunctionVenues™ (or the other respective owners, if applicable). This website and all its content and rights thereto is reserved under the name FunctionVenues™.
    • 7.2Unless specifically prohibited by a notice published on any page of this website, you may view, download and/or print such parts of this website as you may reasonably require for your own private and commercial use only, provided that any copy has attached to it any relevant proprietary notices and/or disclaimers and the content of this website is not reproduced, modified, adapted or processed in any manner whatsoever.
    • 7.3 Except for the above, all other use of this website and its contents is prohibited and without limiting the generality of the aforegoing, no person shall be entitled to reproduce, transmit, publicly perform, distribute, adapt, translate, modify, bundle, merge, share, make available, use or exploit for commercial or non-private purposes or create derivative works of such content without FunctionVenues™ prior written consent.
    • 7.4 You are not allowed to amend, copy, use, decompile and/or reverse engineer the source code of this website.
    • 7.5 You may not use logos, icons or trademarks from this website as hyperlinks or for any other purpose without FunctionVenues™ prior written consent.
  • 8. Accuracy of content on this website:
    • 8.1 FunctionVenues™ undertakes to take reasonable care to ensure that the information provided by Venues and Service Providers on this website is accurate and up to date. The Venues and Service Providers listed on this website legally commit to providing us with accurate and up to date information. However, we do not perform site inspections of the Venues or Service Providers establishments. Accordingly, much of the information on the FunctionVenues™ website is generated by users, and therefore information provided cannot be fully verified. We accordingly make no warranties concerning the accuracy or completeness of the information supplied by the Venues or Service Providers listed on this website or of information supplied by users of this website. You are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available on this website to FunctionVenues™. We shall take reasonable measures to correct or remove content, or any part thereof, if you provide reasonable grounds to prove alleged inaccurate or untrue content provided by Venues or Service Providers.
    • 8.2 While every effort is made to ensure that all information on the site is updated and correct, FunctionVenues™ shall not be liable for any loss, breach, damage (whether direct, consequential, general or special) or expense of any nature whatsoever which may be caused, directly or indirectly through the use of, supply or reliance upon any information or service provided by or to FunctionVenues™ through this website.
    • 8.3 All quotes are provided directly from Venues or Service Providers. Quotes are accepted by the End user. FunctionVenues™ is not party to these agreements. FunctionVenues™ is merely the first point of contact to introduce the End User and Venues or Service Providers. FunctionVenues™ accepts no liability for any breach of contract or any other legal liability between the Venues, Service Providers and End Users.
    • 8.4 FunctionVenues™ retains the right to move advertising blocks on our various media platforms around as we see fit and without any prior notification to the party making use of such advertising space.
  • 9. Service Interruptions:
  • We undertake to maintain the FunctionVenues™ website and the technology supporting it, but we make no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this website are free from errors or omissions or that the service will be uninterrupted and error free. FunctionVenues™ shall not be liable for any damage, loss or liability of whatsoever nature arising from any defects that may be found to exist, or may occur from time to time, in the FunctionVenues™ website. You are encouraged to report any possible malfunctions and errors to support@functionvenues.com. Furthermore, FunctionVenues™ shall not be liable for any direct or indirect loss or damage suffered whatsoever as a result of "hacking" of this website, planned or unplanned outages or the actions of Venues or service providers, including all relevant hosting and equipment providers. You hereby indemnify and hold FunctionVenues™ harmless in respect of any claim arising from any "hacking" or other outage of service.
  • 10. Use of hyperlinks:
    • 10.1 FunctionVenues™ is not responsible for the content, availability, products and or services of any other website from which you have accessed this website or to which you may hyperlink from this website. Where we provide a hyperlink to a third party's website, we do so because we believe in good faith that such a website contains or may contain material which is relevant to this website. Such a hyperlink does not signify that FunctionVenues™ has reviewed or approved of the third party's website or its contents, products or services, nor does it imply a recommendation, endorsement, support or association by FunctionVenues™ of the content, products and/or services of such websites.
    • 10.2 You may not frame this website in any manner whatsoever, without the prior written permission of FunctionVenues™.
  • 11. Security:
    • 11.1 FunctionVenues™ shall take all reasonable steps to secure the content of this website, as well as the information collected from you, from unauthorized access and/or disclosure. FunctionVenues™ does not, however, make any warranties or representations that the content of this website shall be entirely safe or secure.
    • 11.2 We recommend that you install and update anti-virus software before downloading any material from this website and ensure that such software is compatible with your equipment and regularly updated.
    • 11.3 FunctionVenues™ is under no legal duty to:
      • 11.3.1 encrypt any content or communications from and to you; or
      • 11.3.2 provide digital authentication of any pages on this website.
    • 11.4 You may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, robots or spyware, to this website or the server and computer network supporting this website.
    • 11.5 Notwithstanding criminal prosecution, if you deliver or attempt to deliver any damaging code to this website, whether on purpose or negligently, you indemnify and hold FunctionVenues™ harmless, without limitation, against any and all losses, liabilities and damages which FunctionVenues™ may suffer as a result of such delivery, attempt or damaging code.
    • 11.6 You may not develop, distribute or use any device or programme designed to breach or overcome the security measures of any restricted pages, products and services on this website and FunctionVenues™ reserves the right to claim damages from any persons who are directly or indirectly involved in the development, use and distribution of such devices or programmes.
    • 11.7 If you commit any of the offences set out in sections 85 to 88 of the ECT Act or any other legislation, you shall, notwithstanding any criminal prosecution, be liable for all losses, liabilities and damages that may be suffered by FunctionVenues™ due to or related to such offences.
  • 12. Access to the Website:
    • 12.1 FunctionVenues™ reserves the right to restrict, suspend or terminate your access to this website at any time if FunctionVenues™ is of the view that you have breached these conditions of use. Any such restriction, suspension or termination will be without prejudice to any rights which FunctionVenues™ may have against you in respect of such breach.
    • 12.2 FunctionVenues™ has the right to remove this website as a whole, or any sections or features of this website, at any time without notice.
    • 12.3 FunctionVenues™ does not provide any warranties or make any representations that this website shall be available at any specific time.
  • 13. Indemnity
  • Save as otherwise provided herein, FunctionVenues™ shall not be liable to you for any direct or indirect loss or damage that you may suffer as a result of the use of this website by any party, whatsoever and howsoever arising.
  • 14.Limitation of liability:
    • 14.1 This website is supplied on an "as is" basis, without any warranty of any kind, express or implied, as to the operation of this website, the accuracy of the information or the products or services referred to on this website and has not been compiled or supplied to meet your individual requirements. It is your sole responsibility to satisfy yourself prior to entering into this user agreement with FunctionVenues™ that the service available from and through this website will meet your individual requirements and be compatible with your hardware and software.
    • 14.2 Neither FunctionVenues™, nor any of its directors, employees, officers, representatives, agents, consultants, suppliers, Service Providers or sub-contractors ("Indemnified Parties"), shall be liable for any direct, indirect, special or consequential losses or damages of whatsoever nature that may result from:
      • 14.2.1.1 your access to or use of this website; or
      • 14.2.1.2 your purchasing or using any of the products and services available on this website; or
      • 14.2.1.3 the unavailability of any of the products or services provided on this website; or
      • 14.2.1.4 the inability to access this website or use the products or services available on this website; or
      • 14.2.1.5 the use of hyperlinks on this website or the use of or reliance on any website from which you hyperlink to or from this website; or
      • 14.2.1.6 access to or the inability to access websites linked to this website; or
      • 14.2.1.7 access or use of this website by any person in a jurisdiction from which such activity is prohibited; or
      • 14.2.1.8 the submission or transmission of information or material on or through this website by you; or
      • 14.2.2 the violation of these conditions of use or any other laws, regulations and rules by you; or
      • 14.2.3 information or material which you have submitted to www.functionvenues.com which is in violation of any law or in breach of any third party's rights (including, but not limited to, defamation, invasion of privacy, breach of confidence or infringement of copyright or any other intellectual property rights).
      • 14.2.4 Any advertising of any of the Venues, Service Providers or other businesses contained in this website.
    • 14.3 You hereby indemnify and hold harmless the Indemnified Parties against any losses, damages, liability, claims or costs of whatsoever nature incurred by the Indemnified Parties arising from or in any way related to the above.
    • 14.4 FunctionVenues™ reserves the right to defend and control any claims arising from the aforegoing and you agree to fully co-operate with FunctionVenues™ in any such defences.
    • 14.5 This website contains material which is owned by or licensed to FunctionVenues™. This material includes, but is not limited to, the design, layout, look, appearance and graphics, and may be subject to copyright, trademark or other design or intellectual property rights. You may not copy, replicate or use such information, other than as agreed to between us and/or the right holder, or to the extent that such use is incidental to your use of the website.
  • 15. Changes in this user agreement:
  • FunctionVenues™ reserves the right to vary this user agreement at any time. Any such changes will be posted on this page. You are encouraged to review this user agreement at the inception of each session, as you will be deemed to have accepted any such changes (which shall come into effect once posted on this website) if you continue to use this website after they have been posted.
  • 16. Law and jurisdiction:
    • 16.1 This user agreement is governed by the Laws of the Republic of South Africa and without regard to the conflict of laws principle.
    • 16.2 You agree that any cause of action that may arise under this user agreement shall be commenced and be heard in the appropriate court in South Africa.
    • 16.3 You agree to submit to the personal and exclusive jurisdiction of the courts located within South Africa.
  • 17. General:
    • 17.1 To the extent that any part of this user agreement is found to be invalid, unlawful or unenforceable by any court of competent jurisdiction, such part shall to that extent be severable from the remaining terms, all of which shall remain enforceable and applicable, as permitted by law.
    • 17.2 This user agreement, together with the privacy policy and the subscription terms and conditions published on this website, constitute the entire agreement between you and FunctionVenues™ and supersede any and all prior promises, representations, agreements, policies and understandings of whatsoever nature.
    • 17.3 Any failure by FunctionVenues™ to exercise or enforce any right or provision of this user agreement shall not constitute a waiver of such right or provision. FunctionVenues™ has the right to cede, assign or otherwise transfer its rights and obligations in terms of this user agreement to any third party.
    • 17.4 Subscription to FunctionVenues™ is completed on PayFast by choosing the plan with recurring billing cycle that works for you. As such you agree to a recurring billing cycle that is an automated process and hold FunctionVenues™ to no liability when PayFast automatically debits you again when your cycle has expired.
    • 17.5 Should a venue, service provider, end user or advertiser cancel their membership, subscription, featured status and advertisement with FunctionVenues™ they do so at their own risk and as such will not be entitled to a refund of any nature whatsoever.
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  • 18. Legal costs:
  • FunctionVenues™ shall not be liable for any costs incurred by you to obtain professional advice regarding this user agreement.
  • 19. Email Disclaimer
    • 19.1 The information in all e-mail messages (document and attachments) sent by an employee / electronic agent / a legal member of FunctionVenues™ is confidential and may be legally privileged. The information transmitted is intended only for the person(s) or entity to which it is addressed. If you are not the intended recipient(s), please notify the sender immediately and then delete this email (document and attachments). Do not disclose the contents of this email (document and attachments) to any other person, nor make any copies thereof.
    • 19.2 Internet communications cannot be guaranteed to be secure or error-free. Neither FunctionVenues™ nor the sender accepts liability for any errors or omissions in the contents of messages which arise as a result of email transmission. If verification is required, please request a hard copy version. Also take note that email can possibly contain viruses and that the recipient is responsible for checking and deleting viruses. In no event will FunctionVenues™ or the sender be liable to anyone for any indirect, special, consequential or direct damages arising from the transmission of email messages, the opening of email messages and their attachments, or any use thereof whatsoever.
    • 19.3 No employee is authorised to conclude a binding agreement on behalf of FunctionVenues™ by email without the express written confirmation of a Director of FunctionVenues™. Nothing contained in said email shall be construed as a legally binding agreement or an offer to contract.