Terms and Conditions - All Users

Definitions

FunctionVenues: The website, mobi sites and software applications as found at www.functionvenues.com, which is owned and operated by 4E Investments CC. FunctionVenues Content: Any text, graphics, images, music, software, audio, video, information, works of authorship or other materials on the website published by FunctionVenues.

Site Content: Any and all including: end user content, venue owner content and FunctionVenues content.

End User Content: All content that an end user posts, uploads, publishes, submits or transmits to be made available through the website.

Venue Owner Content: All content that a venue owner posts, uploads, publishes, submits or transmits to be made available through the services, including but not limited to listings.

Providers: Any ad hoc service provider listed on our website that may provide additional services to functions, e.g. caterers, photographers, DJs etc.

Users: End users / individual clients using functionvenues.com to get in touch with venues or providers.

Subscribers: Paid venues and providers.

Please read these terms of service carefully (“terms”). These terms, which incorporate our privacy policy and other policies posted on the site (as defined herein), as amended from time to time, establish and govern the relationship between FunctionVenues (“FunctionVenues” or “we” or “our”), venue owners, service providers, subscribers and you, the end-user of the site. Our services, technology and site are hereinafter collectively referred to as the “services”. The services comprise an online platform through which venue owners may list venues and you, and other end users may learn about venues and providers.

Agreement to these terms

These terms constitute a legal and enforceable contract. As such, by accessing, completing registration and utilizing the site, you hereby acknowledge and agree to be bound by these terms, as updated, from time to time, by FunctionVenues.

If you agree to these terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity.

You understand and agree that the services bring venue owners, service providers and end users together; however, FunctionVenues is not a party to any agreements entered into between venue owners, service providers and end users. As a result, FunctionVenues has no control over the conduct of venue owners, service providers or end users. FunctionVenues expressly disclaims all liability in this regard. FunctionVenues has no role or involvement in the cancellation of bookings. End users are encouraged to enquire about cancellation polices of venue owners prior to booking with a venue owner. FunctionVenues has no liability to either the event owner or end user for any cancelled booking.

You acknowledge and agree that FunctionVenues is not responsible for resolving any disputes between venue owners and end users, whether related to a booking cancellation, or otherwise, or processing any changes to or cancellations of bookings.

Changes to terms

FunctionVenues may, at its sole discretion, modify these terms, at any time and without prior notice. If we do so we will let you know either by posting the modified terms on the site or through other communications. It’s important that you review the modified terms whenever we revise them because your continued use of the site shall constitute your agreement to be bound by the modified terms.

Content on the site

You acknowledge and agree not to use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, transmit, stream, broadcast or otherwise exploit the services or site content, except as expressly permitted in these terms.

You agree that you are solely responsible for all your end user content. You represent and warrant that:
• You own the end user content that you provide through the services,
• You have all rights, licenses, consents and releases, express or implied, necessary to use the services and to grant to FunctionVenues the rights in the end user content you provide via the services.

You also represent and warrant that your end user content will not infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

FunctionVenues respects copyright law and expects you to do the same. FunctionVenues has adopted and implemented a policy that provides for the termination in appropriate circumstances of registered account holders who infringe the rights of copyright holders.

You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.

You can register directly through the site. We reserve the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the services that violates these terms. You are responsible for maintaining the confidentiality of your password and account, and agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for activities that occur under your account.

General

This website may contain links or references to other websites (“third party websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those third party websites and FunctionVenues is not responsible for the practices and/or privacy policies of those third party websites or the “cookies” that those sites may use.

Notwithstanding the fact that the website may refer to or provide links to third party websites, your use of such third party websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such third party websites or your reliance on any information contained thereon.

Headings are for reference purposes only and do not limit the scope or extent of such section. The failure of FunctionVenues to enforce any right or provision of these terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of FunctionVenues. Except as expressly set forth in these terms, the exercise by either party of any of its remedies under these terms will be without prejudice to its other remedies under these terms or otherwise. Except as otherwise expressly provided herein, if for any reason a court of competent jurisdiction finds any provision of these terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these terms will remain in full force and effect.

Any notices or other communications permitted or required hereunder, including those regarding modifications to these terms, will be in writing and given by FunctionVenues, as determined by FunctionVenues in its sole and absolute discretion:
• via email (in each case to the address that you provide)
• By posting through the services.

For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

When you visit the Site or send e-mails to us, you accept that we can communicate with you electronically. All records that you send to us may be stored electronically. These electronic records shall be proof of the records, unless you can prove otherwise.

All the content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of, or are licensed to FunctionVenues and as such are protected from infringement by local and international legislation and treaties.

You are not permitted to:
• avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by FunctionVenues or any of FunctionVenues providers or any other third party (including a venue owner or another end user) to protect the services or site content;
• attempt to access or search the site or site content or download site content from the site through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by FunctionVenues or other generally available third party web browsers;
• use any meta tags or other hidden text or metadata utilizing a FunctionVenues trademark, logo url or product name without FunctionVenues express written consent;
• use the services or site content for any commercial purpose or the benefit of any third party or in any manner not permitted by these terms;
• forge any tcp/ip packet header or any part of the header information in any email or newsgroup posting, or in any way use the services or site content to send altered, deceptive or false source-identifying information;
• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the services or site content;
• interfere with, or attempt to interfere with, the access of any venue owner, other end users, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the services;

No endorsement

FunctionVenues does not endorse any end users, venue owners or venues featured on the site. In addition, we do not attempt to confirm, and do not confirm, any end user’s or venue owner’s purported identity. You are responsible for determining the identity and suitability of venues and service providers who you contact via the services.

Indemnity

FunctionVenues, and its officers, directors, employees and agents are not responsible for any damage or harm resulting from your interactions with venue owners, service providers, advertisers or other end users of these services.

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the services and site content, and any bookings of venues via the services, remains with you. Neither FunctionVenues nor any other party involved in creating, producing or delivering the services, or site content, will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress or property damage arising out of or in connection with these terms or from the use of or inability to use the services or site content, or from any communications, interactions or meetings with venue owners or other end users of the services or other persons with whom you communicate or interact as a result of your use of the services, or the use of a venue where a booking was made via the services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not FunctionVenues has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

Payment

FunctionVenues uses PayFast as its third party service provider for payment services. By subscribing on FunctionVenues you agree to be bound by and authorize FunctionVenues and PayFast to share any information and payments instructions you provide to such parties and, to the extent required to complete your transactions, with to any third party service provider(s). By listing or selling items on FunctionVenues you also agree to be bound by PayFast user terms which are located at: https://www.payfast.co.za

We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.

Payment can be made via:
• Debit card
• Credit card
• Direct bank deposit or electronic funds transfer
• Instant EFT

You may list your venue for free and will have limited functionality on the website. Subscription charges are levied to gain full access to the venue listing service.

To provide continuous service, FunctionVenues automatically renews all paid subscriptions upon expiration. Renewals are for the same duration as the original subscription term. By using the Site, you acknowledge that Your Account will be subject to the above-described automatic renewals until such time as you submit written notice to FunctionVenues to cancel your subscription.

FunctionVenues may change the subscription pricing, options, renewal terms or member services at any time.

FunctionVenues may suspend or terminate the subscription and/or membership of any member who violates these terms and conditions.

Applicable Law

The terms and conditions pertaining to any products or services appearing on this site or pages shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Use of the service offered on this site or pages will constitute the users consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of the terms and conditions pertaining to this site or such products or services.