Terms and Conditions - All Users
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
Site Content: Any and all including: end user content, venue owner content and
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
Subscribers: Paid venues and providers.
Please read these terms of service carefully (“terms”). These terms, which incorporate our
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
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
• 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.
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
• 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;
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.
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.
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.
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