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Terms and Conditions

VENUE HUNTER TERMS AND CONDITIONS

Version 1.1 15 May 2016

  1. Definitions

In these Terms and Conditions, the following words and expressions shall have the following meanings:

1.1 “Business Day” means any day of the week excluding Saturdays, Sundays and public holidays;

1.2 “Host” means any person designated or appointed by Venue Hunter or a Venue Provider to (i) respond to and address queries that arise in relation to a Venue while an event is being held at Venue booked by a User in terms of these Terms and Conditions and (ii) open and close a Venue;

1.3 “Terms and Conditions” means the terms and conditions determined by Venue Hunter, as set out in this document and as amended from time to time;

1.4 “User” means any person or entity that registers as a user via the Venue Hunter Website in terms of 5.1 below, including any authorised person of such person, and, as such may book a Venue via the Venue Hunter Website;

1.5 “Venue Hunter Venue Database” means the entire collection of Venues as are represented, featured and/or marketed on the Venue Hunter Website and, as such, are available to be rented or used by Users in accordance with these Terms and Conditions;

1.6 “Venue Hunter Website” means the website developed, owned, provided and managed by Venue Hunter, located at www.venuehunter.co.za;

1.7 “Venue Hunter” means Venue Hunter (Proprietary) Limited (Registration No. 2015/190991/07), a private company registered in the Republic of South Africa;

1.8 “Venue Provider” means any person or entity that has registered as a venue provider via the Venue Hunter Website in terms of 4 below and, as such, has listed one or more Venue(s) on the Venue Hunter Venue Database to be rented or used by a User in accordance with these Terms and Conditions (including, for example, the owner or manager of a Venue);

1.9 “Venue” means any location in the Republic of South Africa that has been listed by a Venue Provider on the Venue Hunter Venue Database;

1.10 “we”, “us” or “our” means Venue Hunter; and

1.11 “you” means, depending on the context, the User or Venue Provider concerned or any other person or entity that such User or Venue Provider has legal authority to bind and on behalf of which accepts these Terms and Conditions, as the case may be.

2. Introduction

2.1 Venue Hunter connects people and organisations looking to find and book alternative venues with a uniquely diverse range of venue providers in an easy and transparent manner via the Venue Hunter Website.

2.2 Venue Hunter offers the following services via the Venue Hunter Website and subject to these Terms and Conditions:

2.2.1. Venue Hunter provides Users with the opportunity to find, book and pay for Venues via the Venue Hunter Website;

2.2.2 Venue Hunter provides Venue Providers with the opportunity to market and rent to Users any function venue or the like that they own or have the authority to manage and rent out; and

2.2.3 Venue Hunter provides Users and Venue Providers with booking and payment support to ensure that all transactions made in terms of these Terms and Conditions can be completed easily and in a transparent manner.

2.3. In offering and providing the services set out in 2.2 above, Venue Hunter shall not in any way be acting for or on behalf of any User and/or Venue Provider. Venue Hunter shall at all times act as an independent service provider.

2.4. Venue Hunter’s core values are integrity, high quality, transparency and respect. At all times we will do our best to conduct all business in a manner that reflects these core values. We expect the same from all Users, Venue Providers and Hosts. These Terms and Conditions have been designed to ensure that Venue Hunter and all its Users, Venue Providers and Hosts work co-operatively with each other. These Terms and Conditions also set how Venue Hunter conducts its business and what is expected from all Users, Venue Providers and Hosts.

3. Application of these Terms and Conditions

3.1. These Terms and Conditions apply to any and all transactions concluded between Users and Venue Providers in relation to the booking of any Venue(s) via Venue Hunter (as the case may be). These Terms and Conditions shall at all times be considered to be material.

3.2. Acceptance of these Terms and Conditions in full is a precondition for any person wishing to register as a User or Venue Provider.

3.3. By applying to be registered as a Venue Provider, or by registering as User, via the Venue Hunter Website, you indicate that you are aware of, understand and accept these Terms and Conditions in full. These Terms and Conditions form a binding agreement between you and Venue Hunter.

3.4. If you disagree with these Terms and Conditions or any part of them, you should immediately cease from registering as a User or Venue Provider (as the case may be).

   4. Registering as a Venue Provider

4.1. Any person or entity wishing to list one or more Venue(s) on the Venue Hunter Venue Database must apply to be registered as a Venue Provider via the Venue Hunter Website.

4.2. Once registered, Venue Providers are obliged to ensure that any booking request originating via the Venue Hunter Website is processed by and through Venter Hunter and not with the User that submitted that request direct. Any failure to comply with this clause 4.2 may result in the Venue Provider concerned being removed from the Venue Hunter Venue Database.

4.3. When applying in terms of 4.1 above, please provide, subject to 4.7 and 8 below, all material specified by us on the Venue Hunter Website (including but not limited to all information, images and the like specified by us).

4.4. All applications submitted in terms of 4.1 above shall be processed and determined by Venue Hunter. The decision of Venue Hunter shall be final. Should you fail to provide any information, content and/or images requested by Venue Hunter via the Venue Hunter Website or via email within a reasonable time, Venue Hunter may elect not to process your application and/or may deny your application.

4.5. By submitting an application in terms of 4.1 above, you warrant that:

4.5.1. You are legally entitled or authorised to submit the relevant application(s); and

4.5.2. All information and material provided as part of such application(s) presents a fair and accurate description of the Venue(s) for which you wish to be registered.

4.6. Venue Providers may add or remove one or more Venue(s) from the Venue Hunter Venue Database via their online profiles on the Venue Hunter Website or may request Venue Hunter via email (info@venuehunter.co.za) to add or remove one or more Venues from the Venue Hunter Venue Database.

4.7. Venue Hunter does not subscribe to nor will it permit any of the following practices on the Venue Hunter Website:

4.7.1. Special endorsements of any particular Venue, Venue Provider or User;

4.7.2. Special provision of advertising space for use by particular Venue Providers; and

4.7.3. The placement and promotion of particular products and/or services in any image featured on the Venue Hunter Website.

4.8. Once registered as a Venue Provider, you undertake to ensure that the calendar featured on the Venue Hunter Website indicating the availability of the relevant Venue(s) is accurate and up-to-date at all times. Venue Hunter shall not be liable for any bookings that are made by a User in terms of these Terms and Conditions and that are not honoured as a result of the said calendar not being accurate and up-to-date.

   5. Booking Venues

5.1. Any person or entity wishing to book one or more Venue(s) must register as a User via the Venue Hunter Website.

5.2. When registering in terms of 5.1 above, please ensure that you provide, subject to 8 below, all information and documentation specified by us on the Venue Hunter Website. Without such information and documentation, we may not be able to register you as a User. Should you have any difficulties registering as a User, please do not hesitate to contact us via email at info@venuehunter.co.za so that we may assist you.

5.3. Once you receive confirmation that you have successfully registered as a User, you will be able to submit a booking request for a Venue using the booking form provided on the Venue Hunter Website.

5.4. Venue Hunter is committed to offering its clients a uniquely diverse collection of alternative venues. Should you wish to book any one or more Venue(s), you agree to do so through Venue Hunter in accordance with these Terms and Conditions and not with the Venue Provider(s) concerned direct. Venue Hunter reserves its rights to suspend or remove the online profile of any User who is found to have relied on information published on the Venue Hunter Website concerning any Venue(s) and/or Venue Provider(s) to enter into one or more transactions with such Venue Provider(s) direct and not via Venue Hunter.

5.5. To secure your booking, you must make full payment of the following, without deduction or set-off, using the payment system determined by Venue Hunter within 48 (forty-eight) hours of you submitting your booking request form:

5.5.1. The fee(s) charged by the relevant Venue Provider (as specified on the Venue Hunter Website);

5.5.2. A service fee charged by Venue Hunter and the relevant Venue Provider for their efforts in assisting you to book the relevant Venue(s), which fee is calculated at 15% (fifteen percent) of the fee(s) charged in terms of 5.5.1 above and shall be shared equally between Venue Hunter and the relevant Venue Provider; and

5.5.3. Subject to 5.12 below, any refundable deposit that may be required by the relevant Venue Provider for any breakages and the like (as specified on the Venue Hunter Website). This deposit shall be held and administered by Venue Hunter subject to these Terms and Conditions.

5.6. Your booking will be cancelled should no payment be received by Venue Hunter within the 48-hour period stipulated in 5.5 above. Upon cancellation of your booking, the Venue(s) you intended to book will become available for the date to which your booking related.

5.7. We will confirm your booking via email upon receipt of the payment due in terms of 5.5 above.

5.8. Once a booking has been confirmed, the relevant Venue Provider shall be liable to the User concerned for giving full effect to that booking by carrying out any and all obligations undertaken by that Venue Provider in terms of the relevant booking subject to these Terms and Conditions.

5.9. Once a Venue has been booked, the following shall apply:

5.9.1. The User shall, at his/her/its expense, be responsible for appointing any service providers that he/she/it requires and shall at all times ensure that any service provider appointed by him/her/it, regardless of whether such service provider was recommended in any way by Venue Hunter, shall at all times act in a manner that does not cause loss, damage and/or harm of any kind to Venue Hunter, any Host, the Venue Provider concerned, any person employed or contracted by such Venue Provider and/or any property owned and/or under the control of such Venue Provider (as the case may be). The User shall be liable for any and all loss, damage and/or harm contemplated by this clause 5.9.1 that is caused directly or indirectly by any service providers appointed by the User;

5.9.2. The User concerned is encouraged to visit the relevant Venue and liaise regularly with Venue Hunter, as well as any service providers appointed by the User, in advance of any event for which the booking was made to ensure that that event may be setup and run to the satisfaction of all parties concerned; and

5.9.3. The User concerned shall be liable for the full replacement and/or repair cost of any property at a Venue that is owned or under the possession and control of the relevant Venue Provider, a Host and/or Venue Hunter where such property is damaged, lost or stolen as a result of any act or omission on the part of that User and/or any person that such User invites or permits at the said Venue.

5.10. Users agree that a representative of Venue Hunter may contact them via email or telephone at any time after the submission of their booking request should Venue Hunter and/or the Venue Provider(s) concerned have any queries relating to your booking or need to discuss any aspect of your booking.

5.11. Venue Hunter shall make payment of 50% (fifty percent) of the amount referred to in 5.5.1 above to the relevant Venue Provider within 24 (twenty-four) hours of receiving full payment from the User concerned of all amounts referred to in 5.5 above. Venue Hunter shall make payment of the remaining portion of the amount referred to in 5.5.1 above, together with the amount payable to the Venue Provider in terms of 5.5.2 above, within 3 (three) Business Days after the event for which the Venue in question was booked. Venue Hunter shall not in any way be held liable for any payment delays that may occur as a result of or in relation to the electronic transfer of funds between banks.

5.12. Subject to 6 below, the deposit referred to in 5.5.3 above will be refunded to a User within 10 (ten) calendar days after the date for which the relevant Venue was booked, subject to any deductions that may be reasonably required to cover the full replacement and/or repair costs contemplated by 5.9.3 above. In the event that such deductions are necessary, Venue Hunter shall make payment of the deposit or any portion thereof to the Venue Provider and/or Host concerned as is necessary to cover the full replacement and/or repair costs in question and shall be entitled to retain any portion of such deposit to cover the replacement and/or repair costs of any property owned or under the possession and control of Venue Hunter as contemplated by 5.9.3 above. Should the deposit referred to in 5.5.3 above not be sufficient to cover the full replacement and/or repair costs in this regard, the User concerned shall be liable to and shall immediately make full payment to Venue Hunter, the Venue Provider and/or Host concerned for the full value of any replacement and/or repair costs not covered by the said deposit (as the case may be).

5.13. Once the booking of a Venue has been confirmed, Venue Hunter and/or the Venue Provider concerned may appoint one or more Hosts for the date(s) on which that Venue has been booked. If and when a Host is appointed, Venue Hunter and/or the Venue Provider concerned (whichever appointed the Host) shall notify the User concerned accordingly.

5.14. It is important to us that all Venue Providers give full effect to bookings made by Users in terms of these Terms and Conditions. Venue Providers are required to ensure that all features advertised on the Venue Hunter Website as being available to a User who books that Venue are actually available and fully functional for any event that that User shall have at the said Venue. Should any of these features not be available to a User who has booked the Venue for any reason whatsoever and unless otherwise agreed in writing with that User, the Venue Provider concerned shall be responsible for arranging at its expense alternative but similar features to be available for any event that the User concerned shall have at the relevant Venue. Venue Hunter shall not be liable to the User in any way for any features that are not available at any Venue. As per 5.8 above, the Venue Provider shall be liable to the User concerned for giving full effect to that booking by carrying out any and all obligations undertaken by that Venue Provider in terms of the relevant booking subject to these Terms and Conditions.

   6. Cancelling a booking

6.1. Should a User need to cancel a booking placed with and confirmed by Venue Hunter for any reason whatsoever, the User must notify Venue Hunter via email at info@venuehunter.co.za as soon as possible before the date for which the booking was made but subject always to the following:

6.1.1. Users will be entitled to a refund of the fee paid to Venue Hunter in terms of 5.5.1 above and the deposit paid to Venue Hunter in terms of 5.5.3 above where Venue Hunter is notified of the cancellation at least 14 (fourteen) calendar days before the date for which the booking was made. The service fee paid to by a User in terms of 5.5.2 above shall in these circumstances be retained by Venue Hunter and the relevant Venue Provider.

6.1.2. Users will be entitled to a refund of the fee paid to Venue Hunter in terms of 5.5.1 above and the deposit paid to Venue Hunter in terms of 5.5.3 above, subject to a cancellation fee (which cancellation fee shall be determined by the Venue Provider concerned, indicated on the relevant Venue profile on the Venue Hunter Website and deducted by Venue Hunter before payment of the said refund) where they notify Venue Hunter of their intention to cancel the booking less than 14 (fourteen) calendar days before the date for which the booking was made. The service fee paid by a User in terms of 5.5.2 above shall in these circumstances be retained by Venue Hunter and the relevant Venue Provider. All cancellation fees will be shared equally between the Venue Hunter and the Venue Provider.

6.1.3. Cancelling a booking so close to the date for which the booking was made will put Venue Providers and/or Venue Hunter at risk of losing business for the date concerned. Users that fail to notify Venue Hunter of their intention to cancel a booking will therefore not receive any refund of the fees paid to Venue Hunter in terms of 5.5 above but shall receive payment of the deposit referred to in 5.5.3 above, subject to these Terms and Conditions.

6.1.4. If a cancellation is due to unforeseen or desperate circumstances, please let by emailing info@venuehunter.co.za. We may in exceptional circumstances elect not to enforce 6.1.1 to 6.1.3 above.

6.1.5. Should a User be dissatisfied with any Venue booked via the Venue Hunter Website due to the nature or quality of such Venue being materially different from that which was represented on the Venue Hunter Website, the User must contact Venue Hunter as soon as possible prior to the date(s) for which the said Venue is booked via email at info@venuehunter.co.za so that the matter may be addressed accordingly. Should Venue Hunter be satisfied that the nature and quality of the Venue booked by the User concerned are materially different from that which was represented on the Venue Hunter Website and the said User intends cancelling the booking as a result of circumstances contemplated in this clause 6.1.5, Venue Hunter shall immediately notify the Venue Provider concerned and, in turn, the Venue Provider concerned shall be required to reimburse Venue Hunter for the amount paid to such Venue Provider in terms of 5.11 above, and provide proof of payment thereof via email at info@venuehunter.co.za, within 24 (twenty-four) hours of being notified. Venue Hunter shall in turn refund to the User concerned an amount equivalent to the fee paid to Venue Hunter in terms of 5.5.1 above, half of the fee paid to Venue Hunter in terms of 5.5.2 above, and the deposit paid to Venue Hunter in terms of 5.5.3 above, subject to these Terms and Conditions. Venue Hunter reserves it rights to remove from the Venue Hunter Venue Database any Venue for which the relevant Venue Provider provided Venue Hunter with false information for publication on the Venue Hunter Website. Users shall not be entitled to a refund of the amounts contemplated by this clause 6.1.5 where they fail to address any concerns that they have regarding the nature and quality of the Venue concerned prior to the date(s) for which the said Venue is booked and/or where they proceed with the booking.

6.2. Should a Venue Provider need to cancel a booking made by a User in terms of 5 above for any reason whatsoever, that Venue Provider must immediately notify Venue Hunter via email at info@venuehunter.co.za of his/her/its intention to cancel the relevant booking (including the reasons for such cancellation), and must within 24 (twenty-four) hours of notifying Venue Hunter pay Venue Hunter an amount equal to all amounts received by it/her/her in terms of 5.11 above plus a cancellation fee equivalent to half the service fee charged to the User concerned in terms of 5.5.2 above and submit proof of payment thereof to Venue Hunter via email at info@venuehunter.co.za. Upon receiving notice from a Venue Provider of his/her/its intention to cancel the said booking, Venue Hunter will communicate same to the relevant User. Where a Venue Provider cancels a booking, Venue Hunter shall refund to the relevant User all amounts paid by that User in terms of 5.5 above.

   7. Managing risk at all Venues

7.1. All Venue Providers warrant, without exception, that they shall at all times during which their Venues have been booked (i.e. from the date that a booking is made until the booking has been completed in full) comply with all applicable laws and hold all regulatory permissions, licences, authorisations and the like required for them to act in accordance with these Terms and Conditions (including but not limited to having the necessary liquor licences, business licences, zoning permissions and the like). Venue Hunter may remove Venue Providers from the Venue Hunter Venue Database should they fail to comply with this clause 7.1.

7.2. All Venue Providers warrant, without exception, that they shall at all times during which their Venues have been booked (i.e. from the date that a booking is made until the booking has been completed in full) have and maintain comprehensive business, household, property and/or any other insurance sufficient to cover any breakages, any damage to or loss of property, any injury or death caused to any person and/or any third party claims that may arise as a result of or in connection with any booking of the Venue(s) in question. Venue Providers shall not be entitled or permitted in any way to rely on any insurance held and maintained by Venue Hunter for any breakages, damage to or loss of property and/or third party claims of any kind whatsoever.

7.3. All Venue Providers are required to develop a safety plan for their respective Venues. These safety plans must detail what Users must do in the event of fire, home invasions, accidents and the like and must include the contact details for security agencies that service the Venue(s) (if any), the nearest police station(s), the nearest fire station(s) and nearest medical facilities. Safety plans must be made easily accessible to all Users at the Venue(s) concerned.

7.4. All Venue Providers are required to put appropriate systems in place to reduce or, if possible, remove any and all safety and security-related risks that may arise in respect of their respective Venues. As a minimum, all Venues must be equipped with a functional fire extinguisher and comprehensive medical aid kit at the cost of the relevant Venue Provider(s).

7.5. Users are responsible for orientating themselves, and any other persons who they invite to or permit at any Venue they have booked (including but not limited to any service providers), with the safety plan of such Venue and any other safety and security-related measures that have been put in place by the relevant Venue Provider at such Venue in accordance with 7.4 above and shall ensure that all persons contemplated by this clause 7.5 adhere to the said plans and measures.

7.6. No Venue Provider shall be liable to a User for any breakages, any damage to property, any harm caused to any persons and/or any loss that cannot in any way be attributed to any fault on the part of the Venue Provider.

7.7. Subject to 11 below, Venue Hunter shall not in any way be liable to any person or entity (including but not limited to any Venue Provider) for any breakages, any damage to property, any harm or death caused to any persons and/or any loss that arises from or in connection with any Venues booked in accordance with these Terms and Conditions.

7.8. Each User warrants, without exception, that any service provider appointed by him/her/it in respect of any event to be held at a Venue booked by that User shall at all material times comply with all applicable laws and hold all regulatory permissions, licences, authorisations and the like required for them to provide the relevant services and/or products (including but not limited to having the necessary liquor licences, business licences, zoning permissions and the like).

8. Information and material submitted by you via the Venue Hunter Website 

8.1. When submitting any information and other material via the Venue Hunter Website (whether such information or material relates to a Venue or the booking of a Venue), you consent to such information and material being used by Venue Hunter to provide the services set out in 2.2 above and undertake to ensure and hereby warrant that such information and material shall at all times and in all respects be accurate and lawful.

8.2. You undertake to update any information and other material submitted to us via the Venue Hunter Website by sending us an email at info@venuehunter.co.za as and when such information and other material becomes inaccurate, misleading or outdated for any reason whatsoever.

8.3. Subject to these Terms and Conditions, Venue Hunter will not distribute, share or sell any information or material provided to it by you to any third party without your prior consent.

8.4. Full details of the physical address of a Venue are visible on the Venue Hunter Website, unless the Venue Provider concerned has specifically requested Venue Hunter not to publish such information on the Venue Hunter Website. The contact details of the Venue Provider and the physical address of the Venue (if not already visible on the Venue Hunter Website) will be provided to Users upon confirmation of their booking in terms of 5.7 above. Users may view any Venue prior to making a booking

8.5. Any banking details that you provide to us will only be used by Venue Hunter to facilitate payments required by these Terms and Conditions and will not be shared with any third party without your prior consent.

8.6. You acknowledge that some of the information and material published on the Venue Hunter Website is submitted by third parties. Whilst we use our reasonable efforts to review information and material published on the Venue Hunter Website, we do not warrant the completeness, accuracy or lawfulness of the information and material published on the Venue Hunter Website where such information and material originates from Users and/or Venue Providers.

8.7. Venue Hunter, together with its employees, directors, agents and authorised representatives, shall not be liable in any way for any loss, damage, costs and/or expenses that may be suffered by any person as a result of any information and/or other material published on the Venue Hunter Website being misleading or false and/or infringes the rights of any third party to the extent that such information and/or material was provided by or originated from you.

8.8 We shall remove any information and/or material from the Venue Hunter Website that we have reason to believe may be misleading and/or may be false and/or may infringe the rights of any third parties. Please alert us to any information and/or material that you consider breaches these Terms and Conditions by emailing us at info@venuehunter.co.za so that we may take appropriate steps to address this.

   9. Rating Users and Venues

9.1. You are encouraged to provide us with feedback of your experience of any User or Venue upon completion of a transaction by submitting such feedback via the Venue Hunter Website (if you are a User providing feedback on a Venue Provider and/or Venue) or via email at info@venuehunter.co.za (if you are a Venue Provider providing feedback on a User). All feedback collected in this regard will be used by us to ensure that the services we provide you are of the highest quality possible.

9.2. By providing feedback to us pursuant to 9.1 above, you consent to us publishing such feedback or any part thereof on the Venue Hunter Website where we believe it will improve the experience of or benefit Users.

9.3. Venue Hunter will not tolerate any Venue Providers and Users that are disrespectful to each other or other people’s property. Venue Hunter reserves its rights to:

9.3.1. Deregister any User who, in the view of Venue Hunter, has been disrespectful to any employee or representative of Venue Hunter, any Host and/or any Venue Provider and/or has failed to respect the property of Venue Hunter, any Host and/or any Venue Provider; and

9.3.2. Deregister any Venue Provider who, in the view of Venue Hunter, has been disrespectful to any employee or representative of Venue Hunter, any Host and/or any User and/or has failed to respect the property of Venue Hunter, any Host and/or any User.

9.4. Subject to any contractual rights that may have accrued to the User and/or Venue Provider being deregistered prior to the deregistration effected in terms of 9.3 above, Venue Hunter shall not be liable in any way to the User and/or Venue Provider being deregistered for any loss, damage, costs and/or expenses of any kind that such User and/or Venue Provider may suffer or incur, directly or indirectly, as a result of not being registered in terms of these Terms and Conditions.

   10. Limited warranties

10.1. You acknowledge that some of the information published on the Venue Hunter Website is submitted by third parties. Whilst we use our reasonable efforts to review material published on the Venue Hunter Website, we do not warrant the completeness or accuracy of the information published on the Venue Hunter Website; nor do we commit to ensuring that the Venue Hunter Website remains available or that the material on the Venue Hunter Website is kept up-to-date.

10.2. You understand and acknowledge that the information published on the Venue Hunter Website is intended only for general information and marketing purposes, does not constitute advice, and may not be relied upon without Venue Hunter’s prior written consent.

10.3. To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to the Venue Hunter Website, its content and the use of the Venue Hunter Website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

   11. Limitations and exclusions of liability

11.1. Our aggregate liability to you under these Terms and Conditions will not exceed the total amount actually paid by you to us under these Terms and Conditions. 

11.2. We will not be liable to you in respect of any loss of profits, special, indirect or consequential loss or damage for any reason whatsoever.

11.3. The limitations and exclusions of liability set out in this clause 11 govern all liabilities arising under these Terms and Conditions or in relation to the subject matter of these Terms and Conditions, howsoever arising.

   12. Indemnity

12.1. Notwithstanding anything to the contrary which may be contained in these Terms and Conditions, Venue Hunter shall not be liable for any direct or indirect (including consequential) loss, damage, costs and/or expenses of any nature whatsoever which you may suffer or incur as a consequence of or which may arise from or be attributable to any acts or omissions on its part, but excluding acts or omissions on the part of Venue Hunter which amount to gross negligence.

12.2. You hereby indemnify Venue Hunter and hold it harmless in respect of any loss, damage, liability, costs and/or expenses of whatsoever nature which Venue Hunter may suffer or incur as a consequence of or arising from or attributable to any acts or omissions on your part, including without limitation any loss, damage, costs and/or expenses of any nature whatsoever suffered or incurred by Venue Hunter as a result of any claims brought against you, any User or Venue Provider (as the case may be) and/or Venue Hunter by any third party. Your liability under this indemnification shall be in addition to your liability to Venue Hunter on account of any breach of contract or in delict.

   13. Breach

13.1. Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, or if we reasonably suspect that you have breached these Terms and Conditions in any way, we may:

13.1.1. send you one or more formal warnings;

13.1.2. temporarily suspend your access to the Venue Hunter Website;

13.1.3. permanently prohibit you from accessing the Venue Hunter Website;

13.1.4. block computers using your IP address from accessing the Venue Hunter Website;

13.1.5. contact your internet services provider and request that they block your access to the Venue Hunter Website;

13.1.6. bring court proceedings against you for breach of contract or otherwise, which may include a claim for damages; and/or

13.1.7. delete and/or edit any or all of the information that you provided to Venue Hunter and that appears on the Venue Hunter Website.

13.2. If you do not comply with these Terms and Conditions, and we do not take immediate action, this does not mean that we waive our rights under these Terms and Conditions, and we will remain entitled to take action against you in the future.

13.3. Where we suspend or prohibit or block your access to the Venue Hunter Website or a part of the Venue Hunter Website, as contemplated in 13.1 above, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

   14. Privacy Policy

14.1. Any personal information collected from you by us will be dealt with and handled in accordance with the following provisions:

14.1.1. Personal information collected by us, or submitted to us via email and/or the Venue Hunter Website, will be used only for the purposes of providing the services referred to in 2.2 above or in relevant parts of the Venue Hunter Website. In addition, we may use your personal information to send you email notifications and/or communications which you have specifically requested, send you marketing communications relating to our business by email, and/or keep the Venue Hunter Website secure and prevent fraud.

14.1.2. You may inform us at any time should you no longer wish to receive marketing communications referred to in 14.1.1 above using the link provided in our marketing communications or by sending an email to info@venuehunter.co.za to be deleted from our mailing list. We will effect such deletion within 48 (forty-eight) hours of receipt of your notification or e-mail.

14.1.3. We will only process personal information in a manner which is adequate, relevant and not excessive, taking into account the purpose for which it was collected, and for which it is processed.

14.2. You voluntarily consent, and must procure that any relevant third party voluntarily consents, to the use of the personal information collected in relation to you (including without limitation any personal information contained in any submission you make for publication on the Venue Hunter Website) in accordance with these Terms and Conditions.

14.3. If you include any personal information about any third person in any submission you make for publication on the Venue Hunter Website, you are obliged to:

14.3.1. provide that person with a copy of these Terms and Conditions in advance of providing their personal information to us; and

14.3.2. where possible, have that person provide us with their personal information themselves.

   15. Termination of these Terms and Conditions

15.1. Should you wish to terminate these Terms and Conditions after registering as a User or Venue Provider, you should delete your profile on the Venue Hunter Website. You will be required to provide reasons for your termination, which reasons shall only be used by us to improve the services we provide.

15.2. Subject to these Terms and Conditions, Venue Hunter may suspend or delete your profile at any stage should you act in breach of these Terms and Conditions and fail to remedy such breach within 7 (seven) calendar days of being requested to do so by Venue Hunter or any authorised representative of Venue Hunter.

15.3. The termination of these Terms and Conditions shall not affect or cancel the provisions of 4.5, 5.8, 5.9.1, 5.9.3, 5.11, 5.14, 6.1.5, 7.1 to 7.2, 7.6 to 7.8, 8, 9.2, 9.4, 10 to 12, 14, 15.3 to 15.4, and 17 to 21, as well as any other clause herein which expressly or by reference applies after such termination, and the same shall remain of full force and effect.

15.4. Any termination of these Terms and Conditions for any reason whatsoever shall be without prejudice to any rights that may have accrued prior to such termination to Venue Hunter and any User(s) and/or Venue Provider(s) in accordance with these Terms and Conditions, as the case may be.

   16. Variation

We may revise these Terms and Conditions from time-to-time.  Revised Terms and Conditions will apply to all bookings of Venues from the date of the publication of the revised Terms and Conditions on the Venue Hunter Website. It is your responsibility to check the Venue Hunter Website regularly to ensure you are familiar with the current version of the Terms and Conditions.

   17. Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms and Conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms and Conditions without the prior written consent of Venue Hunter.

   18. Severability

If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

   19. Exclusion of third party rights

These Terms and Conditions are for the benefit of Venue Hunter, Venue Providers and Users, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these Terms and Conditions is not subject to the consent of any third party.

   20. Entire agreement

These Terms and Conditions constitute the entire agreement between you and us in relation to any business contemplated in these Terms and Conditions, and supersede all previous agreements in this regard.

21. Law and jurisdiction

These Terms and Conditions will be governed by and construed in accordance with the laws of the Republic of South Africa, and any disputes between you and us relating to these Terms and Conditions will be subject to the jurisdiction of the High Court of South Africa (Western Cape High Court).