- ACCEPTANCE OF TERMS.
The following terms and conditions (this “ToS”) govern all use by you as an Organiser (as defined below) of (a) the REGISTER EVENT websites and domains (including all webpages, subdomains and subparts therein contained, the “Site”, also including any sites or domains created and or managed on your behalf), (b) any and all services available on or through the Site or otherwise provided by Register Event, (“Register Event”) for your events, and (c) all Software (as defined below) (collectively, the “Services”). The Services are owned and operated by Register Event. The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies, and procedures that may be published from time to time on the Site by Register Event. BY USING OR ACCESSING ANY PART OF THE SERVICES, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN AND ALL OTHER OPERATING RULES, POLICIES, AND PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME ON THE SITE BY REGISTER EVENT. IF YOU DO NOT AGREE TO ANY OF SUCH TERMS, CONDITIONS, RULES, POLICIES OR PROCEDURES, DO NOT USE OR ACCESS THE SERVICES. THIS TOS MAY BE MODIFIED (I) ON AN EVENT BY EVENT BASIS THROUGH A WRITTEN SERVICES AGREEMENT OR WRITTEN ADDENDUM AGREEMENT TO THIS TOS, SIGNED BY YOU AND AN AUTHORISED OFFICER OF REGISTER EVENT, OR (II) BY REGISTER EVENT AS PROVIDED IN SECTION 1.2 BELOW.
Register Event reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this ToS at any time. It is your responsibility to check this ToS periodically for changes. Your continued use of the Services following the posting of any changes to this ToS constitutes acceptance of those changes. If any change to this ToS is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Services.
- DESCRIPTION OF REGISTER EVENT.
Register Event provides a simple and quick means for organisers and planners (“Organisers”) to invite, register, provide event information, collect payments, edit attendee information, network, report and additional services, to events registered on the Site from users who want to attend such events (“Buyers” or “you”). Payments are all transacted through PayFast or PayPal or other third party payment service methods (collectively, “Facilitated Payment Modes” or “FPM”) or the Register Event payment processing gateway (the “Gateway”).
- YOUR USE OF THE SERVICES.
3.1 The Services.
Register Event hereby grants you a non-exclusive, non-transferable, non-sub-licensable right to access and use the Services solely for the Registration Fees for, an event that you have registered on the Site, in each case (i) in compliance with this ToS, and (ii) to the extent permitted under all applicable laws and regulations (foreign and domestic). Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly: (i) modify, reproduce or otherwise create derivatives of any part of the Services or Site Content (as defined below); (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence, and organisation of all or any part of the Services (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (iii) rent, lease, resell, distribute or use the Services for any commercial purposes (except for the limited commercial purpose of collecting Event Registrations/payment through the Site as an Organiser in accordance with this ToS); (iv) remove or alter any proprietary notices or labels on or in the Services or Site Content; (v) engage in any activity that interferes with or disrupts the Services; (vi) engage in any fraudulent activity or activity that facilitates fraud
If you are allowed to download or use any Software in connection with the Services, Register Event hereby grants you a personal, non-transferable, non-sub licensable, revocable, non-exclusive license to use the Software solely for your internal use in connection with the Services, and only in accordance with this ToS and the written instructions/directions (if any) provided by Register Event in conjunction with the Software. For purposes of this ToS, “Software” shall mean any and all software that is available on or through the Site or otherwise provided by Register Event, including without limitation Register Event mobile applications. For clarity, the Software will be deemed a part of the “Services” hereunder.
The Software and the transmission of applicable data are subject to the Electronic Communications and Transactions Act, 2002 No. 25 of 2002. Downloading or using the Software is at your sole risk. You shall also be responsible for using the Software in a manner that complies with all local laws and the rules and regulations of all credit card companies.
- PAYMENT METHODS.
Register Event has the ability to enable payment collections on behalf of its Organisers via (a “Gateway”). Payments are all transacted through PayFast or PayPal or other third party payment service method (collectively, “Facilitated Payment Modes” or “FPM”). As Register Event do not, as a standard, collect any monies on behalf of Organisers, we require our Organisers to provide us with pre-approved FPM which will be incorporated into the Services. In the event that Register Event does collect payments on your behalf, Register Event is not liable for any service fees, commissions, banking fees, administration fees or any other fees that may be incurred during the payment processing, withdrawal and transfer of funds into the Organisers’ account post-event. Register Event charges a 5% administration fee on all funds collected on behalf of Organisers, this fee will be deducted before the balance of funds has been transferred to the Organisers. It is the responsibility of the Organiser to state in writing, electronic or otherwise, what the costs of products or services are. It is the responsibility of the Organiser to factor in all additional charges, fees, commissions and costs charged by the FPM, banks and Register Event before finalising product and/or service costs. If the pricing provided to Register Event changes or is affected by fluctuations in the exchange rate or above mentions additional charges/fees/commissions etc, it is the responsibility of the Organiser to notify Register Event in writing that the prices defined above need to be updated and what they need to be updated with. In the event that any monies owed to Register Event for services rendered are outstanding and/or payment terms are in breach, Register Event reserves the right to withhold monies collected on behalf of the Organiser to the value that is owed to Register Event. Register Event will only be able to transfer funds collected on your behalf to you once a written itemised invoice has been issued to Register Event (SARS invoicing compliance). Register Event is not responsible for the collection of any outstanding invoices on behalf of any client.
- YOUR REGISTRATION OBLIGATIONS.
To be a registered user of the Services as an Organiser you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or Register Event has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Register Event has the right to suspend or terminate all of your accounts and refuse any and all of your current or future use of the Services (or any portion thereof).
- ACCOUNT, PASSWORD, AND SECURITY.
Closed sites require during the registration process, to create a password and account. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your account, including, without limitation, all actions by sub-users registered under your account. You agree to (a) immediately notify Register Event of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Register Event cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorised access to or use of your account. In the event of any dispute between two or more parties as to account ownership, you agree that Register Event shall be the sole arbiter of such dispute in its sole discretion and that Register Event’s decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.
7.1 Site Content.
You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content (collectively, “Content”), contained in or delivered via the Services or otherwise made available to Register Event in connection with the Services (collectively, “Site Content”) is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. Register Event may own the Site Content or portions of the Site Content may be made available to Register Event through arrangements with third parties. Except as expressly authorised by Register Event in writing or in connection with your use of the intended functionality of the Services, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Site Content, or post any Site Content on any other website or in a networked computer environment for any purpose. Reproducing, copying or distributing any Site Content for any other purpose is strictly prohibited without the express prior written permission of Register Event. You shall use the Site Content only for purposes that are permitted by this ToS and any applicable laws and regulations (foreign and domestic). Any rights not expressly granted herein are reserved.
7.2 Your Content.
You acknowledge and agree that if you contribute, provide or make available any Content to the Site (“Your Content”), you hereby grant to Register Event a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right and license to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit Your Content, in whole or in part, in any media now known or hereafter developed, for any purpose whatsoever. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license and that all Your Content (i) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, and (ii) complies with all applicable laws and regulations (foreign and domestic). In addition, Your Content must be accurate and truthful. Register Event reserves the right to remove any of Your Content from the Site at any time if Register Event believes in its sole discretion that it does not comply with this ToS. In addition, you agree that Register Event may use your name and logo, and the name and logo of companies/individuals contracted to (whether or not you have made it available through the Site) for the purpose of identifying as an existing or past customer/client of Register Event both on the Site and in marketing and promotional materials. In addition, by accepting a particular Card Scheme payment type (e.g., Mastercard, Visa, American Express), you are authorising the owner of that Card Scheme and its affiliates to use your name, address and website URL in any media from time to time.
8.1 Certain Restrictions.
You understand that you are liable for all Content, in whatever form, that you provide or otherwise make available to or through the Services, including to Registrants and other users (“REGISTRANT / USER”) of the Services. You agree not to use the Services to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a Register Event representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any person or entity;
- upload, post, email, transmit or otherwise make available any Content related to the sale or provision of goods and services other than the registrations to events listed on the Site and other goods and services being sold at the event or provided in conjunction with such events;
- interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
- stalk or otherwise harass any person or entity.
8.2 Certain Remedial Rights.
You acknowledge that Register Event does not pre-screen any Content provided or made available by you or any third party in connection with the Services, but that Register Event and its designees shall have the right (but not the obligation) in their sole discretion to (i) monitor, alter, edit, or remove any of your Content, in whole or in part, and/or (ii) rescind and terminate your right to use the Services at any time (with or without notice) for any reason or no reason. You acknowledge and agree that Register Event may preserve your Content and may also disclose your Content for any reason, including without limitation if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this ToS; (c) respond to claims that any of your Content violates the rights of third parties; and/or (d) protect the rights, property, or personal safety of Register Event, its users and/or the public. You understand that the technical processing and transmission of the Services, including Your Content, may involve (i) transmissions over various networks; and/or (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
Register Event may provide you with the right to use a sub-domain within the Site (e.g., [sub-domain-prefix].registerevents.co.za/uk). All such sub-domains are the sole property of Register Event. In the event Register Event provides you with a sub-domain, your right to use such sub-domain may be terminated by Register Event at any time (with or without notice) for any reason or no reason. Sub-domains may also be archived after inactivity post event/project.
The following terms and conditions describe the terms and conditions of Register Event’s referral programs. Register Event reserves the absolute right to determine whether you or any other user of the Services qualifies for any of the following referral programs.
10.1 Organiser Referral Program.
Register Event will pay a referral fee to persons or entities (“Organiser Referrers”) that refer revenue-generating Organisers to Register Event, subject to the following terms and conditions: (a) Prior to an Organiser’s initial use of the Services, the Organiser Referrer must have contacted the Organiser and have been instrumental in getting the Organiser initially to register for an event using the Services (as determined by Register Event in its sole discretion). The referral must be properly registered with Register Event when the Organiser initially sets up their account and the Organiser Referrer must fully comply with all instructions with respect thereto. (b) Register Event will pay the Organiser Referrer a percentage of the Register Event Service Fees based on the value of each project (R0 – R20 000 = 20% | R20 000 – R50 000 = 15% | R50 000 + = 10%), which may vary based on Register Event’s agreement with the applicable Organiser and does not include additional amounts such as taxes, royalties, payment processing and other Service Fees and will be net of all refunds, credit card chargebacks and all other deducted amounts. The referral fee will be paid at the end of the referred event when all outstanding payments have been received and final project profit has been calculated. (c) Register Event reserves the right to change, modify or terminate this Organiser referral program and/or its terms at any time in its sole discretion. Register Event reserves the right to determine what, if any, amounts are properly due Organiser Referrers hereunder in its sole discretion.
- ADDITIONAL SERVICES.
Register Event may, upon request, and for such fees as Register Event may establish from time to time in its sole discretion, provide additional services to you beyond the functionality of the Site, including without limitation leasing badge printers, scanners and other equipment, providing consultants and staffers to assist you on the date of your event, and providing dedicated account management services. All such additional services, whether provided prior to, during or following your event, shall be deemed a part of the Services and subject to all the terms and conditions of this ToS. Such additional services shall be set forth in a written Addendum Agreement to this ToS, Register Event Equipment Lease Agreement, and/or other written agreement between you and an authorised officer of Register Event, and shall set forth the Service Fees and the other terms and conditions relating to such additional services. As a condition of the lease of any equipment, you shall enter into a separate Register Event Equipment Lease Agreement.
You agree to defend, indemnify and hold Register Event, and its affiliates, and each of its and their respective officers, directors, agents, co-branders, other partners, and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise), or investigation made by any third party (each a “Claim”) due to or arising out of: your Content; your or any of your affiliates, or any of your or your affiliates officers, directors, agents or employees, use of, contribution to or connection with the Services or violation of any rights of another; your event(s); and/or your violation of this ToS. Register Event shall provide notice to you of any such Claim, provided that the failure or delay by Register Event in providing such notice shall not limit your obligations hereunder. Register Event reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting Register Event’s defense of such matter.
- SERVICE MODIFICATIONS/SUSPENSIONS.
Register Event reserves the right at any time to, and from time to time may modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) for any reason or no reason with or without notice. Register Event will not be responsible to you for a refund, in whole or part, of Service Fees for any reason, except for Service Fees (excluding the portion of Service Fees paid over to FPMs and other third-party service providers used by Register Event in connection with providing the Services) related to refunds issued to Buyers. You agree that Register Event shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
Register Event, in its sole discretion, may terminate your password, accounts (or any part thereof) and/or your right to use the Services, and remove and discard any and all of Your Content within the Services, at any time for any reason or no reason, including, without limitation, for lack of use, failure to timely pay any fees or other monies due to Register Event, or if Register Event believes that you have violated or acted inconsistently with the letter or spirit of this ToS. You agree that any termination of your right to use the Services may be effected without prior notice, and acknowledge and agree that Register Event may immediately deactivate or delete your account and all related Content and files related to your account and/or bar any further access to such files or the Services. Further, you agree that Register Event shall not be liable to you or any third-party for any termination of your right to use or otherwise access the Services. All provisions of this TOS that by their nature should survive termination of your right to use the Services shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections and licenses).
The Services may provide, or third parties may provide, links to other Internet websites or resources. Because Register Event has no control over such websites and resources, you acknowledge and agree that Register Event is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such websites or resources. You further acknowledge and agree that Register Event shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on any such Content, advertising, products, services or other materials available on or through any such website or resource.
- DISCLAIMER OF WARRANTIES.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. REGISTER EVENT HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. REGISTER EVENT MAKES NO WARRANTY THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE SERVICES THEMSELVES (OR ANY PART THEREOF) WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. REGISTER EVENT IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE CONTENT, PRODUCTS, SERVICES, ACTIONS OR INACTIONS OF ANY USER, BUYER OR OTHER NON-ORGANISER, ORGANISER OR THIRD PARTY BEFORE, DURING AND/OR AFTER AN EVENT; AND REGISTER EVENT WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED IN (I) THROUGH (V) ABOVE. YOU ACKNOWLEDGE THAT REGISTER EVENT HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF EVENTS ADVERTISED, THE TRUTH OR ACCURACY OF ANY REGISTRANTS’ (INCLUDING BUYERS’, OTHER NON-ORGANISERS’ AND ORGANISERS’) CONTENT OR LISTINGS, OR THE ABILITY OF ANY USER (INCLUDING BUYERS AND ORGANISERS) TO PERFORM, OR ACTUALLY COMPLETE A SUBMISSION. IN ADDITION, REGISTER EVENT IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY FPM SERVICE), AND REGISTER EVENT HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD PARTY SERVICE PROVIDER. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. Notwithstanding the foregoing, you may report the misconduct of Registrants, Organisers and/or third parties in connection with the Site or any Services to Register Event. Register Event, in its sole discretion, may investigate the claim and take necessary action.
- LIMITATION OF LIABILITY.
REGISTER EVENT, ITS PAYMENT PROCESSING PARTNERS, LICENSORS AND ANY APPLICABLE CARD SCHEMES SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICES, OR ANY OTHER SUBJECT MATTER OF THIS TOS, FOR: (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ANY OF THEM HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (III) ANY FOR CLAIMS FROM A GIVEN ORGANISER WITH RESPECT TO THE SERVICES, OR (IV) ANY MATTERS BEYOND ANY OF THEIR REASONABLE CONTROL. REGISTER EVENT, ITS PAYMENT PROCESSING PARTNERS, LICENSORS AND ANY APPLICABLE CARD SCHEMES SHALL HAVE NO LIABILITY WITH RESPECT TO ANY OF YOUR CONTENT OR ANY CONTENT OF ANY OTHER USER OF THE SERVICES. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
IN CONSIDERATION OF BEING PERMITTED TO ACCESS AND USE THE SERVICES, YOU HEREBY AGREE TO RELEASE REGISTER EVENT, AND ITS AFFILIATES, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS, OTHER PARTNERS, AND EMPLOYEES FROM ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH DISPUTES BETWEEN YOU AND THIRD PARTIES (INCLUDING OTHER ORGANISERS, BUYERS, AND OTHER NON-ORGANISERS) IN CONNECTION WITH THE SERVICES, YOUR ACCESS AND USE OF THE SERVICES, OR YOUR EVENT.
Notices to you may be made via either email or regular mail to the address in Register Event’s records. The Services may also provide notices of changes to this ToS or other matters by displaying notices or links to notices to you generally on the Services. Any notice from you to us shall be sent in writing to our mailing address at Register Event. Olivedale Office Park, Ash House, Register Event, 35 Lima Street, Olivedale, Johannesburg, South Africa or emailed to email@example.com
- TRADEMARK INFORMATION.
The trademarks, service marks and logos of Register Event (the “Register Event Trademarks”) used and displayed in connection with the Services are registered and unregistered trademarks or service marks of Register Event. Other company, product, and service names used in connection with the Services may be trademarks or service marks owned by third-parties (the “Third-Party Trademarks”, and, collectively with Register Event Trademarks, the “Trademarks”). The offering of the Services shall not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Services without the prior written consent of Register Event specific for each such use. The Trademarks may not be used to disparage Register Event, any third party or Register Event’s or third party’s products or services, or in any manner (in Register Event’s sole judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless Register Event approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any Register Event Trademark shall inure to Register Event’s benefit.
22.1 Entire Agreement.
This ToS constitutes the entire agreement between you and Register Event and governs your use of the Services as an Organiser, superseding any prior or contemporaneous agreements, proposals, discussions or communications between you and Register Event on the subject matter hereof, other than any written Agreement, Register Event Equipment Lease Agreement or Addendum Agreement between you and an authorised officer of Register Event relating to a specified event or events. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party Content or third party software or the Services in a manner other than as governed by this ToS.
22.2 Choice of Law.
This ToS and the provision of the Services to you are governed by the laws of the Republic of South Africa, as such laws are applied to agreements entered into and to be performed entirely within South Africa.
Any controversy or claim arising out of or relating to this ToS or the provision of the Services shall be exclusively settled by binding arbitration in accordance with the commercial arbitration rules of the Arbitration Foundation of South Africa. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Johannesburg, South Africa, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Subject to the foregoing arbitration provision, you and Register Event agree to submit to the personal jurisdiction of the courts located within the Johannesburg, South Africa. Either you or Register Event may seek any interim or preliminary relief from a court of competent jurisdiction in Johannesburg, South Africa, necessary to protect the rights or property of you or Register Event (or its agents, suppliers, and subcontractors) pending the completion of arbitration.
22.4 Waiver; Invalid Provisions.
The failure or delay of Register Event to exercise or enforce any right or provision of this ToS shall not constitute a waiver of such right or provision. No oral waiver, amendment or modification shall be effective under any circumstance whatsoever. If any provision of this ToS is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this ToS shall remain in full force and effect.
22.5 Time to File Claim.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this ToS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in this ToS are for convenience only and have no legal or contractual effect.
Please report any violations of this ToS by email to firstname.lastname@example.org.