1. THIS IS AN IMPORTANT DOCUMENT THATLIMITS YOUR RIGHTS. PLEASE PAY CLOSE ATTENTION TO CAPITALISED TEXT.
2. The conditions set out below(“Conditions”) govern your relationship with Whisky Live (Pty) Ltd. (“WL”), theorganiser of the Whisky Live Festival (“the Festival”) and Whisky LiveCelebrations (“the Celebration”), in relation to your attendance at, and allgenuine tickets issued in relation to, the Festival or the Celebration. Bypurchasing or using or attempting to use any genuine tickets issued in relationto the Festival or the Celebration (“Ticket/s”), or by attending the Festivalor the Celebration, you irrevocably agree to be bound by these Conditions.
3. In addition to these Conditions, youagree to adhere to the rules and regulations of any venue hosting the Festivalor the Celebration (“Venue”), which are available on request from any Venue andwhich are incorporated into these Conditions. These Conditions aresupplementary to and incorporate any terms and conditions provided by ourticketing agents such as TicketPro. In the event of there being any conflict orambiguity between these Conditions and any rules and regulations of any Venueor our ticketing agents, these Conditions will prevail.
4. You may not use, sell, offer forsale, transfer or dispose of any Ticket except where the sale, transfer ordisposal is for a value less than or equal to the original price of the Ticket;and the ticket is not offered for sale, transfer or disposal publically(including online) and the use, sale, transfer or disposal is not in the courseof any business or the facilitation of or promotion of any business or anycommercial or other enterprise; and any purchaser or transferee is given noticeof these Conditions and the sale, transfer or disposal is made subject to theseConditions.
5. You may not behave violently,harmfully, disruptively or in any manner contrary to law, public order and/orsafety at the Festival or the Celebration. You may not take any weapon, alcohol(other than Festival- or Celebration-supplied alcohol), illegal substance, orany item that WL or its agents or assigns may in their sole discretion deemdangerous or potentially dangerous to other persons attending the Festival orCelebration, into any Venue. You may not engage in any form of ambush marketingnor any marketing, promotional, advertising or commercial activity whatsoeverwhilst in any Venue without the prior written authorisation of WL. Anyunauthorised marketing, promotional, advertising or commercial items, includingitems offered for sale, may be confiscated and destroyed at the sole directionof WL, its agents or assigns. You consent to WL, its agents or assigns or anyVenue staff conducting a search of your person or possessions for the purposeof detecting non-compliance with these Conditions.
6. A Ticket shall only permit you toparticipate in the Festival or the Celebration to the extent indicated on theTicket and access to areas or participation in events or activities notpermitted by a Ticket is forbidden.
7. Your Near Field Communication VoucherCard remains the property of TicketPro and you are required to hand it backwhen leaving the venue. Should you wish to return to the venue, you may requestit back; however, you may not leave the venue with it, nor does your ticketentitle you to claim ownership of it.
8. ALCOHOLIC DRINKS WILL BE ON OFFERFOR CONSUMPTION AT THE FESTIVAL AND THE CELEBRATIONS. THE CONSUMPTION OFALCOHOL CAN BE DETRIMENTAL TO YOUR HEALTH AND CAN RESULT IN SERIOUS ILLNESS,INJURY OR DEATH AND YOU ARE ADVISED TO FAMILIARISE YOURSELF WITH THE ASSOCIATEDRISKS PRIOR TO DOING SO. YOU WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE.
9. TO THE MAXIMUM EXTENT PERMISSIBLE ATLAW, YOU ACKNOWLEDGE THAT YOUR ATTENDANCE AT THE FESTIVAL OR THE CELEBRATIONAND ANY VENUE IS ENTIRELY AT YOUR OWN RISK AND THAT NEITHER WL NOR ITS AGENTS ORASSIGNS WILL BE LIABLE FOR ANY LOSS, DAMAGE, INJURY, HARM OR DEATH (WHETHER INRELATION TO YOUR PERSON OR PROPERTY) ARISING FROM AND/OR OCCURING DURING YOURATTENDANCE AT THE FESTIVAL OR CELEBRATION OR ANY VENUE.
10. TO THE MAXIMUM EXTENT PERMISSIBLEAT LAW, YOU HEREBY INDEMNIFY AND HOLD WL AND ITS AGENTS AND ASSIGNS HARMLESSAGAINST ALL LOSS, DAMAGE AND LIABILITY ARISING FROM ANY BREACH OF THESECONDITIONS OR ANY VENUE RULES AND REGULATIONS AND/OR YOUR CONDUCT ANDATTENDANCE AT THE FESTIVAL OR CELEBRATION.
11. The information you provide to WL orits ticketing agents upon purchasing or obtaining your Ticket is collected andstored by WL and its agents or assigns for the purpose of identifying you asthe Ticket holder and for access control, security, administration andenforcement purposes. YOU CONSENT TO WL COLLECTING, PROCESSING, USING ANDSTORING THIS INFORMATION, AND TO THE TRANSFER OF THIS INFORMATION TO THIRDPARTY SERVICE PROVIDERS, FOR THE AFOREMENTIONED PURPOSES. YOU ALSO CONSENT TOWL SENDING YOU MARKETING, ADVERTISING AND PROMOTIONAL MATERIAL VIA EMAIL, ONLYRELATING TO THE FESTIVAL, CELEBRATION AND ANY OF ITS ASSOCIATED ENTITIES, FOREXAMPLE THE WHISKY COLLECTIVE AND OR WHIZZKY APPLICATION, AND FUTURE FESTIVALS,CELEBRATIONS AND THE OFFERINGS OF OUR PARTNERS AND SPONSORS FOR THE FESTIVAL,CELEBRATIONS AND ASSOCIATED ENTITIES, SUBJECT TO YOUR RIGHT TO OPT OUT OF SUCHCOMMUNICATION USING THE METHOD PROVIDED IN ANY SUCH COMMUNICATION.
12. YOU ACKNOWLEDGE THAT, WHILST AT THEFESTIVAL OR CELEBRATION, YOU ARE LIKELY TO BE RECORDED BY A NUMBER OF MEDIA(INCLUDING PHOTOGRAPHS, VIDEO AND AUDIO) AND YOU IRREVOCABLY CONSENT, ON AROYALTY FREE, TRANSFERABLE BASIS, TO WL, ITS AGENTS, ASSIGNS OR MEDIA PARTNERS,USING YOUR IMAGE, VOICE, AND/OR LIKENESS SO RECORDED IN ANY MARKETING,PROMOTIONAL OR ADVERTISING MATERIAL WHATSOEVER, WORLDWIDE, AND YOU AGREE THATALL INTELLECTUAL PROPERTY RIGHTS IN AND TO ALL SUCH RECORDINGS SHALL BE OWNEDBY THE RECORDING PARTY OR ITS ASSIGNS.
13. YOU CONSENT TO WHISKY LIVE (PTY)LTD., SITUATED AT PINMILL FARM, 164 KATHERINE STREET, SANDTON, COLLECTING ANDPROCESSING THE PERSONAL INFORMATION YOU PROVIDE TO US, INCLUDING DETAILS AS TORACE AND ETHNIC ORIGIN. YOU MAY WITHDRAW YOUR CONSENT AT ANY TIME. THE PURPOSEFOR WHICH WL WILL USE YOUR INFORMATION IS TO PROVIDE EXHIBITORS AND OTHERINTERESTED PARTIES WITH FEEDBACK AS TO THE TYPE OF PERSON VISITING WL EVENTS,AND SAMPLING AND PURCHASING PATTERNS AND TRENDS. THE INFORMATION WILL ALSOENABLE US AND OUR EXHIBITORS TO PROVIDE YOU WITH MARKETING MATERIAL WHICH ISRELEVANT TO YOU. SAVE AS MENTIONED, WE WILL NOT SHARE YOUR PERSONAL INFORMATIONWITH ANY THIRD PARTIES.
14. The Festival and Celebrations consistto a large extent of third parties exhibiting their wares. Furthermore, whilstWL will endeavour to provide you with an enjoyable Festival or Celebrationexperience, problems may arise, mistakes may be made and timings may be off.All warranties as to the quality of Festival or Celebrations are thereforedisclaimed by WL, to the maximum extent permissible at law.
15. WL cannot guarantee that the Festivalor Celebration will take place at the date, time and Venue indicated on theTicket, or at all, and reserves the right to make alterations to the time, dateand Venue in the event of unforeseen or other circumstances. In the event ofsuch alteration or if the Festival or Celebration does not take place at thedate, time or Venue indicated on the Ticket, or at all, WL’s liability, to themaximum extent permissible at law, shall be limited to the original price paidfor the Ticket by the original Ticket holder, which shall only be payable tothe original Ticket holder and only at WL’s sole discretion.
16. Without limitation to any of WL’srights in terms of these Conditions or otherwise at law, any breach of theseConditions or any Venue rules and regulations or any terms and conditions ofour ticketing agents or any applicable law shall entitle WL and its agents orassigns to cancel the relevant Ticket and to refuse you admission to or evictyou from any Venue without any obligation to refund the price paid for your Ticketor to pay you any compensation whatsoever.
17. Each provision of these Conditions isseverable from the other provisions.
18. These Conditions should beinterpreted and qualified to the extent necessary to ensure compliance with theConsumer Protection Act 68 of 2008, as amended
Version number: 2
Effective date: 2 February 2016
These terms make reference to sections ofthe Electronic Communications and Transactions Act, 25 of 2002 (hereinafter“the ECT Act”), promulgated in the Republic of South Africa, a copy of whichmay be obtained at http://www.internet.org.za/ect_act.html.
The use this website is at your own risk.
Nothing on this website is intended as anoffer to do business.
Whilst we endeavour to ensure that theinformation on this site is accurate and complete, we make no warranties aboutthe accuracy, reliability, completeness or timeliness of information publishedon this website.
Whilst we endeavour to ensure that ourwebsite is always accessible, we make no warranties or representations as tothe level of uptime or speed of access that can be expected.
The information on this website is intendedfor general information purposes only and is not intended to serve asfinancial, legal or other advice.
TO THE MAXIMUM EXTENT POSSIBLE UNDERAPPLICABLE LAW, WE DISCLAIM LIABILITY FOR ANY CLAIM, LOSS, INJURY OR DAMAGEARISING OUT OF OR IN CONNECTION WITH THE USE OF INFORMATION AND/OR GOODS AND/ORSERVICES AVAILABLE FROM OR THROUGH THIS WEBSITE, WHETHER DIRECT OR INDIRECTINCLUDING, WITHOUT LIMITATION, ANY LIABILITY RELATING TO ANY LOSS OF USE,INTERRUPTION OF BUSINESS, LOST PROFITS OR LOST DATA, OR INCIDENTAL, SPECIAL ORCONSEQUENTIAL DAMAGES OF ANY KIND.
YOU UNDERTAKE TO INDEMNIFY US FROM ANYCLAIM, LOSS, DAMAGE OR INJURY OF WHATSOEVER KIND THAT MAY ARISE OUT OF OR INCONNECTION WITH YOUR USE AND/OR PUBLICATION OF INFORMATION ON THIS WEBSITEAND/OR THE PURCHASE OR USE OF GOODS AND/OR SERVICES AVAILABLE FROM OR THROUGHTHIS WEBSITE.
SALE OF LIQUOR
To the extent that this website may market,promote or advertise the sale of liquor, it is not intended for persons underthe age of 18 years and you are advised that liquor may not by law be sold orsupplied to persons under the age of 18 years.
In the event that we issue you with logincredentials:-
it is your responsibility to ensure thesecrecy of your login credentials;
any activity on our website authenticatedwith your login credentials shall be deemed binding on and attributable to you;and
unless otherwise agreed in writing, we maysuspend or terminate access to any services on our website without notice toyou.
In terms of section 86 of the ECT Act youare notified that it is a criminal offence to gain unauthorised access to anyrestricted areas of this website or to otherwise interfere with the properfunctioning thereof.
The proprietary information on this websitemay be downloaded or printed for your own non-commercial use only, provided youdo not delete or change any copyright, trademark, or other proprietary notices,or distort or otherwise modify the proprietary information in a manner that maybe prejudicial to us.
In respect of any submitted data, whichshall include, without limitation, information, data and media:-
you agree to extend to us a perpetual,royalty-free licence to publish such submitted data on our site;
we will be entitled to treat such submitteddata as non-confidential; and
you warrant and represent that submitteddata shall not infringe any party’s rights or contravene any applicablelegislation.
PRIVACY OF PERSONALLY IDENTIFIABLEINFORMATION
Otherwise than set out in clause 6.2 and6.3 below, we will not disclose any personally identifiable or payment-relatedinformation (collectively “personal information”) to third parties withoutobtaining your prior consent.
We reserve the right to disclose aggregateand personally non-identifiable information to third parties.
We will not be prohibited from makingpersonal information available within our group of companies or to ourmarketing agents for our marketing purposes.
LINKING AND FRAMING
You may not establish a link to thiswebsite from a third party site, unless:
The link does not imply any association,endorsement or sponsorship by usof such website or any products or servicesoffered on such site.
The linked pages from the website aredisplayed without alteration of any kind; specifically, you may not cause auser's web browser to display a "framed" version of this web site inresponse to activating a link.
AUTOMATED ACCESS AND RESALE
Other than bona fide public search engines,you may not access any pages in this website using a computer program or anelectronic or other automated means used independently to initiate an action orrespond to data messages or performances in whole or in part, including,without limitation, any web spiders, crawlers, or similar technologies.
You may not in any manner resell thisservice, unless expressly authorised to do so in writing.
RESPONSIBLE USE OF WEBSITE
To the extent possible on this website, youmay not use this website or any related hosting infrastructure to:-
send or post unsolicited commercialcommunications;
publish information or material that:-
contains a visual presentation of explicitviolent sexual conduct, bestiality, incest or rape or extreme violence whichconstitutes incitement to cause harm;
results in any unreasonable invasion ofprivacy;
induces an unacceptable sense of fear oranxiety;
encourages or incites any person to engagein dangerous practices or to use harmful substances;
induces or promote racial disharmony;
causes grave or widespread offence;
debases, degrade or demeans; or
is unacceptable in our view.
Any communication or material you transmitto us by electronic mail or otherwise, including, but not limited to, any data,questions or answers, comments, suggestions, or the like, will be treated asnon-confidential and non-proprietary by us, unless expressly agreed otherwisein writing.To the extent that your submissions may be published on thiswebsite, such publication shall at all times be subject to our discretionwhether to display, edit or delete such submissions.
Electronic communications shall only bedeemed to have been received if and when responded to in a manner, other thanby way of an automated response.
Electronic communications, including allattachments thereto, transmitted to you by usare subject to the followingspecific terms:-
Information contained in electroniccommunications must be regarded as confidential and intended solely for the useof the intended recipient. Any unauthorised disclosure, copying, distributionor action in reliance upon the contents of this electronic communication isstrictly prohibited and unlawful.
Whilst we employ virus filtering, weprovide no guarantees or warranties that electronic communication will bevirus-free. You are accordingly advised to employ your own virus scanningtools.
The views expressed in any electroniccommunications transmitted are those of the individual sender, unless thecontext clearly provides otherwise.
Subject to clause 12 below, this Agreementshall be governed by and construed and interpreted in accordance with the lawof the Republic of South Africa. The parties agree that the High Court of SouthAfrica, Cape Division, shall have exclusive jurisdiction to hear any disputesthat may arise from this Agreement.
For the purpose of all proceedings hereunderthe parties consent to the jurisdiction of the magistrates’ court havingterritorial jurisdiction, notwithstanding that such proceedings are otherwisebeyond its jurisdiction. This clause shall be deemed to constitute the requiredwritten consent conferring upon the said court pursuant to section 45 of theMagistrates’ Court Act, 1994, provided, nevertheless, that any party shall havethe right at its sole option and discretion to institute proceedings in anyother competent court.
We reserve the right to revise these termsof use at any time, with the revised terms taking effect as of the date of itsposting.
A certificate signed by the administratorof this website shall be prima facie proof of the date of publication andcontents of any version of these terms that may be applicable to a dispute orotherwise.
Should we instruct legal representatives totake any steps to enforce any rights in terms of these terms arising from abreach thereof, then you will be liable for all legal and incidental costs,including legal fees on the attorney and own client scale, collectioncommission and tracing charges.
The following information is disclosed interms of section 43 of the ECT Act and section 51 of the Companies Act, 61 of1973:-
Full name and legal status: WhiskyLive (Pty) Ltd
Registration number: 1986/003559/07
Names of office bearers: WhiskyLive (Pty) Ltd
Place of registration: Republicof South Africa
Physical address: PinmillFarm, 164 Katherine Street, Sandton, 2191
Telephone number: 010 9002024
Website address: www.whiskylive.co.za
The physical address where we will receivelegal service of documents. Pinmill Farm, Block G, 164 Katherine Street,Sandton, 2191.
Alternative dispute resolution code towhich we subscribe and how the wording of that code may be accessedelectronically (if any) None.
Membership of any self-regulatory oraccreditation bodies to which that supplier belongs or subscribes and thecontact details of that body; (if any) None.
Code of conduct to which that suppliersubscribes and how that code of conduct may be accessed electronically (if any) None.
When any number of days is prescribed inthis agreement, same shall be reckoned exclusively of the first and inclusivelyof the last day unless the last day falls on a Saturday, Sunday or publicholiday, in which case the last day shall be the next succeeding day which isnot a Saturday, Sunday or public holiday.
You warrant your legal capacity andauthority to accept these terms.