Terms of Use and Disclaimer

Terms of Use and Disclaimer

All references to “the Company”, “we”, “us” and “our” in these terms and conditions are deemed to refer to Gambling Indaba Proprietary Limited, registration number 2015/037089/07, a limited liability company incorporated in the Republic of South Africa and having its registered postal address at 186 Columbine Avenue, Mondeor, Johannesburg, Gauteng, South Africa

All references to “you” and “your” are deemed to refer to any user and/or visitor of www.gamblingindaba.com and other related URLs (“Website”).

1 ACCEPTANCE OF TERMS

The Company permits the use of the Websites subject to these terms and conditions (“Terms and Conditions”). By using the Websites in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use the Websites if you do not agree to the Terms and Conditions.

2 USE OF THE WEBSITES

2.1 You may only use the Websites if you are 18 years of age or older.

2.2 You agree that you will not use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Websites. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Websites or the information contained herein, without the prior written consent from an authorised Company representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to the Websites).

2.3 You may not use the Websites to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.

2.4 You may not display, publish, copy, print, post or otherwise use the Websites and/or the information contained therein for the benefit of any other website without the express prior written consent of an authorized Company representative.

3 OWNERSHIP AND COPYRIGHT

3.1 The contents of the Websites, including any information, software, icons, text, graphics, lay-outs, images, sound clips, trade names, logos, trade marks and service marks are protected by law, including but not limited to copyright and trade mark law, and are owned by or licensed to the Company.

3.2 No licence to or right in any of such contents is granted to or conferred upon you. Any unauthorised use, distribution or reproduction of the said contents is prohibited.

3.3 The Websites allows you to download material, logos and trade marks of third parties. All intellectual property rights in the material, logos and trade marks remain with the third party concerned. By downloading any such material from the Websites, you do not obtain any intellectual property rights therein. The Company grants you a non-exclusive, perpetual license to display the material on your personal computer only. You may not share any downloaded material with others.

4 WEBSITES DISCLAIMER

4.1 Any person who accesses the Websites or relies on the Websites or on the information contained in the Websites does so at his or her own risk.

4.2 While the Company takes reasonable measures to ensure that the contents of the Websites are accurate and complete, the Company makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Websites or as to the accuracy, completeness or reliability of any information on the Websites.

4.3 All INFORMATION PROVIDED ON THE WEBSITES IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, OR NON-INFRINGEMENT, AS MAY BE ALLOWED IN LAW.

4.4 The Company does not accept any responsibility for any errors or omissions on the Websites.

4.5 In addition to the disclaimers contained elsewhere in these Terms and Conditions, the Company also makes no warranty or representation, whether express or implied, that the information or files available on the Websites are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise or jeopardise the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way.

4.6 You expressly acknowledge and agree that the Company does not provide gambling advice. The Websites are not a gambling forum and does not facilitate gambling of any kind. ANY INFORMATION ON THE WEBSITES RELATING TO GAMBLING AND GAMBLING HABITS IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. You should not use the information provided on the Websites for gambling.

5 LINKED THIRD PARTY WEBSITES

5.1 The Websites may contain links or references to other websites (“Third Party Websites”) outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and the Company is not responsible for the practices and/or privacy policies of those Third Party Websites or the cookies that those sites may use.

5.2 Notwithstanding the fact that the Websites 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.

6 NO HYPERLINKS OR DEEP LINKING

6.1 You may not establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise, to the Websites or any subsidiary pages without the prior written consent of an authorised Company representative. If the Company elects to grant such consent, it may be granted subject to such conditions as the Company may specify from time to time.

6.2 Furthermore, you are not permitted to “deep link” to the Websites or to “frame” any part of the Websites.

7 PRIVACY POLICY

7.1 We recognize the importance of protecting your privacy in respect of personal information collected by us when you use the Websites.

7.2 By continuing to use the Websites you agree to the terms and conditions set out in the Privacy Policy and you consent to us collecting and using your personal information for the purposes set out in the Privacy Policy. If you do not agree to the Privacy Policy please do not continue to use the Websites.

7.3 Should you decide to make use of our Websites, the types of personal information that we may collect from you includes information necessary for our legitimate business interests. This may include (amongst other things) the following:

7.3.1 your name and surname;

7.3.2 your email address;

7.3.3 mobile phone number;

7.3.4 country of origin;

7.3.5 address;

7.3.6 organization; and

7.3.7 payment details (for example, your credit card).

7.4 We may collect your personal information in several ways, including when register or sign up on the Websites, make use of the payment services, browse the Websites or we carry out demographic research. The supply of your personal information is voluntary, however you acknowledge that we cannot make certain services available to you on the Websites if you do not wish to supply such personal information.

7.5 You agree to provide accurate, truthful and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything. Failure to adhere to this requirement will entitle the Company, inter alia, to terminate your use of the Websites.

7.6 The purposes for which we will use your personal information are as follows: to contact you regarding current and/or future events, to inform you of new features, special offers and promotional competitions (provided you have consented to receiving such marketing material), to notify or verify you of amounts payable for security, administrative or legal purposes, for helping us in any future dealings with you and generally to improve your experience on our Websites.

7.7 Should you no longer wish to receive marketing communications from us, you may send us an email with the words “Stop subscription” in the subject field and include in the body of the message [Registered Email Address]” to [Insert email address] Your cancellation will be effected on the first business day after you have notified us of your cancellation.

7.8 The Company will not use your personal information for any purpose (other than as stated above) without your express consent. We will not use or disclose your personal information to third parties without your consent, unless the use or disclosure is –

7.8.1 required in order to comply with applicable law, order of court or legal process served on the

7.8.2 disclosure is necessary to protect and defend the rights or property of the Company.

7.8.3 We will be entitled to disclose your personal information to those of our affiliates, agents, Company; and/or advisors, employees and/or third party service providers and suppliers (including payment providers) who assist us to interact with you via our Websites, mobile communications and/or email, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently. We will ensure that all such employees and/or third party service providers having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to your personal information. We will also share your personal information with government or law enforcement agencies where the law requires that we disclose your personal information, and where we have reason to believe that a disclosure of your personal information is necessary to identify, contact or bring legal action against a party who may be in breach of the Terms and Conditions.

7.9 We will:

7.9.1 treat your personal information as strictly confidential;

7.9.2 take appropriate technical and organisational measures to ensure that your personal information

7.9.3 promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;

7.9.4 provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and

7.9.5 upon your request, promptly return or destroy any and all of your personal information in our possession or control.

7.10 We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.

7.11 You may request access to the personal information which we collect from you, including to rectify the information, or object to its processing by sending an email to us at [Insert email address]. You also have the right to lodge a complaint with the information regulator if you think we are in breach of any applicable data protection legislation.

7.12 We may, from time to time, transfer, store or host your personal information on servers outside of South Africa. We will at all times ensure that appropriate security safeguards are in place to secure and protect such personal information.

7.13 All personal information that you provide to us is subject to our Privacy Policy which is set out in this clause 7 above, however, due to the nature of the Internet, we cannot guarantee that your communications will be free from unauthorised access by third parties. Accordingly, TO THE EXTENT ALLOWED BY LAW WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES ARISING FROM THIRD PARTIES’ UNAUTHORISED ACCESS OF YOUR DATA.

7.14 If this Privacy Policy or any provision in this Privacy Policy is regulated by or subject to the Protection of Personal Information Act (“POPI”) or other data protection legislation it is not intended that any provision of this Privacy Policy contravenes any provision of POPI or other data protection legislation. Therefore all provisions of this Privacy Policy must be treated as being qualified, to the extent necessary, to ensure that the provisions of POPI or other data protection legislation are complied with. is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access; your personal information; on reasonable notice and request; and possession or control.

8 LIMITATION OF LIABILITY

8.1 YOU AGREE THAT YOUR USE OF ANY SITE, CONTENT OR SERVICE IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT ALL SITES, CONTENT AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. THE CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE CONTENT (INCLUDING EVENT PROGRAMS). SAVE AS PROVIDED IN THESE TERMS, NEITHER WE NOR OUR SUPPLIERS AND LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES AND, TO THE FULLEST EXTENT ALLOWED BY LAW, EXCLUDE ALL IMPLIED WARRANTIES (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE) REGARDING (A) THE SUITABILITY OF THE INFORMATION; (B) THE ACCURACY, AVAILABILITY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SITES, CONTENT OR SERVICES; OR (C) THE RESULTS OBTAINED FROM ACCESSING AND USING ANY SITE, SERVICE OR CONTENT. FURTHER, WE DO NOT REPRESENT OR WARRANT THAT (A) THE FUNCTIONS CONTAINED IN THE SITES OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (B) DEFECTS WILL BE CORRECTED; (C) THE SITES, THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR (D) THE USE OF ANY OF THE CONTENT WILL NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.

8.2 YOU HEREBY INDEMNIFY THE COMPANY AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THE WEBSITES AND/OR ANY LINKED THIRD PARTY WEBSITE.

9 CHANGES TO THESE TERMS AND CONDITIONS

The Company reserves the right to update and/or amend the Terms and Conditions from time to time and without any notice, and you are accordingly encouraged to check the Websites regularly. Any such change will only apply to your use of the Websites after the change is displayed on the Websites. If you use the Websites after such updated or amended Terms and Conditions have been displayed on the Websites, you will be deemed to have accepted such updates or amendments.

10 AVAILABILITY AND TERMINATION

10.1 We will use reasonable endeavours to maintain the availability of the Websites, except during scheduled maintenance periods, and reserve the right to discontinue providing the Websites or any part thereof with or without notice to you.

10.2 The Company may in its sole discretion terminate, suspend and modify the Websites, with or without notice to you. You agree that the Company will not be liable to you in the event that it chooses to suspend, modify or terminate the Websites.

11 PAYMENT

11.1 These terms and conditions govern the payment by you to the Company for your attendance of the event (“registration fee”). We will in any event confirm your registration and your details via email or mobile communication, along with a unique reference number (“booking confirmation”).

11.2 The registration fee includes access to the conference, expo, networking opportunities and post conference activities to be announced during the event. However the registration fee excludes all travel and accommodation fees.

11.3 Payment of the registration fee must be made within 7 days of receiving the booking confirmation or immediately if booking/registration is made within 7 days of the commencement date of the event. We reserve the right to refuse admission if payment is not received on time.

11.4 You may contact us via email on sales@gamblingindaba.com to obtain a record of your transaction.

11.5 Should you be unable to attend the event, a substitute delegate is welcome to attend on your behalf at no extra cost. You must send a notice to request the substitution to our sales team before the commencement date of the event.

11.6 We take the security of your payment and personal information seriously. In this regard, we take all reasonable steps to ensure the integrity and security of the site and back office applications.

12 CANCELLATION POLICY

12.1 Cancellation policy

12.1.1 If you cancel in writing within 7 days after receiving the booking confirmation, we will refund

12.1.2 If you cancel in writing more than 7 days after receiving the booking confirmation, we will you the full amount paid by you at the date we receive the cancelation notice, charge a cancellation fee of 50% of the amount paid by you at the date we receive the cancellation notice; and amount paid by you at the date we receive the cancelation notice.

12.1.3 If you cancel within 7 days before the event we will charge a cancellation fee of 100% the

12.2 There shall be no refund if you fail to attend the event.

12.3 All cancellation notices must be in writing and sent by email to sales@gamblingindaba.com with the words “Cancellation: [The event name]” in the subject field and include in the body of the message [Your Name and Reference Number]”.

13 BREACH

13.1 If any party (“Defaulting Party”) breaches any of these terms and conditions and fails to remedy such breach within 14 (fourteen) days of receipt of notice to remedy the breach, the aggrieved party shall be entitled to claim specific performance or to cancel this agreement forthwith upon written notice to the defaulting party, without prejudice to its right to recover:

13.1.1 any amounts that may be due to it in terms of this agreement; and

13.1.2 any loss or damage suffered as a consequence of the breach or the cancellation of this agreement.

 

14 ADDRESSES AND DOMICILIA

14.1 The Company hereby selects the address set out above as its address for the service of all formal notices and legal processes in connection with these terms and conditions of sale (“domicilium”). You hereby select the address/contact details you provided on the registration page as your domicilium. Either party may change its domicilium to any other physical address by not less than 7 days’ notice in writing to the other party. Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent –

14.1.1 by hand will be deemed to have been received on the date of delivery;

14.1.2 by prepaid registered post, will be deemed to have been received 10 days after the date of posting; and

14.1.3 by email will be deemed to have been on the date indicated in the “Read Receipt” notification. posting; and ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.

15 GOVERNING LAW

These Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Websites will constitute your 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 these Terms and Conditions.

16 GENERAL

16.1 You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.

16.2 Any failure on the part of you or the Company to enforce any right in terms hereof shall not constitute a waiver of that right.

16.3 If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.

16.4 No indulgence, extension of time, relaxation or latitude which any party (“the grantor”) may show grant or allow to the other (“the grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.

16.5 These Terms and Conditions contain the whole agreement between you and the Company relating to the subject matter hereof and no other warranty or undertaking is valid, unless contained in these Terms and Conditions.

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