Hospitality and Events
Please read these terms and conditions carefully. If you do not accept our terms and conditions, you may not use our services.
Please also note that our terms and conditions contain specific provisions to limit our liability or our liability to you or constitute Acknowledgment of facts by you.
Some of these terms and conditions have been set out in capital letters and you should pay particular attention to these terms since they Limit your ability to recover losses that you may incur in connection with the use of our services.
Where you are making any purchases for services or goods of a third party, please note that these are operated independently of equus group And Equus group does not endorse that third party or its event, does not control or determine delivery, prices, availability of such third Party’s offering and those services and goods would be subject also to the terms and conditions of such third party.
You are required to Familarize yourself with such terms and conditions and to contact the relevant third party if you are dissatisfied with such third party’s Performance or delivery.
It is particularly important to pay attention to equus group’s cancellation and refund policies and those of third parties referred to above Since in certain instances, including but not limited to events or bookings which take place outside of south africa, no refunds may be payable And/or cancellation penalties may apply. We may update our terms and conditions from time to time and in the event that we do so, the updated/ Revised terms and conditions will be published on our website.
Definition
In this Schedule –
1.1. “Agreement” means the Invoice and these Terms and Conditions;
1.2. “Appointed Sub-contractors” shall means those third-party suppliers appointed by EQUUS Group in respect of the Service, or part thereof, in accordance with clause 6.2;
1.3. “Attendees” means any person attending all or part of the Event for which the Service is being provided;
1.4. “Client” means the party described as such in the Invoice, which may be an individual or an incorporated entity and any reference to “you”, “your” and “yourself” herein shall have a corresponding meaning to “Client” as reflected on the Invoice;
1.5. “Event/s” shall refer to Hospitality Events, Private Events and/or Inhouse Experiences;
1.6. “Commencement Date” has the meaning ascribed thereto in clause 2.1;
1.7. “Fee” means the Fee to be charged by EQUUS Group as set out in the Invoice;
1.8. “Force Majeure Event” means any circumstance or event which is beyond the control of, or unforeseen by the party concerned, which could not reasonably have provided for against when entering into this Agreement, which having arisen, the party concerned could not have reasonably avoided or overcome, which may include, but shall not be limited to acts of God, fire, explosion, adverse or dangerous weather conditions, floods, earthquake, failure of energy sources or transport network, terrorism, riot, civil commotion, war, hostilities, strikes, lock outs, work stoppages, slow-downs, or other industrial disputes, accidents, riots or civil disturbances, acts of government, significant political or historical events, criminal action, vandalism, theft, lack of, or reduction of power supply, non-performance or delays by suppliers or materials shortages, or any occurrence which prevents EQUUS Group from performing its obligations under this Agreement (as determined by EQUUS Group in its discretion) ;
1.9. “Hospitality Event” means an event in terms of which EQUUS Group has been granted hospitality/hosting rights and EQUUS Group sells ticket/s for such hospitality event to the Client;
1.10. “Inhouse Experiences” means a service offered by EQUUS Group in terms of which EQUUS Group delivers a curated package of goods (which could include but may not limited to floral, décor, food, and related products and items) that has been purchased by the Client for delivery to the Client’s home, place of work and/or other private venue, and/or to the location of a third party(ies) as directed by the Client;
1.11. “Invoice” means the Invoice issued to the Client in respect of the Service to be rendered by EQUUS Group;
1.12. “EQUUS Group ” means EQUUS Group (Pty) Limited, the party described as such in the Invoice and being the provider of the Service and “we, “us” and “our” shall have a corresponding meaning; 1.13. “Private Event” means an event that is organized by EQUUS Group, specifically for the Client, including by way of example, a wedding or end of year function;
1.14. “Organizer” shall mean the owner, organizer and/or rights holder in respect of an Event;
1.15. “Service” means the service as provided by EQUUS Group and/or its Appointed Sub-contractors as set out in the Invoice, which may be in respect of a Private Event, or a Hospitality Event, or an Inhouse Experience or any other service provided by EQUUS Group, as specified;
1.16. “Terms and Conditions” means the terms and conditions set out in this document, read with the Invoice;
1.17 “Tickets” means primary event tickets, i.e tickets allocated to us directly by Event partners for sale by us or tickets purchased by us that we re-sell to you;
2. Offer and Acceptance
2.1 The acceptance by the Client of the Invoice, (“the Commencement Date”) shall constitute an agreement by the Client to purchase the Service in accordance with these Terms and Conditions.
2.2 The Client is responsible for ensuring the accuracy of all of the information in the Invoice.
2.3 Please note that the Tickets that you purchase as part of a Hospitality Event, are subject to these Terms and Conditions, the Website Terms of Use, as well as the Organizer’s terms and conditions, and any applicable rules to a particular event. The Client must familiarize itself with all relevant terms prior to making any booking or purchasing any Tickets through EQUUS Group. The Client is obliged to use its best endeavours to bring all terms referred to herein to the attention of any person/s to whom the Client distributes Ticket/s.
2.4 The Client acknowledges and accepts that EQUUS Group is at all times subject to the Organizer’s terms and conditions. Therefore, to the extent that the Organizer makes any changes of whatsoever nature to an Event, which changes are outside of EQUUS Group’s control, including but not limited to, a change of sponsor/s, EQUUS Group shall not be liable to the Client for any impact of any such changes and shall further not be liable to the Client for any penalty and/or refund in respect of the change/s to the Event.
2.5 The Client’s standard terms and conditions (if any) shall not govern the Agreement and these Terms and Conditions shall prevail to the exclusion of any other terms that the Client seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing or otherwise.
3. Service
3.1. Subject to clause 12.5, EQUUS Group shall use reasonable endeavours to supply the Service from the Commencement Date.
3.2 Depending on the nature of the Service to be provided to you, as set out on the Invoice, the Service shall be directed by the event manager or such other suitably qualified person appointed by EQUUS Group.
3.3 EQUUS Group shall be entitled but not obliged to make changes to the Service which are necessary to comply with any applicable laws or safety requirements.
3.4 In respect of Private Events, EQUUS Group shall provide administrative assistance with the management of the event budget. However, notwithstanding the foregoing, the Client shall be solely responsible for the overall management of the budget associated with the Private Event and shall be solely responsible for any loss incurred.
3.5 In respect of Events or any other services for which EQUUS Group has been engaged, the Client may, from time to time, request EQUUS Group in writing, whether via email or otherwise, to provide services in addition or to increase the services set out in the Invoice (“Additional Services”). Upon receipt of such a request/s EQUUS Group will confirm to the Client in writing, whether it will provide such Additional Services and if so, what terms will apply to the Additional Services and the cost in relation thereto (“Additional Services Terms”).
3.6 Upon receipt by EQUUS Group of the Client’s written confirmation of the Additional Services Terms, EQUUS Group will commence with supplying the Additional Services and the terms of these Terms and Conditions shall similarly apply to such Additional Services, save for where there is a conflict between the provisions of these Terms and Conditions and the provisions of the Additional Services Terms, in which case the Additional Services Terms shall prevail to the extent of the conflict.
3.7 In the event that the event includes the sale of Tickets and the Client wishes to resell or use the Tickets for promotional purposes, then the Client will be obliged to obtain EQUUS Group’s prior written approval to do so. The Terms and Conditions as set out herein and specifically in clause
3.9 (Ticket Transfers) shall be applicable.
3.8 Ticket Confirmation: If you do not receive an order confirmation after submitting a reservation or payment information or if you experience any error message or service interruption after submitting a reservation or a payment information, it is the Client’s responsibility to contact us to resolve the issue and confirm whether or not an order has been properly placed. Only you may be aware of any problems that may occur during the reservation or purchase process and we will not be responsible for any loss, claim or expense which occurs as a result of a failure for an order to be validly placed, save in the event of our gross negligence or wilful conduct. In order to prevent fraud and to protect EQUUS Group, we reserve the right to carry out checks and/or requests for additional information to be provided in order to verify purchases. We reserve the right to cancel any reservations or orders that we reasonably suspect to have been made fraudulently, without any notice to you and all items obtained as part of such order will be void.
3.9 Ticket Transfers: We offer a Ticket transfer option to allow you to transfer Tickets. You should only transfer Tickets to those you know and trust (such as family or friends). If you wish to transfer Tickets, you will be required to contact us directly in order that we may facilitate such transfer. We reserve the right to cancel any transferred Tickets if we have grounds to suspect that the Tickets were transferred fraudulently, unlawfully or otherwise in violation of our Terms and Conditions. If any event is cancelled, rescheduled to materially altered only the original purchaser of the Ticket will be entitled to any refund in accordance with these Terms and Conditions.
3.10 With regards to Tickets purchases via EQUUS Group, we cannot be held responsible for anything relating to the Event which is outside of our control. This includes but is not limited, seat or other placement or location at the Event, or lost or damaged Tickets (which once collected are your sole responsibility).
3.11 Tickets may be sold subject to certain restrictions and the Client must familiarize her/himself about such restrictions (e.g a minimum age restriction) prior to making a purchase for such Tickets. We will not be responsible if you or any other guests under your booking are refused admission because of a failure to meet or prove any restrictions.
3.12 Tickets purchased from us may not be used by you or third parties for advertising, promotions, contests or sweepstakes or any other similar commercial purposes, and/or be combined with any other hospitality, travel or accommodation service and/or any other merchandise, product or service or package for sale, using either our trade marks or those of Event owners.
4. Client’s obligations
The Client shall:
4.1 co-operate with EQUUS Group in all matters relating to the Service;
4.2 provide, in a timely manner, such data and other information as EQUUS Group may require for the provision of the Service, and ensure that it is accurate in all respects;
4.3 not use the names, logos or any details of EQUUS Group other than in relation to the Event;
4.4 in respect of Private Events, comply with all health and safety requirements in terms of the applicable legislation, and in particular the Occupational Health and Safety Act, 1993 (the “Act”). Without limiting from the generality of the aforesaid, the Client shall have in place dedicated policies, procedures, management systems and all plans that ensure that appropriate health, safety, security and environmental standards in line with the requirements of the Act;
4.6 ensure that in relation to the Services and/or bookings made that all necessary travel (both local and international) documents, visas, travel insurance have been obtained and Client to ensure compliance with all other requirements, which shall be the sole responsibility of the Client for itself and including on behalf of any other party on whose behalf the Client has made a booking through EQUUS Group . Should any person fail to arrive at allocated times for bookings or scheduled departures, EQUUS Group cannot accept any responsibility for any losses, forfeitures as a result thereof and the Client, nor any such person, shall not be entitled to any refunds.
4.7 familiarize itself with all terms and conditions of bookings made through third parties, including in respect of events, accommodation, restaurants and other activities 4.8 ensure that all persons who are part of the booking arrive on time for all bookings; and 4.9 in all respects comply with the Agreement.
4.10 The Client acknowledges that attendees at the Hospitality Event for whom the Client purchased the tickets are required to conduct themselves in accordance with any rules or codes of conduct that are applicable to the event and the Client accepts that the conduct of attendees is outside of EQUUS Group’s control. The Client agrees that unless due to EQUUS Group’s wilful default or gross negligence, EQUUS Group and its representatives cannot be held liable for the attendees failure to comply with such rules and codes of conduct.
4.11 The Client acknowledges and accepts that to the extent that any third party makes any changes of whatsoever nature to an Event or booking (including but not limited to postponement or cancellation thereof), which changes are outside of EQUUS Group’s control, EQUUS Group shall not be liable to the Client for any impact of any such changes and shall further not be liable to the Client for any penalty and/or refund in respect of the change/s to the Event or booking. Specifically in relation to Inhouse Experiences, where any portion of the experience which is outside of EQUUS Group’s control is cancelled, postponed, or altered, the Client shall not be entitled to cancel the Service and shall not be entitled to any refunds and the full amount in respect of such Inhouse Experience shall be due to EQUUS Group.
4.12 Where the Client has purchased Tickets for any Event on behalf of other persons, the Client shall use its best endeavours to ensure that those persons are made aware of these Terms and Conditions and any terms and conditions of any tickets. EQUUS Group shall not be responsible for any losses occasioned by the Client’s failure to do so. Clause 12 provides for an indemnity by the Client in respect of any such third parties for whom it purchases Tickets.
5. Charges
5.1 In consideration for the Service, the Client shall pay the Fee to EQUUS Group (together with any Value Added Tax applicable).
5.2 EQUUS Group shall be entitled to adjust the Fee if any additional services are requested by the Client after the Commencement Date as referred to in clause 3.5.
5.3 EQUUS Group shall not be obliged to provide any services other than the Service as specified. Where bookings have been made to third party activities, the Client shall be liable for payment thereof directly to such third party.
5.4 In respect of bookings with third parties and/or for international events, EQUUS Group cannot control or determine delivery or prices and the Client cannot hold EQUUS Group responsible for any changes or inaccuracies and the Client shall be liable for any changes in prices, exchange rate fluctuations or unavailability which may occur which is not due to EQUUS Group.
5.5 Should the Client request EQUUS Group to assist it with obtaining or putting into place any of activities which are not specifically included in the Invoice, the charges associated with such activities will be for the account of the Client, payable on presentation by EQUUS Group to the Client of an invoice.
6. Additional Charges and Payments to Third Parties
6.1 Depending on the nature of the Event, the Fee may include a service and management charge and/or the cost of tickets, and expressly excludes any ancillary expenses reasonably and properly incurred by EQUUS Group in connection with the Service.
6.2 If EQUUS Group requires to sub-contract the provision of any part of the Service to Appointed Subcontractors, it shall, acting as an agent of the Client, be entitled in its discretion to appoint such subcontractors without having to obtain the prior consent of the Client.
6.3 In respect of Private Events, EQUUS Group shall not be liable to any third-party suppliers for payment, which charges shall be solely for the account of the Client.
6.4 if for any reason, the event and/or a sporting fixture or other event connected with an inhouse experience is cancelled, altered or postponed, in addition to the cancellation payable to equus group as stipulated in these terms and conditions, the client shall be liable for all payments made or due to third parties under the terms of this agreement and shall indemnify equus group in relation to the same, provided that equus group uses reasonable endeavours to mitigate any such costs.
7. Payment
7.1 The Invoice may provide for a deposit which, if applicable, shall be payable upon the date as stipulated. Should the Invoice not specify a deposit or other terms, the Client shall in respect of an event be liable for a deposit of 50% (fifty percent), payable on the Commencement Date.
7.2 The Client shall make all payments due under the Agreement on the dates and in the amounts as stipulated
7.3 If the Client fails to pay any amount due under the Agreement on the due date, EQUUS Group may, without derogating from the generality of its remedies, charge interest at an annual rate of 3% above the prime rate for the time being of its bankers for the period from the due date up to and including the date of receipt.
7.4 The Client shall notify EQUUS Group of any disputed amounts immediately (providing legitimate reasons for the dispute) but the Client shall nevertheless pay both the undisputed and disputed amounts on the due date thereof and may not withhold the disputed amount. In the event of any disputed amounts, the Parties undertake that notwithstanding clause 13.4, they will in good faith undertake resolve the dispute between themselves informally within 10 (ten) days of the Client advising that there is a disputed portion and should the dispute be resolved in the Client’s favour, EQUUS Group shall refund the disputed amount, or a part thereof, as the case may be.
7.5 All payments by the Client to EQUUS Group shall be made without deduction or set off and free of bank charges or exchange and of immediately available funds.
8. Cancellation by EQUUS Group
8.1. EQUUS Group shall be entitled, but not obliged, to cancel the Service (or any part thereof) if:
8.1.1 the Client materially breaches any of its duties or obligations under the Agreement;
8.1.2 the Client has requested a material change of the Agreement or Service which in EQUUS Group’s determination (acting reasonably) it is unwilling or unable to fulfil;
8.1.3 an administrator is appointed to the Client or in the event of the liquidation or receivership of the Client;
8.1.4 EQUUS Group is not satisfied with the Client’s credit status;
8.1.6 EQUUS Group is requested to cancel the event by order of any government or other public authority or by event or property owner where event is to be held; or
8.1.7 there is a Force Majeure Event.
8.3 In the event of a recurrence or persistence of any circumstances that necessitates the delays or prevents the performance of any of EQUUS Group’s obligation in respect of an Event, EQUUS Group shall in its discretion be entitled to elect to cancel or postpone the Event and shall not be liable to the Client or any individual for loss or damages arising from prevention or delay as a result of such circumstances. Save for any amounts paid which may be refundable to the Client in terms of this Agreement, the Client shall have no other claim whatsoever against EQUUS Group arising out of the postponement or cancellation of the Event as a result of circumstances contemplated in terms of this clause and it is recorded that any failure by EQUUS Group to act due to such circumstances arising shall not be construed as a breach of this Agreement. Furthermore, in respect of Inhouse Experiences, EQUUS Group shall not be obliged to cancel or postpone the Inhouse Experience as a result of the background sporting fixture or other event being cancelled, altered or postponed but shall be entitled to do so in its sole discretion. In the event of EQUUS Group relocating an event, as provided for in clause 8.2, it shall not be liable for any additional costs relating to the relocation of the event, which costs shall be for the Client’s account.
8.4 On termination of the Agreement not due to default on the part of EQUUS Group , and without derogating from the generality of EQUUS Group’s rights and remedies (including its right to claim its damages to the extent that such damages exceed the cancellation charges), the Client shall immediately pay to EQUUS Group all of EQUUS Group’s cancellation charges as set out in clause 9 of these Terms and Conditions, less any amounts already paid, which the Client accepts as being reasonable cancellation charges for work done by, and liquidated damages of EQUUS Group. It is agreed that a cancellation of the event by the event organiser or owner, or as a result of a force majeure event shall not constitute a default on the part of EQUUS Group. 8.5 Where the Service includes the purchase of any Tickets by Client, such Tickets shall, unless otherwise agreed by EQUUS Group in writing, be dealt with in accordance with clause
9. Cancellation by Client
9.1 Should EQUUS Group commit any material breach of any term, condition, undertaking or representation contained in this Agreement and:
9.1.1 should such breach be incapable of being remedied; or
9.1.2 should such breach be capable of being remedied, and should EQUUS Group fail to remedy such breach within seven (7) days after receipt of a written notice to that effect from the Client requiring the breach to be remedied, then the Client shall be entitled, without prejudice to any other rights which it may have in terms of this Agreement or at law, either:
9.1.3 to claim payment of an amount equal to the extent of the damage resulting to the Client from such breach; or
9.1.4 to claim specific performance of EQUUS Group’s obligations in terms of this Agreement.
9.2 Notwithstanding anything to the contrary herein contained, the Client shall not be obliged to perform any obligation or pay any amount in terms of this Agreement to EQUUS Group at any time whilst EQUUS Group is in material breach of this Agreement and the date for performance of any obligation or payment of any such amount by the Client shall be extended from the due date until the date upon which EQUUS Group remedies the breach in question.
9.3 Notwithstanding the provisions of this clause 9.1-9.2, Client may immediately terminate this Agreement at any time by giving written notice to EQUUS Group if:
9.3.1 EQUUS Group is, other than for the purposes of reconstruction or amalgamation, placed under voluntary or compulsory liquidation (whether provisional or final) or under the equivalent of any of the aforegoing; and
9.3.2 EQUUS Group commits an act of insolvency as contemplated in the Insolvency Act, 24 of 1936;
9.4 Any termination of this Agreement pursuant to the provisions of clause 21.3 shall be without prejudice to any claim which Client may have in respect of any prior breach of the terms and conditions of this Agreement by EQUUS Group .
9.5 The Parties agree that a cancellation or postponement of the Hospitality Event itself that is not due to EQUUS Group shall not constitute a breach of this Agreement for purposes of clause 9.1.
9.6 Should the Client cancel a “EQUUS Group Event” for any reason whatsoever:
9.6.1 More than 120 (one hundred and twenty) days prior to the event, the Client shall in addition to the deposit referred to in clause 7 above, also be liable for 50% (fifty percent) of the purchase price stipulated on the Invoice, payable on cancellation. Where Client has paid any amounts at the date of cancellation, EQUUS Group shall be entitled to retain such amount and refund the balance, if any, to the Client.
9.6.2 More than 90 (ninety) days prior to the event, but less than 120 (one hundred and twenty days) to the event, the Client shall in addition to the deposit referred to in clause 7 above, also be liable for 75% (seventy five percent) of the purchase price stipulated on the Invoice, payable on cancellation. Where Client has paid any amounts at the date of cancellation, EQUUS Group shall be entitled to retain such amount and refund the balance, if any, to the Client.
9.6.3 Less than 90 (ninety) days prior to the event, the Client shall in addition to the deposit referred to in clause 7 above, also be liable for the full purchase price stipulated on the Invoice and EQUUS Group , payable on cancellation. Where Client has paid any amounts at the date of cancellation, EQUUS Group shall be entitled to retain such amount and refund the balance, if any, to the Client.
9.7 Notwithstanding clause 9.6, the Client acknowledges that EQUUS Group has incurred costs in respect of hosting a Hospitality Event based, inter alia, on the Client’s booking and Client therefore agrees that all Tickets purchased in respect of Hospitality Events are non-refundable[MH|LL1] .
9.8 Notwithstanding clause 9.6, the Client acknowledges that EQUUS Group will have incurred costs in respect of preparing and delivering an Inhouse Experience, and Client therefore agrees that all tickets purchased in respect of an Inhouse Experience are non-refundable.
9.9 The amounts referred to in clauses 9.6.1 to 9.6.3 and 9.7 and 9.8 constitute reasonable cancellation penalties in respect of the cancelled Eventthat has been cancelled by the Client.
10. Intellectual Property Rights
10.1 As between the Client and EQUUS Group , all intellectual property rights and all other rights in and/or resulting from the provision of the Service shall be owned by EQUUS Group .
10.2 In addition to the provisions of clause 10.1, all intellectual property rights, including that of copyright, in respect of any ideas and/or concepts presented by EQUUS Group to the Client in respect of potential Services are the exclusive property of EQUUS Group .
10.3 Any intellectual property rights developed prior to or out of the scope of the Agreement shall remain the property of the party that introduced the same and such party shall grant to the other party, a non-exclusive, royalty free licence to use the same for the purpose of fulfilling their obligations under the Agreement.
10.4 If the Client provides any logos, trademarks, copyright or any materials (“Client IP”) to EQUUS Group for the purpose of delivering the Service, EQUUS Group shall have a licence to use the intellectual property rights in any such Client IP for the purpose of delivering the Service only.
10.5 The Client warrants that it has sufficient rights in Client IP to licence it to EQUUS Group under the Agreement and shall indemnity EQUUS Group against any and all loss incurred as a result of the use of such Client IP.
11. Confidentiality
11.1 The Client shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the Client by EQUUS Group , its employees, agents, consultants or subcontractors and any other confidential information concerning EQUUS Group ’ business or its products which the Client may obtain.
11.2 The Client may disclose such information:
11.2.1 to its employees, officers, representatives, advisers, agents or subcontractors who need to know such information for the purposes of carrying out the Client’s obligations under this Schedule; and 11.2.2 as may be required by law, court order or any governmental or regulatory authority
11.3 The Client shall ensure that its employees, officers, representatives, advisers, agents or subcontractors to whom it discloses such information comply with this clause.
11.4 The Client shall not use any such information for any purpose other than to perform its obligations under the Agreement.
12. Liability, Acknowledgments and Indemnity
12.1 except for intentional misconduct, gross negligence, fraud, bodily injury and death, for which equus group is found to be directly and solely liable for which liability shall not be limited; the entire liability of equus group in connection with the agreement, whether for negligence, breach of contract, misrepresentation or otherwise, is limited to an amount equal to the fee.
12.2 Subject to clause 12.1, EQUUS Group indemnifies and keeps indemnified the Client and its officers, employees and agents against all direct loss, claims of whatsoever nature, damage, liability, penalty, costs (including legal costs) and expenses suffered or incurred by the Client under contract, delict, breach of duties (statutory or otherwise) or any other basis and howsoever arising as a result of:
(a) a grossly negligent, fraudulent or intentionally wrongful act or omission by EQUUS Group under or in relation to this Agreement (including in the course of providing the Services);
(b) EQUUS Group (or its employees, agents, subcontractors) breaching or failing to comply (or Client being held liable or deemed to have breached or failed to comply as a direct result of a breach or failure by the EQUUS Group ) with any law;
(c) any material breach by EQUUS Group of any of the terms, conditions, representations or warranties contained in this Agreement, except to the extent that the loss, damage, liability, cost or expense is directly attributable to the negligence of the Client.
12.3 subject to clause 12.1, the liability of equus group in connection with the agreement, whether for negligence, breach of contract, misrepresentation or otherwise, shall not extend to any special, indirect or consequential damages or losses, or any loss of profits, loss of revenue, loss of data, loss of contracts or opportunity, whether direct or indirect, even if the client has advised equus group of the possibility of those losses, or if they were within equus group ’s contemplation.
12.4 the parties agree and the client warrants to equus group that it is not a “consumer” for purposes of the consumer protection act (cpa) and that the cpa shall therefore not be applicable to this agreement.
12.5 the client shall indemnify, keep indemnified and hold equus group harmless from and against all claims, actions, damages, liabilities and costs (including professional fees) which may be brought against or incurred or suffered by equus group , its employees or agents in connection with the service which arise as a result of or due to the actions, omissions, or negligence of the client, its employees or agents or others whom it is responsible.
12.6 the client shall indemnify, keep indemnified and hold equus group harmless from and against all claims, actions, damages, liabilities and costs (including professional fees) which may be brought against or incurred or suffered by the client, its employees or agents or attendees in connection with the client (and its representatives) failing to comply with any of its obligations set out in this agreement.
12.7 the client shall indemnify, keep indemnified and hold equus group harmless from and against all claims, actions, damages, liabilities and costs (including professional fees) which may be brought against or incurred or suffered by any individuals or third parties,incluing its employees in connection with the client (and its representatives) failing to bringing these terms and conditions to the attention of such individuals and/or third parties, in particular, without limitation, the cancellation terms set out in clause 9 above.
12.8 equus group shall not be liable to the client and/or the attendees for any consequential, indirect, special, punitive or incidental damages arising out of their attendance at the event, even if any such liability is incurred at a location which equus group has organised as alternative venue for delivery of the event and/or organised as part of the relevant social programme as part of the delivery of the service as specified above.
12.10 equus group gives notice that all arrangements for transport and conveyance, or for any other service, are made by equus group , upon the express condition that equus group shall not be liable for any injury, damage, loss, accident, delay or irregularity howsoever caused which might occur due to the act, omission fault or negligence of any suppliers or subcontractors engaged in carrying out contracted arrangements for the client.
12.11 the client shall effect and maintain adequate insurance cover (including professional indemnity insurance and event and public liability insurance) to cover all liabilities under the agreement, with a reputable insurer and shall, on equus group ’s request, produce both the insurance certificate giving details of cover and the receipt for the current year’s premium in respect of each insurance cover. Should equus group be dissatisfied with the insurer, the client shall on request obtain insurance from an insurer approved by equus group .
12.12 equus group shall effect and maintain adequate the insurance cover (including professional indemnity insurance and event and public liability insurance) as set out in schedule a to this agreement, with a reputable insurer and shall, on client’s request, produce both the insurance certificate giving details of cover and the receipt for the current year’s premium in respect of each insurance cover.
13. Warranties
EQUUS Group warrants that:
11.2 The Client may disclose such information:
13.1. It has the means and expertise with which to fulfill its obligations under this Agreement;
13.2 All authorisations required to have been obtained by or under any law in order to enable EQUUS Group lawfully to enter into and perform the obligations expressed to be assumed by it in this Agreement have been obtained and will be maintained by EQUUS Group for the term of this Agreement;
13.3 The Services will be supplied in accordance with the requirements of this Agreement;
13.4 It is properly licensed, equipped, organised and financed to perform all its obligations in terms of this Agreement and that there are no contracts in existence that would affect EQUUS Group’s ability to perform its obligations under this Agreement in a timely and satisfactory manner;
13.5 the execution of this Agreement and the performance of the Services do not and will not result in the breach of:
13.5.1 the terms of or constitute default under any agreement or undertaking (whether verbal or written) or any instrument to which EQUUS Group may be affected or bound; or
13.5.2 any order, writ, rule, regulation, injunction or decree of any court or government agency or any law applicable to EQUUS Group by which EQUUS Group may be bound.
14. General
14.1 Each and every provision in the Agreement shall be read (where possible) as entirely independent and severable from the other or others. In all cases where a provision of the Agreement is reducible, invalid or unenforceable in terms of any legislation or other legal authority, such provision shall not affect the validity of the remaining portion of the Agreement, which shall remain in force and effect.
14.2 No variation or alteration of any of these the Agreement (whether the Cover Page or this Schedule 1) shall be effective unless it is in writing and signed by or on behalf of each Party.
14.3 The relationship of the Parties, inter se, shall be governed by the terms of the Agreement and nothing contained herein shall be deemed to constitute a partnership, joint venture, employer/employee agreement or the like between them, nor to constitute one Party being the agent of the other(s) for any purpose.
14.4 Save as provided for herein, should any dispute, disagreement or claim arise between the Parties (“the dispute”) concerning the Agreement, its termination and/or cancellation and/or rectification, the Parties shall resolve the dispute by submitting the same to final arbitration for resolution in accordance with the rules of the Arbitration Foundation of Southern Africa (“AFSA”) by an arbitrator or arbitrators appointed by AFSA utilising such expedited proceedings as may be available in terms of such rules. Notwithstanding anything to the contrary contained in this clause 13.6, either Party shall be entitled to apply for, and if successful, be granted, an interdict from any competent court having jurisdiction.
14.5 The Client shall not cede, assign, transfer, make over or encumber any of its rights or obligations under the Agreement without the prior obtained written consent of EQUUS Group .
14.6 EQUUS Group shall be entitled to sell, cede, assign, delegate or in any other way alienate or dispose of any or all of its rights and obligations under and in terms of the Agreement to any other company/ies in under the same ownership or control (being the ability to exercise control, whether by the exercise of voting rights or otherwise) as EQUUS Group , without the prior consent of Client. 14.7 Each of the Parties choose domicilium citandi et executandi (“domicilium”) for the purposes of the giving of any notice, the payment of any sum, the serving of any process and for any other purposes arising from the Agreement at their respective addresses set out in the Invoice.
14.8 Termination of the Agreement for any cause whatsoever shall not release either Party from any liability which at the time of termination has already accrued to the other or which thereafter may accrue in respect of any act or omission prior to such termination.
14.9 Save for any variations to the Service agreed upon between the Parties in writing as referred to in clause 3.5, this Agreement contains the entire agreement between the Parties and neither Party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein.
14.10 No indulgence, leniency or extension of time which any Party (“the grantor”) may grant or show to the other shall operate as an estoppel or in any way prejudice the grantor or preclude the grantor from exercising any of its rights in the future.
14.11 The Agreement shall be governed by and interpreted in accordance with the law of the Republic of South Africa.
14.12 Each of the Parties acknowledges and agrees that by entering into the Agreement, it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to the Agreement or not) other than as expressly set out in the Agreement as a warranty or representation. The only remedy available to it for breach of such warranties or representations shall be for breach of contract under the terms of the Agreement. The person signing and/or accepting this agreement on behalf of the Client hereby warrants that he/she is authorised to sign and to bind the Client to this agreement Client’s specific acknowledgment and acceptance of clauses 6 and 12 (liability, acknowledgments and indemnities)
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