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Since 2004, Equus has been producing some of Africa’s most exclusive experiences. With over 20-years of industry experience, a commitment to luxury and meticulous attention to detail, Equus has crafted transformative experiences that transcend the ordinary. Each event is meticulously curated to blend timeless elegance with cutting edge elements from the worlds of fashion, art, polo, music, and culinary mastery.
From the moment guests step into our world, they are enveloped in sophistication and refinement, with every detail carefully orchestrated to delight the senses and leave a lasting impression. Equus invites you on an unparalleled journey of immersive sensory indulgence, creating the perfect backdrop for lasting connections to be made.
Welcome to Equus – where irresistible experiences await.
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)
Welcome to the EQUUS website. This website/site is operated by EQUUS GROUP PROPRIETARY LIMITED and its associated companies and each and any reference herein to “Equus” and/or to “we”, “us” or “our” shall refer to and shall also confer the benefits and rights on such associated companies. It is important to us that our visitors, when using this site, understand how we work and that you are fully aware of your respective legal rights and obligations. For that reason, we have created these Terms of Use as the legally binding terms to govern your use of this site. Please read these Terms of Use carefully before using the site, because they affect your legal rights and obligations.
Your Acceptance of Terms
If you do not agree with any of these Terms of Use please do not use this site. By using this site you will be deemed to have irrevocably agreed to these terms of use. When making any reservations or bookings through our site, our Booking Terms & Conditions would also be applicable.
Update and Revision Terms
Some areas of this site may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Such additional terms will not change or replace these Terms of Use regarding use of this site, unless otherwise expressly stated. Please note that these Terms of Use may be revised and reissued without notice at any time by updating this posting. You should visit this page regularly to review the current Terms of Use. Your continued use of the Sste will be deemed as irrevocable acceptance of any revisions. These Terms of Use were last updated on 1 October 2023.
What you will find on this site
This site will advertise and display information about various events, either hosted by Equus or by third parties, in terms of which you may reserve and/or purchase tickets, access event information including maps, post event information and images, and any other activities as may be determined by Equus from time to time.
How to contact us
This site is controlled and operated by Equus Group Proprietary Limited, which is a company duly incorporated in accordance with the company laws of South Africa, whose registered office is: The Harrington, Suite 301, Harrington Street, Cape Town, South Africa.
Please send any comments or complaints about the site, or any questions regarding privacy or legal matters, to : reservations@equuscollection.com.
Your Registration
To access this site or some of the resources it has to offer, you may be asked to provide registration details to register as a member, or in order to use the services offered. It is a condition of use of this site that all the details you provide be correct, current, and complete. If we believe the details are not correct, current, or complete, we have the right to refuse you access to the site, or any of its resources, and to terminate or suspend your account.
Unless we have received parental consent governing your use of this site, we will assume (and by using this site you warrant that) you have legal capacity to enter into the agreement set out in these Terms of Use (i.e., that you are of sufficient age (18 years or older) and mental capacity and are otherwise entitled to be legally bound in contract).
Online Privacy Notice
Your privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information and data is collected and used by us. Please see our Privacy Policy.
Ticket Reservations and Purchase Policy
One of Equus’ services allows users/customers to make reservations and/or purchase tickets, in connection with events. Our Booking Terms & Conditions are applicable to the purchase of such tickets. Please read those carefully.
For purposes of these Terms of Use, “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;
For purposes of these Terms of Use, “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;
Equus accepts payment direct EFT and confirmation of receipt successfully issues your tickets.
In the event that the event includes the sale of Tickets and the Client wishes to use the Tickets for its non-commercial promotional purposes, then the Client will be obliged to obtain EQUUS Group’s prior written approval to do so.
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.
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) and are subject to the set out Terms and Conditions of the sale. 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.
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).
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.
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.
Trademarks and Copyrights
This site and materials incorporated by Equus on this site are protected by copyrights, patents, trade secrets or other proprietary rights. Some of the characters, logos or other images incorporated by Equus on this site are also protected as registered or unregistered trademarks, trade names and/or service marks owned by us (the site and all materials herein is collectively referred to as “our IP Rights”). We respect the intellectual property rights of others and require that users of this site do the same with regards to our IP Rights.
Your Use of Materials
Your right to make use of this site and any material or other content appearing on it is subject to your compliance with these Terms of Use.
Modification or use of the material or any other content on this site for any purpose not permitted by these Terms of Use may be a violation of our IP Rights and is prohibited.
You may access and display material and all other content displayed on this site for non-commercial, personal, entertainment use on a single computer and/or mobile device only. The material and all other content on this site may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized in writing by Equus. Any authorisation to copy material granted by Equus in any part of this site for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any material on any other web site or networked computer environment is prohibited.
Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this site into a readable form in order to examine the construction of such software and/or to copy or create other products or materials based (in whole or in part) on such software, is strictly prohibited.
Submission, Postings and E-mails
Equus is interested in hearing from you regarding your questions or comments about our site. However, Equus does not accept or consider unsolicited submissions of any kind (e.g. proposals, concepts, or any other materials) in any format, by any means of transmission (including email). Any such submissions are either returned to the sender without being reviewed or deleted or discarded without being reviewed. Therefore, please do not send any unsolicited submissions to us. If we decided from time to time to expressly request submissions of proposals, ideas, or other potential content from you, please carefully read any specific rules or other terms and conditions which appear elsewhere on this site to govern those submissions, as they will affect your legal rights. If no Additional Terms govern those submissions, then these Terms of Use will apply in full to any Invited Submissions you make. In any event, any material you send to us will not be treated as confidential. Please act responsibly when using this site. You may only use this site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this site. You may not collect or store personal information regarding other users. You recognise that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the site is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by us) or privately transmitted on or through this site are the sole responsibility of the sender, not Equus, and that you are responsible for all material you upload, post or otherwise transmit to or through this site.
Restrictions
We require that you do not post e-mails or submit to or publish through forums or otherwise make available on this site any content, or act in a way, which in our opinion: libels, defames, invades privacy, stalks, is obscene, pornographic, blasphemous, racist, abusive, harassing, threatening or offensive; disparages, criticises, belittles, parodies or otherwise portrays in a negative light any actor appearing in the content; seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity; violates any law or may be considered to violate any law; you do not have the right to transmit under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement); advocates or promotes illegal activity; impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content; advertises any commercial endeavour (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting competitions or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorised on this site; solicits funds, advertisers or sponsors; includes programs which contain viruses, worms and/or ‘Trojan horses’ or any other computer code, files or programs designed to interrupt, overload, collapse, destroy or limit the functionality of any computer software or hardware or telecommunications; disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the site; copies any other pages or images on this site except with appropriate authority; includes MP3 format files; amounts to a ‘pyramid’ or similar scheme; amounts to ‘data warehousing’ (i.e., using any web space made available to you as storage for large files or large amount of data which are only linked from other sites). You must provide a reasonable amount of content to accompany such material in order that at least some of the traffic to your site comes directly via us; obeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or contains links to other sites that contain the kind of content which falls within the descriptions set out above. In addition, you are prohibited from removing any sponsorship banners or other material inserted by Equus anywhere on this site.
System Abuse
Without limitation, you agree not to send, create or reply to so called “mailbombs” (i.e. emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in “spamming”(i.e. unsolicited emailing for business or other purposes) or undertake any other activity which may adversely affect the operation or enjoyment of this site by any other person. You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on this site.
Security
As detailed in our comprehensive privacy policy, this site may collect and store certain kinds of personal information and data. How Equus protects and uses this information can be found in the Privacy Policy.
Any usernames and passwords used for this site are for individual use only. You shall be responsible for the security of your username and password (if any). Equus shall be entitled to monitor your username and password and, at its discretion, require you to change it. If you use a username and password that Equus considers insecure, Equus will be entitled to require this to be changed and/or terminate your account. You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) are strictly prohibited.
By using this site, you hereby grant equus the right to release your details to system administrators at other sites in order to assist them in resolving security incidents if you become involved in any violation of system security.
Investigations
Equus reserves the right to investigate suspected violations of these Terms of Use, including without limitation any violation arising from any submission, posting or e-mails you make or send. Equus may in its discretion seek to gather information from the user who is suspected of violating these Terms of Use, and/or from any other user. Equus may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If Equus believes, in its sole discretion, that a violation of these Terms of Use has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. Equus will fully cooperate with any law enforcement authorities or court order requesting or directing Equus to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.
By accepting this agreement you waive and hold us (including our respective members, directors, employees and representatives) harmless from any and all claims resulting from any action taken by us (including our respective members, directors, employees and representatives) or as a result of its investigations and/or from any actions taken as a consequence of investigations by either by us or law enforcement authorities.
Disclaimer of Warranties
Your use of this site is at your own risk. The site and all the materials, information, software, facilities, services and other content in the site are provided “as is” and “as available” without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, the site, equus and any subsidiaries or affiliated and associated companies of equus (including respective members, directors, employees and representatives) disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and noninfringement. We (including respective members, directors, employees and representatives) do not warrant that the functions contained in this site will be available, uninterrupted or error-free, that defects will be corrected, or that the site or the servers that make the site available are free of viruses or other harmful components. We (including respective members, directors, employees and representatives) do not warrant or make any representations regarding the use or the results of the use of the material, information, software, facilities, services or other content in the site or any web sites linked to the site in terms of their correctness, accuracy, reliability, or otherwise. We (including respective members, directors, employees and representatives) make no warranties that your use of the materials, information, software, facilities, service or other content in the site or any web site will not infringe the rights of others and we (including respective members, directors, employees and representatives) assume no liability or responsibility for errors or ommissions in such materials, information, software, facilities, service or other content of the site or any other web site. If applicable law does not allow the exclusion of some or all of the above implied warranties to apply to you, the above exclusions will apply to you only to the extent permitted by applicable law.
Limitation of Liability
We (including respective members, directors, employees and representatives) disclaim all liability whether based in contract, tort (including negligence), strict liability or otherwise, and does not accept any liability for any loss or damage (direct, indirect, punitive, actual, consequential, incidental, special, exemplary or otherwise) resulting from any use of, or inability to use, the site or any other web site, or the material, information, software, facilities, services or other content on the site or any other web site, regardless of the basis upon which liability is claimed and even if we (and/or any of our respective members, directors, employees and representatives) have been advised of the possibility of such loss or damage. Without limitation, you assume the entire cost of all necessary servicing, repair or correction in the event of any such loss or damage arising. If applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law.
Indemnity
You agree to indemnify and hold us (including our respective members, directors, employees officers, agents, distributors, affiliates and representatives) harmless from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney’s fees, resulting from your breach of any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto our servers, and/or from any and all use of your account.
Service
In order to use this site, you must obtain access to the World Wide Web and pay any service fee associated with that access. You will need to provide all equipment necessary to connect to the site on the World Wide Web (including a computer, modem and/or other access devices). Equus reserves the right to modify or discontinue, temporarily or permanently, all or any part of this site and/or any software, facilities and services on this site, with or without notice, and/or to establish general guidelines and limitations on their use Local Regulations We make no representation that materials or other content in the site are appropriate or available for use outside Mauritius. If you choose to access the site from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the country you reside in or from which you access the site.
Our use of content
Equus will consider anything you provide to Equus and/or contribute to this site as available for our use free of any obligations to you, except where solicited Invited Submissions are expressly governed by Additional Terms appearing elsewhere on this site, in which event those Additional Terms will determine how we will treat your Invited Submissions Subject to the provisions of any Additional Terms, by posting or uploading any content to this site and/or providing any communication or material to us, you automatically and irrevocably: (a) grant and assign to Equus a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to any and all rights in the User Content including without limitation all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing and/or other exploitation by Equus and/or by any person authorised by us, by any means and in all media now known or hereafter devised, without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity; (b) waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted; (c) appoint Equus as your agent with full power to enter into any document and/or do any act Equus may consider appropriate to confirm the grant and assignment, consent and waiver set out above; (d) warrant that you are the owner of the User Content and entitled to enter into these Terms of Use; (e) confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that Equus shall not be liable for any use or disclosure of such User Content.
Third-Party Sites
This site may link you to other sites on the internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under our control, and you acknowledge that (whether or not such sites are affiliated in any way with us) we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by Equus or any association with its operators. Equus cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from Equus since other shop channels are owned and operated by independent retailers. Equus does not endorse any of the merchandise, nor has Equus taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. Equus does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.
Propriety Online Services
Any area of this site that is accessed through any proprietary online service is subject to the rules, policies and guidelines of such proprietary online service and Equus shall not be responsible for any transactions or communications between you and such online services.
Jurisdictional Issues
The materials and all other content in this site are presented solely for the purpose of providing entertainment and information and promoting Equus and it’s intellectual property. These Terms of Use shall be governed by, construed and enforced in accordance with the laws of South Africa. Any dispute of any kind between you and us (including where applicable, the respective members, directors, employees and/or representatives) arising under these Terms of Use shall be resolved by binding arbitration in South Africa. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any of the remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.
Claims of Infrigement
If you believe that any content appearing on this site infringes your copyright rights, we at Equus want to hear from you. Please forward the following information in writing to reservations@equuscollection.com: your name, address, telephone number, and e-mail address; a description of the copyrighted work that you claim has been infringed; the exact URL or a description of each place where alleged infringing material is located; a statement by you that you have a good faith belief that the disputed use has not been authorised by you, your agent, or the law; your electronic or physical signature or the electronic or physical signature of the person authorised to act on your behalf; and a statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Introduction
This is the Privacy Policy of EQUUS GROUP PROPRIETARY LIMITED and its associated companies and each and any reference herein to “Equus” and/or to “we”, “us” or “our” shall refer to and shall also confer the benefits and rights on such associated companies.
This page informs you of our policies regarding the collection, use, disclosure, and protection of data, which may include Personal Information we receive from users of our website.
We use your Personal Information only for providing and improving this website. By using this website, you agree to the collection and use of information in accordance with this policy.
In this policy, the use of any word or expression, or terms or process of definition in this policy may have its meaning derived from the Protection of Personal Information Act 4 of 2003 (“POPIA”), which includes but may not be limited to the meaning of “Personal Information”, “Information Regulator” etc.
The Information We Collect Information Collection and Use while using our website, we may ask you to provide us with certain personally identifiable information for purposes of using or registration as a member on our site that can be used to contact or identify you. Personally identifiable information may include, but is not limited to your name, contact details, interests, booking details. Your information will only be used by Equus and those third parties that we represent in order to contact you, render the services (such as event owners and organizers), and will not be given or sold to any third party.
How We Collect, Process, and Store your Data
Log Data
Like many site operators, we collect information that your browser sends whenever you visit and/or register on our website. This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages and other statistics.
Why we need this information about you
Our legitimate interests for processing data are in order to provide our services to our customers, with objectives that may include but are not limited to improving the services.
We also use the data in related or ancillary ways, to the services that we offer. For example, we may use the data to comply with our legal obligations or enforce our rights, including the legal obligations or enforcement of rights of third parties.
Although it is the responsibility of our customers to use our services properly and we cannot ultimately bear responsibility for our customer’s use of our platform or system, we have implemented adequate safeguards to protect your data.
Sharing of your data
In addition to sharing your data with third parties with whom we deal (such as event owners, organizers and related suppliers), we may share your data with any member of our company group (i.e. our subsidiaries, parent companies, and affiliates).
We may share your data with selected third parties, including our business partners, suppliers, and subcontractors, for the performance of any contract we enter into with them.
We may also share your data with analytics and search engine providers that assist us in the improvement of our website and systems. We may also disclose your data to other third parties. For example, if we sell or buy any business or assets, we may disclose your data to the prospective seller or buyer of such business or assets. Alternatively, if we or substantially all of our assets are acquired by a third party, your data may be part of the transferred assets.
If any third party processes any of your data, we ensure there are sufficient contractual and operational safeguards protecting your data.
Data Security
We have put in place appropriate security measures to prevent your data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your data on our instructions and they are subject to a duty of confidentiality.
The security of your data is important to us. However please remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your data, we cannot guarantee its absolute security.
The security of your data is important to us. However please remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your data, we cannot guarantee its absolute security.
Transfer Data
We will not transfer your data outside of South Africa.
Cookie Policy
How long we will keep you information We review our data retention periods regularly and will only hold your data for as long as is necessary for the relevant activity, or as required by law (we may be legally required to hold some types of information). However, if you request that we delete your data, we will delete your data from our system, provided it is not in contravention of any laws or current legislation.
Details of retention periods for different aspects of your Personal Information are available by contacting us using the details provided below. To determine the appropriate retention period for Personal Information, we consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorised use or disclosure of your Personal Information, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means, and the applicable legal requirements.
Your Rights Under POPIA, you have the following rights in connection with your Personal Information, which can be exercised in certain circumstances:
Request access to your Personal Information. This enables you to receive a copy of the Personal Information we hold about you and to check we are lawfully processing it;
Request correction of the Personal Information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected;
Request erasure of your Personal Information. This enables you to ask us to delete or remove Personal Information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal Information where you have exercised your right to object to processing (see below);
Object to processing of your Personal Information where we are relying on a legitimate interest (or those of a third party). You also have the right to object where we are processing your Personal Information for direct marketing purposes;
Request the restriction of processing of your Personal Information. This enables you to ask us to suspend the processing of Personal Information about you, for example if you want us to establish its accuracy or the reason for processing it;
Request the transfer of your Personal Information to another party. We will provide to you, or a third party you have chosen, your data in a structured, commonly used, machine-readable format; and Withdraw your consent where we are relying on consent to process your Personal Information. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you.
If you would like to exercise any of your rights above, please contact us at reservations@equuscollection.com and[MH|LL2] provide us with your full details (including name, telephone number, address and email) and the precise nature of your request and/or grievance.
You also have the right to make a complaint at any time to the Information Regulator relating to our use of your information.
Changes to this Privacy Policy
Equus may update this Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this website. You are advised to review this Privacy Policy periodically for any changes.
Use of this Website Even though Equus takes all reasonable measures to ensure the safety and security of this website is up to date, Equus cannot accept any responsibility for any losses that may occur by using this website.
This website is used on your own risk and the Website Terms of Use shall apply to your use of this website.
Contact us
We have appointed Steven Hickox as our data protection representative who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact Steven Hickox using the details set out below:
Email address:reservations@equuscollection.com
Cookie Policy
A cookie is a small text file which is automatically saved on your computer/ electronic device each time you visit our website. Cookies are used to help track a range of user activities across a website. This site uses cookies for the following purposes:
Advertising
3rd Party Tracking Cookies We, and many other web publishers use 3rd party analytics services to provide anonymous web user information for our website.
Website
We use cookies to create a better and more personalised user experience of this website.
Removing cookies-OPT OUT
If you have any concerns about cookies, or want to remove cookies from your computer, please contact us by emailing reservations@equuscollection.com.
Collection of Personal Information
Shall be done in accordance with our Privacy Policy.
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