PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR USE OF THE SERVICES. THESE TERMS AFFECT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, IN WHOLE OR IN PART, THEN YOU ARE NOT PERMITTED TO USE OUR SERVICES.
If you are registering or purchasing tickets on behalf of another person, it is your obligation to make sure that the person attending is aware of these Terms and accepts them. By completing and submitting the registration online and purchasing tickets you are representing and warranting that you have made the person attending aware of these Terms and that they have accepted these Terms.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time without incurring any liability or obligation. See below under the heading “Modification of The Terms” for more information.
These Terms are between you and Indatwa Festival, organized by ZaNiheza Incorporated, Company # 11848364 with an office located at 128 W Hastings St. Suite 210, Vancouver, BC V6B 1G8
WHAT WE DO
We are a travel marketplace for immersive experiences and organizers of an annual technology and innovation festival known as “Indatwa Festival Festival”.
PART A – INDATWA FESTIVAL FESTIVAL TERMS AND CONDITIONS
Tickets And Pricing
You will find details of attendee ticket (“ticket(s)” or “Indatwa Festival Pass”) pricing for the Festival on our Site. Ticket prices for the festival are correct and current at the time of publication. All fees are stated in USA dollars and are inclusive of all applicable federal and provincial taxes. Payments are processed through a third-party payment processing service with which we have a contractual relationship. We expressly disclaim any liability arising out of your use of the third party’s payment processing services.
We reserve the right to change the ticket prices at any time without any notice, but any changes will not affect tickets that have already been purchased.
A valid ticket entitles you to entry to the festival as an attendee but does not include any requirements associated with travel to or from the Festival or any other accommodation or hospitality costs incurred.
All tickets must be assigned to an attendee. This includes name, job title (if applicable), and company/business name (if applicable). If you have secured a complimentary ticket but have already bought a ticket, you are not eligible for a refund.
We may from time to time offer certain discounted ticket promotions or promotional codes to encourage attendance at the festival. We are not obligated to offer any discounts or promotional codes for the festival and reserve the right to change or withdraw a discount offer or promotional code at any time at our sole discretion.
Once a successful purchase transaction has been completed on our partner site, you will receive an email confirming your purchase. The Indatwa Festival tickets act as a receipt for the transaction and can be used to redeem entry at the Festival.
Once you have purchased your Indatwa Festival tickets, you are not eligible for a refund.
If you wish to change the name on your Indatwa Festival ticket, you will be able to do so until October 22, 2024 at 5:00 PM (EST) which will be facilitated free of charge, after which date you will be unable to transfer your ticket.
Your ticket remains the property of Indatwa Festival, which may be withdrawn, and admission refused at any time upon a refund of the printed registration price.
The tickets (including any subsidized tickets) purchased are for your own personal use, or that of your business only, and may not be resold under any circumstances including, but not limited to, use as part of any promotion or competition undertaken without the express prior permission and cooperation of Indatwa Festival. Where there has been any resale or attempted resale of any tickets (or any other breach of this term), Indatwa Festival reserves the right to cancel the relevant tickets with immediate effect.
Indatwa Festival reserves the right to refuse any order for tickets you place with us. We may, in our sole discretion, limit or cancel quantities of tickets purchased per person, per household or per order. These restrictions may include orders placed by or under the same attendee account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail provided at the time the order was made. We reserve the right to limit or cancel any ticket purchase made by any person or body whom we reasonably believe to be associated with any ticket broker, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for registration and ticket purchases. You agree to promptly update your information, including your email address and credit card numbers, and expiration dates so that we can complete your transactions and contact you as needed.
Indatwa Festival will not be liable for any tickets that are lost or stolen.
It is strictly forbidden for any company, organization, or attendee to attempt to host or organize any event in conjunction with, contiguous to, or purporting to be related to Indatwa Festival (or any of its affiliates) without the express prior permission and cooperation of Indatwa Festival.
If you have been selected to volunteer at the event but have already bought a ticket, you are not eligible for a refund.
Youth & Child Attendee Policy: Age Requirements
All attendees under 18 years of age, must be accompanied by an adult chaperone or have guardian permission to attend Indatwa Festival and all related events. Youth Attendees may attend Indatwa Festival subject to the following requirements:
Youth: 16-17 years of age
Must purchase a Youth Ticket
Must have completed the Youth Attendee Waiver and provide parental/guardian permission and emergency contact information, should this not be completed they will be asked to provide it on-site in order to register for their ticket and gain entry into Indatwa Festival.
Indatwa Festival reserves the right to refuse admission to anyone who fails to comply with these documentation requirements.
Indatwa Festival is not responsible for any loss, liability, or damage as a result of a substitution, alteration, cancellation or postponement of the Festival, or an event within the Festival. However, in the unlikely event of cancellation of the Festival, or an event within the Festival, the liability of Indatwa Festival is limited to the share of paid registration fees that remains after credit card and payment processing fees have been incurred and deducted.
Covid-19Pandemic. The Festival is an in-person event but we understand that this may change due to the on-going changes and demands related to Covid-19 pandemic. We value your safety and peace of mind while attending the Festival. In the event that the Festival is affected by Covid-19 Pandemic and/or any variants, we will use our best efforts to work collaboratively with our partners and sponsors, to provide a safe alternative for you to attend the Festival.
Safety Measures. There is an inherent risk of exposure to COVID-19 and any variants in any public space where people are present. COVID-19 (including any variants) is an extremely contagious disease that can lead to severe illness and death. By attending the Festival, you voluntarily assume all risks and liability related to any possible exposure to COVID-19 and its variants. Indatwa Festival and its partners and sponsors, and each of our directors, officers, employees, volunteers, and agents are not liable for your exposure to COVID-19 and its variants.
Force Majeure. Indatwa Festival shall assume no liability whatsoever in the circumstances that an event is canceled, rescheduled, altered, or postponed due to a fortuitous event, Act of God, unforeseen occurrence, or any other event that renders the performance of an event impracticable, illegal, or impossible. For purposes of this clause, a fortuitous event shall include, but not be limited to a pandemic, endemic, governmental orders, war, fire, labour strike, extreme weather, or another emergency.
Substitution Policy. Please note that while schedules of events, presenters, and topics are confirmed at the time of publishing, circumstances beyond the control of Indatwa Festival may necessitate changes in schedules, and substitutions, alterations, or cancellations of schedules of events, presenters, and/or topics. As such, Indatwa Festival, in its sole discretion, reserves the right to alter, remove or modify the advertised presenters, scheduling of events, and/or topics if necessary without any notice or any liability to you whatsoever. Notwithstanding the foregoing, any substitutions, alterations, postponement, or changes will be updated on our Site as soon as possible.
Festival Materials and Views of Presenters
Materials shared or distributed at or in connection with the Festival are intended for information purposes only and should not be relied upon by you or others. Indatwa Festival and its sponsors, partners, and each of our directors, officers, employees, volunteers, and agents do not provide any guarantees, conditions, or warranties that the materials are complete or accurate and do not accept any responsibility or liability for reliance by you or any person on any aspect of the Festival and/or any information provided at the Festival.
You acknowledge and agree that views expressed by presenters at or in connection with the Festival are their own and Indatwa Festival does not accept any responsibility or liability for any advice given or views expressed during or in connection with the Festival.
Photography, Videography, And Audio Recording
By attending the Festival, you acknowledge and agree that the Festival (or any part of it) may be photographed or recorded by us or our partners or sponsors. You agree to permit us, our sponsors, partners or any third party licensed by us, to use, distribute, broadcast, or otherwise globally disseminate your likeness, name, voice, and words in perpetuity in television, radio, film, newspapers, magazines, and other media now available and hereafter developed, both before, during and any time after the Festival, and in any form, without any further approval from you or any payment to you. This grant includes, but is not limited to, the right to edit the media, the right to use the media (alone or together with other information), and the right to allow others to use or distribute the media.
If you do not agree to be filmed or recorded, you should advise Indatwa Festival by email:festival@Indatwa Festival.ca prior to the Festival. Indatwa Festival will use reasonable efforts to not film or record you, but cannot guarantee you will not be filmed or recorded at the Festival, which is a public event. Notwithstanding the above, Indatwa Festival and its partners and sponsors will not be held accountable for any liability to you if you are recorded or filmed at the Festival.
You are responsible for arranging your own appropriate insurance coverage in connection with your attendance at the Festival.
Visa, Travel, Accommodation And Other Expenses
Indatwa Festival will not be liable for the granting of any visas that are required to attend the Festival. It is your sole responsibility to take any visa requirements. In the event that an attendee’s visa is not granted, tickets will not be refunded.
Indatwa Festival is not liable or responsible for any costs incurred by you attending the Festival, which includes but is not limited to travel, accommodation, hospitality, and any other expenses. You are solely responsible for your own travel, accommodation, hospitality, and any other expenses required for you to attend the Festival.
For inquiries about tickets or registration, please contact email@example.com
Code Of Conduct
Indatwa Festival believes in building a community where global ideas may thrive and opportunity for collaboration and education are enlivened. We believe that diversity is a tremendous source of strength and that our communities, workplaces, and governments are made stronger by including the voices of everyone. We do not believe in “polite accommodation,” but rather creating an environment that reflects the diversity of our community in regard to: age, sexual orientation, race, language, economic position, ability, religion, etc. We believe that all persons have the right to respect, as well as fair and equitable treatment from others. Indatwa Festival does not tolerate violence, mistreatment, or harassment — verbal, physical, sexual, or otherwise — towards staff, volunteers, sponsors, guests, presenters, partners, or other attendees at any of our festivals or events. Should the comfort or safety of any of our staff, volunteers, guests, or partners be in question, immediate action will be taken.
Indatwa Festival expects all staff, volunteers, guests, presenters, sponsors, and partners to always conduct themselves in a professional and appropriate manner. If an individual is found to:
violate these rules of conduct;
behave in a manner that could disrupt, hinder;
cause a nuisance to the Festival or to the enjoyment of any other person, partner, or sponsor; or
represent a security, health and safety risk to the Festival or any other person, partner, or sponsor,
Indatwa Festival, in its sole discretion, may sanction, refuse admittance to or remove the individual from the Festival, without a refund, and appropriate legal action may be filed.
Indatwa Festival, in its sole discretion, reserves the right to sell or refuse admission to the Festival or any events related to the Festival for any behaviour which it deems unacceptable, or for breach of these Terms.
Please note there are no pets or animals permitted at the Festival, except service animals.
PART B – ADDITIONAL TERMS AND CONDITIONS
No Unlawful or Prohibited Use
You agree that you will not, without Indatwa Festival’s prior written permission, use the Services or the materials published or otherwise accessible through the Services including but not limited to Festival materials, articles, blogs, opinions, photographs, images, illustrations, information, content, reports, data, databases, graphics, interfaces, web pages, videos, text, and files (“Content”) for purposes other than your own personal non-commercial use and benefit.
Except as expressly provided in these Terms, any reproduction, retransmission, distribution, sale, republication, modification, translation of or creation of derivative works based on the Services or the Content, in whole or in part, and any decompilation, disassembly, reverse engineering or other exploitation of the Services, without prior written permission, is strictly prohibited.
By using the Services and Content, you further agree that:
You will not send, upload, collect, transmit, store, use, post, publish, or otherwise communicate any data, or other materials or content that:
you know or have reason to believe contains any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data;
you do not have the lawful right to send, upload, collect, transmit, store, use, publish, or otherwise communicate;
is false, intentionally misleading or impersonates any other person;
is harmful, discriminatory, criminal or that violates our Code of Conduct in any way whatsoever;
violates any applicable laws, or infringes, violates, or otherwise misappropriates the intellectual property or other rights of any third party (including any moral right, privacy right or right of publicity);
is mass solicitation material without intent or purpose, such as spam; or
encourages any conduct that may violate any applicable laws or would give rise to civil or criminal liability;
You will not use the Services and Content for any purpose that is unlawful;
You will comply with all applicable laws including the laws of the area in which you are present while using the Services and Content; and
You will not use the Services and Content other than as permitted by these Terms.
Errors, Inaccuracies, and Omissions
Occasionally there may be Content available or accessible through the Services that contains typographical errors, inaccuracies, or omissions that may relate to the Festival, product/ticket descriptions, pricing, promotions, offers, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information made available through our Services is inaccurate at any time without prior notice (including after you have submitted your order).
Intellectual Property Ownership
Indatwa Festival alone (and our sponsors, partners, and third-party licensors, where applicable) shall own all rights, title, and interest, including all related intellectual property rights, in and to the Content and to the Services and any Contribution, suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services and Content.
These Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Content and Services, or any intellectual property rights owned by Indatwa Festival. Indatwa Festival name, logo, and the product names associated with the Content and Services are trademarks of Indatwa Festival, our partners, sponsors or other third parties, where applicable, and no right or license is granted to use them.
Third Party Links and Tools
The Site and App may contain links to third-party sites or tools. Such links are not under our control and we are not responsible for and make no representations, warranties, or conditions concerning the content of any such third-party sites or tools. You acknowledge that the inclusion of any link does not imply endorsement, investigation, or verification by us of the linked site or tool. We shall have no liability whatsoever arising from or relating to your use of any third-party links and tools.
The Services and Content provided to you is for informational and demonstrative purposes only and may not be relied upon as professional, legal, or other advice. You are responsible for obtaining appropriate advice from external sources prior to acting upon any Content available, obtained or accessed through our Services.
Personal Information Shared with Indatwa Festival’s Sponsors and Partners
The Festival is being sponsored. We collect the following personal information upon your registration for the Festival, which includes but is not limited to: first and last name, email address, job title, company, city, country etc. and share such information with all our sponsors and partners for direct marketing, research, and business analytics only with your consent.
We reserve the right, without notice and in our sole discretion, to terminate your use of the Services and Content, and to block or prevent future access to and use of the Services and Content if you violate any of the Terms. Upon termination, the Terms shall continue to apply.
In the event of a breach of these Terms, any tickets purchased will be rendered null and void. Indatwa Festival reserves their right to take such legal action, including a claim for damages, as may be appropriate.
LIMITATION OF LIABILITY
YOUR USE OF THE SERVICES AND CONTENT IS AT YOUR SOLE RISK. THE SERVICES AND CONTENT ARE PROVIDED “AS IS” ONLY, WITH NO REPRESENTATIONS OR WARRANTIES OR CONDITIONS WHATSOEVER. IN NO EVENT WILL INDATWA FESTIVAL, OUR SPONSORS, PARTNERS, LICENSORS AND EACH OF OUR DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR ACCESS TO SERVICES OR YOUR RELIANCE ON THE CONTENT IN THE COURSE OF PROVIDING YOU SERVICES OR LINKS OR TOOLS FROM THE SITE AND APP OR VIOLATION BY YOU OF THESE TERMS, WHETHER IN AN ACTION OF CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY, BREACH OF A FUNDAMENTAL TERM, FUNDAMENTAL BREACH, OR OTHERWISE.
TO THE EXTENT THAT THE FOREGOING LIMITATION IS NOT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY IN CONNECTION WITH OR UNDER THESE TERMS, OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE SERVICES AND CONTENT EXCEED THE AMOUNT OF ONE TICKET PURCHASE PRICE AFTER CREDIT CARD AND PAYMENT PROCESSING FEES HAVE BEEN INCURRED AND IN CANADIAN CURRENCY. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT.
You agree to indemnify Indatwa Festival, our sponsors, partners, licensors and each of our directors, officers, volunteers, employees, and agents and hold them harmless from any and all claims, liabilities, costs, damages, losses, and expenses, including legal fees and costs, arising out of or in connection with (i) any violation or breach of these Terms or any applicable law or regulation; (ii) use or misuse of the Services and Content; and (iii) your violation of any rights of any third party.
Modification to the Services
We reserve the right, at our sole discretion to change or update, suspend, or terminate the Services (including without limitation, the availability of any feature, database, or Content) at any time. We may also impose limits on certain features and Services and Content or restrict your access to parts or all of the Services without notice or liability.
Modification to the Terms
We reserve the right, at our sole discretion, to modify or replace any of these Terms. If we change these Terms, we will provide notice to you by posting the revised Terms on our Site and by indicating at the top of this page the date these Terms were last updated. Such changes will be effective when the revised Terms are posted to our Site.
You should check the Terms frequently for any revisions, and especially before your use of our Services. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, in whole or in part, please stop using our Services.
You may not assign your rights under these Terms without prior written approval of Indatwa Festival.
Waiver and Severability of Terms
The failure of Indatwa Festival to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction or arbitrator to be invalid, the parties nevertheless agree that the court or arbitrator should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Exhibitors We offer space at Indatwa Festival to Exhibitors who wish to occupy a location at the Indatwa Festival and operate a stall where they can exhibit certain goods or services to delegates (an “Exhibit”) at agreed times, subject to these Terms.
The Exhibitor is only permitted to conduct business from its allotted Space and shall not canvass, promote, advertise or solicit for business in any other area of the Venue without our express prior written consent.
The Exhibitor is prohibited from sub-letting the Space without our express prior written consent. If and to the extent that the Exhibitor is permitted to sublet the Space, the Exhibitor shall remain responsible for the Space and shall be liable for any breach of these terms by any party to whom the Space is sublet.
The Exhibitor shall not canvass, promote, advertise or solicit for business on behalf of unrelated Third Parties without our express prior written consent.
The Exhibitor’s operation of the Exhibit at the Indatwa Festival shall be carried out in full compliance with these Terms.
Location of exhibits We retain the right in our absolute discretion to relocate the Exhibits and/or require the Exhibitor to occupy an alternative Exhibit within the specified site at the Indatwa Festival where we deem it to be necessary for the best interests of the Indatwa Festival or as may be required on security, health & safety grounds or otherwise.
Standard of upkeep The Exhibitor must keep and maintain the interior, exterior, the fittings and equipment installed at the Exhibits in clean, orderly, sanitary and good repair.
Waste The exhibitor is responsible for the disposal of all waste products and rubbish and for taking off-site all rubbish generated by it. If required, the Exhibitor shall provide litter bins for the use at the Indatwa Festival which the Exhibitor must remove from the site at the end of each day. The Exhibitor is also responsible for the periodic clean-up of tables and floors in their Exhibit area and the surrounding area.
Access We permit the Exhibitor to operate the Exhibit between the hours as communicated from time to time. The Exhibitor must ensure, to the complete satisfaction of us, that all Exhibits and rubbish are completely dismantled and removed off-site each day of the Indatwa Festival. The Exhibitor is not entitled to permit anyone, other than its personnel or those having business with the Exhibitor, to have access to the Exhibit area.
Health and safety An Exhibitor vending food and beverage must ensure that it is registered with its local food standards and safety office and is, at all times, in compliance with the relevant laws and safety and compliance standards. The Exhibitor must possess and display at its Exhibit a valid licence demonstrating its registration with its local food standards and safety office.
All cooking and heating equipment shall be of a safe and compliant standard. The Exhibitor must ensure that any external gas units are appropriately caged. Such units shall be kept away from public access. The Exhibitor must ensure that its Exhibit is equipped with the proper number, size and type of charged fire extinguishers.
Security instructions The Exhibitor must observe and comply with, and ensure that its staff engaged at the Exhibits observe and comply with, all instructions and directions given by or on behalf of us or venue management, and with our and venue management’s rules and regulations as communicated from time to time. The Exhibitor must not damage or allow its employees to damage the site that is hosting the Indatwa Festival or the Exhibit or any part thereof. All Exhibitor personnel on site must wear identification badges at all times and must not enter any restricted areas.
Provided equipment by us All equipment (screens, laptops, cabling and other electronic equipment, rooms, furniture etc.) supplied by us at the Indatwa Festival are on a rental basis and no exchange, transfer or refund of ordered items on-site will be permitted. Any complaint regarding rented items or installation must be lodged by emailing firstname.lastname@example.org before the opening of the Indatwa Festival. In respect of items rented on the day, items should be inspected immediately and tested to ensure they work. Otherwise, all items are deemed to be received in good order and condition.
Exhibitors must pay for all damages or losses to equipment supplied to them. The equipment must be insured by the Exhibitor, who will remain liable until our authorised staff have collected the equipment. In case of non-return, the Exhibitor will be required to reimburse us for the full cost of the equipment at the original insurance value.
Cancelled orders are not refundable. Non-standard items may be offered on request, subject to a separate quotation, and are subject to the same terms.
Nothing in these Terms creates or deems to create the relationship of landlord and tenant between us and the Exhibitor nor should these Terms be construed as creating a transfer of a property interest to the Exhibitor nor any greater interest in the Indatwa Festival in favour of the Exhibitor.
Selection You may apply to be a Volunteer at a Indatwa Festival.
There is no guarantee that applicants wishing to volunteer at the Indatwa Festival will be selected and selection of Volunteers is at our sole discretion.
Selected Volunteers must attest to the truth of all statements made in their volunteer application. Without limiting their other obligations under these Terms, Volunteers are subject to the following rules governing their relationship with us:
Ticket refund If you have been selected to be a Volunteer at a Indatwa Festival but have already bought a ticket, you are not eligible for a refund or reimbursement under any circumstances.
The Terms are governed by the laws of British Columbia, Canada, and these laws apply to your use of the Services and Content, notwithstanding your domicile, residency, or physical location. Any dispute between you and Indatwa Festival which cannot be resolved will be referred to the court of Ontario, Canada, and to no other place. You agree to be bound by the laws of these jurisdictions.
For more information about these Terms, please contact us at email@example.com