Terms of Service

These Terms of Service ("Terms") govern your access to and use of the website located at eventfuly.co.za (the "Website") operated by Eventfuly (Pty) Ltd ("Eventfuly", "we", "us" or "our"). By accessing or using the Website, including by submitting your details to our waiting list, you acknowledge that you have read, understood and agree to be bound by these Terms.

1. Acceptance of terms

By accessing the Website, you agree to be bound by these Terms and by all applicable laws and regulations. If you do not agree with any of these Terms, you must discontinue use of the Website immediately. These Terms apply to all visitors, users and others who access the Website.

2. Eligibility

You must be at least 18 (eighteen) years of age, or have the consent of a parent or legal guardian, to use the Website or submit information to our waiting list. By using the Website you represent and warrant that you meet this requirement and that all information you provide to us is accurate, current and complete.

3. Nature of the Website

The Website is provided for general informational purposes and to permit users to register interest in the products and services that Eventfuly is developing. Eventfuly is in a pre-launch phase. The products and services described on the Website are not yet generally available and remain subject to development, change or discontinuation in our sole discretion.

References to features such as escrow protection, insurance, vendor onboarding, booking functionality and dashboard tools are indicative of our intended offering and do not constitute an offer or commitment to provide any particular service.

4. Waiting list

By submitting your email address and sign-up classification through the waiting list form, you request to be included on our pre-launch waiting list and consent to receiving communications relating to our planned services. Inclusion on the waiting list:

• does not constitute the conclusion of any contract for services between you and Eventfuly;
• does not guarantee access to the Eventfuly platform or any of its features once launched;
• does not entitle you to any particular pricing, listing, position or commercial benefit; and
• may be terminated by Eventfuly at any time, in its sole discretion, on reasonable notice to you.

You may remove yourself from the waiting list at any time by unsubscribing from our communications or by contacting us at the address set out in section 16.

5. No services contracted

Nothing on the Website constitutes an offer capable of acceptance by you. The Website is not a marketplace, booking system or payment platform. No transactions can or will be concluded through the Website at this time. Any future commercial relationship between you and Eventfuly will be governed by separate terms entered into at the relevant time, including but not limited to a vendor agreement, end-user terms, booking terms and payment terms.

6. Intellectual property

All content on the Website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software and the selection and arrangement thereof (collectively, the "Content"), is the property of Eventfuly or its licensors and is protected by South African and international intellectual property laws. The "Eventfuly" name, logo and any related marks are trade marks of Eventfuly.

You are granted a limited, non-exclusive, non-transferable, revocable licence to access and view the Content for your personal, non-commercial use only. You may not copy, reproduce, distribute, modify, publish, transmit, display, reverse-engineer or create derivative works from any of the Content without our prior written consent.

7. Acceptable use

You agree not to use the Website in any manner that:

• violates any applicable law or regulation;
• infringes any intellectual property right or other proprietary right of any person;
• is fraudulent, deceptive, defamatory, obscene, harassing or otherwise objectionable;
• introduces viruses, malware or other harmful code;
• attempts to gain unauthorised access to the Website, our servers or any related infrastructure;
• uses automated means, including bots, scrapers or crawlers, to access the Website except for the limited purposes permitted by our robots.txt file; or
• otherwise interferes with the operation of the Website or the use and enjoyment of the Website by others.

8. Third-party links

The Website may contain links to third-party websites or services that are not owned or controlled by Eventfuly. We have no control over, and assume no responsibility for, the content, privacy policies or practices of any third-party website or service. You acknowledge and agree that Eventfuly shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such third-party website or service.

9. Disclaimers

The Website is provided on an "as is" and "as available" basis. To the maximum extent permitted by applicable law, Eventfuly disclaims all warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement and accuracy.

Without limiting the foregoing, Eventfuly does not warrant that the Website will be uninterrupted, error-free, secure or free from viruses or other harmful components, or that any defects in the Website will be corrected.

10. Limitation of liability

To the maximum extent permitted by applicable law, in no event shall Eventfuly, its directors, employees, agents or affiliates be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation loss of profits, data, goodwill, business opportunities, or other intangible losses, resulting from:

• your access to or use of, or inability to access or use, the Website;
• any conduct or content of any third party on the Website;
• any content obtained from the Website; or
• unauthorised access, use or alteration of your transmissions or content,

whether based on warranty, contract, delict (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage.

Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, including any liability for fraud or wilful misconduct.

11. Indemnity

You agree to indemnify and hold harmless Eventfuly, its directors, employees, agents and affiliates from and against any and all claims, liabilities, damages, losses and expenses, including reasonable legal fees, arising out of or in any way connected with your access to or use of the Website, your breach of these Terms or your violation of any rights of a third party.

12. Privacy

Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Website, you consent to the processing of your personal information in accordance with the Privacy Policy.

13. Changes

Eventfuly reserves the right, in its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will use commercially reasonable efforts to provide notice prior to any new terms taking effect, including by email or by a notice on the Website. Your continued use of the Website after any such changes constitutes your acceptance of the revised Terms.

14. Governing law

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions. You consent to the exclusive jurisdiction of the High Court of South Africa in respect of any dispute arising out of or in connection with these Terms, without prejudice to Eventfuly's right to institute proceedings in any other court of competent jurisdiction.

15. General

Severability. If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Waiver. No failure or delay by Eventfuly in exercising any right under these Terms shall operate as a waiver of such right.

Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Eventfuly regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties.

Assignment. You may not assign or transfer these Terms, in whole or in part, without our prior written consent. Eventfuly may assign these Terms freely.

16. Contact

Any notices, queries or correspondence in connection with these Terms should be directed to the address below.