FORR: TERMS AND CONDITIONS

BACKGROUND

The Fellowship of Rock and Roll (FORR) is a closed corporation registered in South Africa (registration number: 2009/059290/23) under the ownership of Frans and Linda Human. These Terms and Conditions are applicable to the parties’ obligations regarding the events, merchandise and other services (all referred to as the “Deliverables”).

COUNTRY OF DOMICILE

This website is governed by the laws of South Africa and FORR chooses South Africa as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature. All disputes shall be referred to the Pretoria Magistrates Court for adjudication.

ACCEPTING THESE TERMS AND CONDITIONS

By making a booking on this website for an event:

  • You accept and are bound by these terms and conditions
  • You declare that you have read and understand the terms and conditions; and
  • You accept that FORR has the right to alter the terms and conditions at any time (it is your responsibility to review any alterations each time you access the FORR website)

All information regarding the event, merchandise and services or any other matters, is subject to change without notice.

PAYMENTS

Currency

All payments will be in South African Rand (ZAR).

CONFIRMATION OF BOOKINGS

Subject to availability and receipt of payment, bookings and orders will be processed immediately and confirmed by way of booking number via email firstly when the transaction takes place and secondly when the transaction is shown on FORR statements.

PAYMENT OPTIONS ACCEPTED

Payment can be made by bank transfer into the FORR bank account, the details of which will be provided on request.

CHANGES AND CANCELLATIONS

CHANGES TO EVENT

FORR shall not, in any circumstances, be liable for any loss of whatsoever nature which may be suffered as a result of the cancellation or postponement of an event. FORR reserves the right of admission to events and further reserves the right to alter the programs at events.

CANCELLATION OF BOOKINGS AND REFUNDS

In the event that you should wish to cancel your booking the following will apply.

  • More than 30 days before any event – Refund will be 90% of amount paid.
  • Within 30 days before any event – Refund will be 50% of amount paid.
  • Within 2 weeks before any event – Refund will be 25% of amount paid.
  • Within a week before any event – No refund.

If you find somebody to take over your booking, the replacement will be done at a 10% admin fee. The provision of goods and services by FORR is subject to availability. In cases of unavailability, FORR will refund the client in full within 30 days.

DIVING/SCENIC TRIPS REFUNDS

If you book a dive/scenic trip and miss the dive/scenic trip for any reason other than an acceptable medical reason, you will forfeit your money paid for such dive/scenic trip;

If Malongane cancels a dive/scenic trip or if an acceptable medical reason for not diving has been accepted by FORR, you may either

  • ask for a refund before 7 October 2012 (which refund will be limited to 75% of the fee paid and excludes reef tax, staff tips and course fees); or
  • claim a credit for use at Malongane before 8 December 2012.

THE VENUE AT MALONGANE

  • With regard to the venue for the events, FORR acts strictly as an agent for Malongane.
  • FORR makes no representations whatsoever relating to the quality or capacity of the venue, or the facility or services at the venue.

TECHNOLOGY USED

RISKS OF USING THE INTERNET

You further confirm, by logging on to the FORR website, that you

  • assume all risks associated with the use of the Internet;
  • including any risk which may be posed to the hardware or software which you are using, or any data which you may have stored on your computer, being damaged by any virus which may be transmitted or activated via the FORR website or your access to it.

SENDING OF INFORMATION

Information transmitted through an unsecured link over the Internet, including e-mail, is subject to potential unlawful access or monitoring. The user accepts that FORR cannot be held liable for any loss, or damage suffered by the user as a result of unlawful activities by unscrupulous persons, as FORR cannot prevent such behaviour.

WARRANTIES AND REPRESENTATIONS

All the information appearing on this site is provided without a representation or warranty whatsoever, whether expressed or implied, and FORR disclaims any liability to the user in this regard. FORR does not warrant that the site or online services will be error-free.

ACKNOWLEDGEMENT OF USE OF WEBSITE AS ELECTRONIC CONTRACT

By accepting the Terms and Conditions of this contract you expressly agree that the offer and acceptance pertaining to any transaction made by you on the FORR website may be expressed electronically and such contract shall not be denied validity or enforceability on the sole grounds that it was affected via the web site. If any legal proceedings arising between yourself and FORR or its agents, nothing in the application in the law of evidence shall apply so as to deny the admissibility of communication between yourself, FORR and/or the agent, via the FORR website, solely on the ground that such communication took place electronically or, if it is the best evidence that you could reasonably be expected to obtain, on the grounds that it is not in its original form.

COPYRIGHT

Nothing on this site should be construed as granting any license or right to use any trademark without FORR's prior written permission and/or that of third parties, as the case may be. The user may not, without FORR's prior written consent, use FORR's intellectual property or that of third parties for any purposes whatsoever.

"FORR" as well as any stylised versions thereof are trademarks of FORR. All rights are reserved in these trademarks. You hereby acknowledge FORR's trademarks as well as any other trademarks appearing on the website or on booking confirmation letters and ownership of the intellectual property therein of their respective owners.

You expressly agree not to use any trademarks appearing on the website without the express, written permission of FORR or the owners of such trademarks.

THIRD PARTY INFORMATION

FORR may use the services of other third party organisations to provide information on this site.

  • FORR has no control over the third party information and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness.
  • FORR will not be directly or indirectly liable for any damages that may arise from the user's reliance on it.

DISCLAIMER AND LIMITATION OF LIABILITY

In no event will FORR be liable for any damages, whether direct, indirect, special, incidental, or consequential whatsoever relating to your or your friend’s or family’s attendance and participation in any event organised by FORR for the duration of the event or related to any transaction between yourself and FORR, whether such damages arose out of contract, or delict or otherwise and regardless of whether FORR was expressly advised of the possibility of such loss or damage in access of your booking fees.

FORR shall not be liable to any person for loss or damage incurred as a result of reliance upon material contained on this website.

  • The content on the FORR website, whether provided by FORR or any third party, is provided for information purposes to the users of the FORR website.
  • By accepting the Terms and Conditions of Use of the FORR website, you acknowledge that any reliance placed upon any of the content displayed on or distributed through the FORR website is made at your own discretion and shall be at your own risk.

USER'S LIABILITY TO FORR

The user shall be liable to FORR for any liabilities, losses or expenses incurred by FORR as a result of any breach by the user of these terms and conditions.

CUSTOMER PRIVACY POLICY

FORR shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.dfa.gov.za/department/accessinfo_act.pdf

CESSATION OF AGREEMENT

If by reason of fire, earthquake, labour dispute or strike, act of God or public enemy, any municipal ordinance, any provincial or state law, government order or regulation, or any other cause beyond either party’s control of whatsoever nature, either of the parties are prevented from performing their obligations, then based on such impossibility of performance, all consideration will still be due and payment will only be refundable to the extent the FORR has or will not incur expenses with regard to these obligations.