TERMS & CONDITIONS

Welcome! In order to ensure that you our users have a safe and pleasant experience with us, it is important that you read and understand these Terms and Conditions. As you are bound by law to be aware of and to adhere to these Terms and Conditions when you access this website, buy from us or make use of any of the services offered by A.I. Fest.

These terms represent an agreement between you, the person or entity accessing or using our website (www.ai-fest.co.za), and making use of our services via this website. Throughout these Terms and Conditions “A.I. Fest” refers to its owner, employees and affiliates. Also, throughout these Terms and Conditions the word “website” shall refer to the abovementioned A.I. Fest website. This agreement between you and A.I. Fest shall from here on out be referred to as the Terms and Conditions. By accessing the A.I. Fest website and/or making use of any of the services offered you are deemed to have agreed to these Terms and Conditions.

Any waiver of rights by you or A.I. Fest in terms of these Terms and conditions must be in writing to be effective. No failure or delay on the part of A.I. Fest in exercising any right under these Terms and conditions will be seen as a waiver of that right.

These Terms and Conditions do not constitute an agreement of employment, partnership, joint venture or agency between A.I. Fest and you. Neither you nor A.I. Fest has the power to make a contract in the name of the other or to grant or pledge credit, incur liability or employ any person on behalf of the other.

You may not cede or delegate any rights or obligations in terms of these Terms and Conditions without the prior written consent of A.I. Fest.

Any amendment to these Terms and Conditions must be in writing and signed by you and A.I. Fest.

A.I. Fest has the right to alter these Terms and Conditions at any time at their own discretion without having to inform its users, and it is your obligation to check the Terms and Conditions in force at the time of your use of our website and services and you agree to be bound by the Terms and Conditions in force at that time.

Any notice given by either you or A.I. Fest in terms of these Terms and Conditions must be in writing and delivered by personal delivery, express courier, confirmed facsimile or registered post. Any such notice will be deemed given upon personal delivery, two days after dispatch by express courier, upon confirmation of receipt of facsimile or seven days after dispatch by registered post. Notices will be sent to you at the designated address provided by you on the Website. Notices sent to A.I. Fest must be sent to info@ai-fest.co.za. You and A.I. Fest may change address or facsimile number for purposes of these Terms and Conditions by giving the other written notice of its new address or facsimile number.

A.I. Fest may at any time change any/all of their details, banking details, addresses, contact numbers and email addresses at their own discretion at any time without prior permission from its users. You agree to check and ensure that you are utilising the correct details every time you access the website, or make use of any of our services.

If any provision of these Terms and Conditions is or at any time becomes invalid, illegal or unenforceable, then that specific provision shall be separated from the other provisions of these Terms and Conditions and the other provisions of these Terms and Conditions shall continue to be of full force and effect.

If any dispute or legal proceedings should arise in connection with any matters related to these Terms and Conditions, any services offered via this website or any if the products, you and A.I. Fest consent to the jurisdiction of the Magistrate’s Court having territorial jurisdiction, notwithstanding that such dispute or proceedings are otherwise beyond its jurisdiction. This clause shall be deemed to constitute the required written consent conferring jurisdiction upon the court pursuant to Section 45 of the Magistrate’s Court Act, 1944, provided, nevertheless, that you and A.I. Fest shall have the right to institute proceedings in any other competent court.

These Terms and Conditions are the sole record of the agreement between you and A.I. Fest and contain all of the provisions governing the relationship between you and A.I. Fest, in relation to the access of the Website or use of Services via the Website or on a personal basis.

GOVERNING LAW

These Terms and conditions will be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of laws.

STATEMENT OF PRIVACY

A.I. Fest respects your right to privacy at all times. As such A.I. Fest shall not divulge to any third party any information obtained from you and your use of our websites or services to the extent that such information is not already in the public domain, unless required to do so by law.

A.I. Fest reserve the right to release to third parties, in aggregate format, data pertaining to your use of any of the A.I. Fest Services, and website, provided that such data is released as statistical totals and does not contain any personal or sensitive information which specifically identifies a particular user of our website. A.I. Fest also reserves this right in order to give any potential advertisers and other third parties statistical information regarding the number of users of our website, their age and gender profiles and their frequency of using the services, and website.

You should also be aware that information and data is automatically collected through the standard operation of the Internet servers and through the use of “cookies”. “Cookies” are small text files a website can use to recognize repeat users and facilitate the user’s ongoing access to the Website. Cookies are not programs that come onto your system and damage files. Generally, cookies work by assigning a unique number to you that has no meaning outside the assigning site. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature; however, you should note that you may not be able to purchase A.I. Fest Services via the Website if you disable the cookie feature.

Any Information provided by you when you create an account with us, make use of or enlist our services and/or place an order with us will be stored permanently to make the processing of any future orders or returns easier for all parties involved. The details that will be kept include: Customer Name, Email Address, Telephone Number, Physical Address, and any other details relating to the products or services you ordered (Name of product, quantity, price and serial numbers). Credit Card details, as other sensitive financial information will be stored.

WEBSITE USE
Disclaimers

A.I. Fest cannot be held responsible for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party as a result of or which may be attributed, directly or indirectly to, but not limited to: Your reliance on or use of any information, suggestions, content or comments provided on or via the website or A.I. Fest Personnel; any e-mails sent from A.I. Fest personnel and the related website; any services provided by A.I. Fest including those provided via this Website; any viruses that may infect your computer or other property due to your access to or use of this website; the use of any/all content, data or information provided on/via the website and A.I. Fest personnel; any failure, delay or unavailability of the website, including any services offered via the website for any reason whatever; the failure or delay in supplying any of the services offered by A.I. Fest personnel via the website; and the breach of any of these Terms and Conditions by you.

As a result you agree to indemnify A.I. Fest, all its officers, members, employees, successors and assigns in respect of any loss, liability, damage (whether direct, indirect or consequential) or expense of any nature whatsoever, which may be suffered by you or any third party as a result of or which may be attributable, directly or indirectly, but not limited to, any of the conditions mentioned above.

Content

While we at A.I. Fest make every effort to update the information provided on the Website on a regular basis, we make no guarantees or warranties, whether expressed, residual and/or implied in law, that the information contained and presented/ shown on this website is up to date, accurate, complete and reliable. A.I. Fest reserves the right at any time to change or discontinue without notice, any aspect, feature or service offered via the websites.

Any/all of the opinions, information, data or content contained presented/shown on these websites are meant to be used for information purposes only, and are not offered or meant to be used as advice in any way. A.I. Fest makes no representations whatsoever as to the accuracy, completeness or reliability of any such opinions, information, data or content.

You acknowledge and agree that A.I. Fest has the right to check on and verify the identity of any person and/or persons, making use of these website, any/all services offered by and/or purchasing any A.I. Fest products via this website or e-mail and the validity of any details provided when signing up, as well as their credit worthiness and history.

A.I. Fest are entitled to withhold any order until it has verified the identity and details of the person signing up/placing the order. A.I. Fest is also entitled to withdraw/decline an order should they have any discrepancies with the identity and/or any details that have been provided or discovered by the user/users.

You agree not to use any false e-mail addresses, impersonate any person or entity, or otherwise mislead as to the origin and worthiness of a credit card or your personal details, or attempt to do any such acts.

You acknowledge and agree that A.I. Fest shall be entitled to check on and ensure that any communication sent to it by way of the Internet that comes from you is authentic. You agree that all instructions, orders, consents, commitments and any other communications sent to A.I. Fest from you, which may for any reason whatsoever be different from the details actually sent or given, or may not have been given by you at all, will be deemed to have been given and agreed to by you in the way it was actually received by A.I. Fest and you will be bound by such details with no liability of whatever nature attaching to A.I. Fest or any of its affiliates or employees.

You waiver any rights you may have or obtain against A.I. Fest arising directly or indirectly from any loss or damage of any nature which you may suffer as a result of A.I. Fest acting on instructions received or assumed to have been sent by you. You agree to and hereby indemnify A.I. Fest against all and any claims, liabilities, losses, costs, fines, damages, and expenses incurred (whether directly or indirectly) by you, as a result of the fact that A.I. Fest has acted on instructions sent by you, or assumed to have been sent by you.

External Links

Any external links that are/ may be provided by A.I. Fest for your convenience, do not represent any views or opinions of A.I. Fest, their employees or affiliates in any way and are beyond the control of A.I. Fest. As such you agree that when you make use of these external links and any opinions and information expressed on that site, that you do so at your own risk and cannot hold A.I. Fest or any of its affiliates or employees responsible. Once you click on the external link you are bound by the Terms and Conditions enforced by that site.

System Availability

A.I. Fest cannot guarantee that the websites will be available each and every time you attempt to access it or use any of the services made available to you, and reserves the right to suspend the operation of the A.I. Fest website at any time and for any reason whatsoever.

Warranties

You agree to be financially responsible at all times for your use of this website (as well as for any and every use of your account by others, including without limitation any person under the age of eighteen years).

Children

Persons under the age of 18 years may only make use the services offered by A.I. Fest via the website under the supervision of a parent or guardian. If you are of sufficient legal age to use the services offered via our websites, you agree to supervise anyone under the age of 18 years, that makes use of the A.I. Fest website and the services offered via this website under your name of account, and you will be bound by any legal and monetary obligations and liabilities that you may incur as a result of such use of our website and services.

If you are under 18 years of age, you may purchase A.I. Fest services only with the supervision of your parent or guardian. If you represent that you are of a sufficient age to legally purchase A.I. Fest products via our website you will be bound by these Terms and Conditions, as well as, any legal obligations that you may incur as a result.

You hereby warrant and guarantee that every instruction and all information provided by you to A.I. Fest shall be accurate, true and complete.

A.I. Fest makes no guarantees, warranties, representations, statements (whether expressed, implied in law or residual) whatsoever regarding the website, or any services provided via this Website or the suitability of any of the services for any particular purpose.

Due to the fact that A.I. Fest provide certain services to you via the Internet, A.I. Fest make no guarantees, nor give any warranties of any nature as to the availability of any communications network or systems of any third party on whom you or A.I. Fest rely on to provide any of the services.

By entering your details or details that purport to be yours and by submitting those details, you represent that you have the required authority to enter into and accept these Terms and Conditions.

Purchase of Services

You agree, understand and accept that A.I. Fest makes no warranties, representations, statements or guarantees, whether express, residual or implied, as to any of the A.I. Fest services, including but not limited to the implied warranties of merchantability or fitness of these services for a/any particular purpose.

When you enter your personal details on this website, you are deemed to be bound by the Terms and Conditions in force at the time and especially by these Terms and Conditions that relate directly to the purchase of any A.I. Fest services. You may not make use of, or purchase any A.I. Fest services via this website should you not wish to be bound by these Terms and Conditions.

Please note that A.I. Fest reserves the right to perform any credit-worthiness checks on you or any potential client, group or company, should we choose to do so. If A.I. Fest finds or decides that you or any potential client, group or company are not sufficiently credit worthy, A.I. Fest may either decline the order or require full payment of the Purchase Price or demand any other assurance from you before the services are performed, or ordered.

While A.I. Fest makes every effort to ensure that the content of these website is accurate, A.I. Fest makes no warranties, representations, statements or guarantees, whether expressed, residual or implied, as to the accuracy, completeness, timeliness, reliability, content or availability of any information provided on the website.

You agree that A.I. Fest shall not be liable, under any circumstances, for any loss, liability, expense or damage, (whether direct, special, indirect, incidental or consequential) that may arise as a result or in connection with the purchase, use or supply of any of the services or the use or reliance upon any information that has and will be provided on this website.

Any A.I. Fest services that you purchase or make use of and that A.I. Fest sells to you are those that you have chosen by clicking on the ’Book Now’ link. This includes those services that you have requested via e-mail, contacted us personally about and signed on for.

The South African Rand is (for the time being) the preferred currency used by A.I. Fest in the purchase of all our services. The total amount due by you to A.I. Fest will be indicated under the heading “Total”.

You may choose to pay the purchase prices, and/or any other cost incurred by you for any reason whatsoever through one of the following methods: EFT, PayFast (Credit Cards), direct deposit or Cash.

We do not accept cheques and Postal Orders.

You agree that the payment of the total Purchase Price must be made in full before the services you have ordered are delivered to you. As such you agree that A.I. Fest reserves the right to not release or deliver any/all services requested until it has received full payment of the Purchase Price.

Indemnity

You indemnify A.I. Fest, its officers, members, employees, successors and assigns from any liability, loss or damage (whether direct, special, indirect, incidental or consequential) resulting from any claim, complaint, dispute, proceeding or cause of action against any of them related to the Services, including without limitation their purchase, delivery, late delivery, non-delivery, or use.

Should you not fully pay the Purchase Price for the services you have requested, you agree to be held liable for all collection costs incurred by A.I. Fest including, but not limited to, all reasonable attorney and collection agency fees.

Blogs / Forums

You agree to use the A.I. Fest website and blogs / forums in accordance with these Terms and Conditions, and to use it, without exception, for lawful purposes only. You are prohibited from posting on or transmitting through our website or blog or forums any unlawful, harmful, sexually explicit, vulgar obscene, threatening, abusive, defamatory, harassing, profane, hateful, racially or any otherwise objectionable material of any kind whatsoever, including but not limited to, any material or information that would encourage, or be seen to be encouraging any form of conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law.

Any conduct by you, or any other persons, group or company that in any way restricts or inhibits any other user from using or enjoying this website will not be permitted.

You also agree to properly consider and respect the rights, privacy and dignity of others and are prohibited from discussing any topic that is, or would under any circumstance be seen to be questionable, objectionable or inflammatory to others. These include, but are not in any way limited to topics such as politics and religion.

A.I. Fest reserves the right to at any time and at our own discretion ban, edit or refrain from posting any comments made by our users.

The A.I. Fest blogs or forums are meant for suggestions and commentary by our users only. It is not under any circumstances to be considered or used by any one person, group or company as a means of advertising on any subject, and especially for profit in any regard or for any reason whatsoever. As such you, as well as any group of persons and companies are prohibited from using the A.I. Fest blogs or forums to advertise, to perform or to promote any products and/or services provided by you, any other group of persons or any other company, other than those offered by A.I. Fest, without prior written consent of the owner of A.I. Fest.

When you post on our blog or forum, you agree to give A.I. Fest non-exclusive, royalty-free license to make use of, publish, broadcast and reproduce any/all of your comments, ideas and suggestions without exception in any medium we choose, in any way we choose and for any purpose whatsoever. This includes, but is no way limited to, the right to create derivative works of, and to use the content posted on the A.I. Fest blogs or forums to help develop, enhance, distribute, and market A.I. Fest products and services.

You agree that A.I. Fest cannot be held responsible for any of your submissions, blogs or responses from A.I. Fest. Any product concepts, ideas, images or statements and/or suggestions of any kind and in any way submitted, or deemed to be submitted by you to A.I. Fest will be considered the property of A.I. Fest and not you.

A.I. Fest will not be held responsible for any claims to ownership, royalties, license fees or any other intellectual property claims if those concepts or ideas, images, statements and suggestions should we choose to and actually use them in promotions, marketing or products.

You also guarantee that any/all content posted by you is your original work in which you own the copyright, or have been granted permission to use, and that the use of such content does not in any way violate or infringe on the copyright, registered trademark or intellectual property rights of a third party. Should you breach the copyright, registered trademark or intellectual property rights of any third party, you agree You agree to defend, indemnify and hold A.I. Fest, and its affiliates, officers, directors, employees, agents, successors and assigns, harmless from any claim or demand (including reasonable attorney’s fees and costs)and dispute, made by any third party as a result of, but not limited to, any content posted by you on the A.I. Fest blogs or forums, your violation of the intellectual property rights of others, or your violation of these Terms and Conditions.

Any and all details provided by you when registering with us will be held in accordance with the privacy policy as mentioned in these Terms and Conditions. As such please make sure that you have read and understood our privacy policy before registering. For once you have registered you are bound by these Terms and Conditions. Any other material, content or information that you provide otherwise, will be considered as non-confidential and non-proprietary.

When filling out the registration form you agree to provide the most complete and accurate information only, and to update it whenever necessary. A.I. Fest reserves the right to suspend or terminate your account and the right to post on our blogs or forums if the information you have provided is, or is in any way or by any means deemed to be incorrect.

A.I. Fest makes no warranty, expressed or implied, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any content posted on our blogs, as well as, any specific commercial products, process, or service by trade name, trademark manufacturer, or otherwise, does not necessarily constitute or imply its endorsement, recommendation, or favouring by A.I. Fest. All views and opinions of the authors expressed in the blogs are the writer’s own and do not necessarily state or reflect those of A.I. Fest.

You agree that A.I. Fest and its affiliates, officers, directors, employees, agents, successors and assigns shall not be held liable for any direct, indirect, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits (even if they have been advised of the possibility of such damages), as a result of, or resulting from the use of the A.I. Fest blogs or forums.

RIGHT OF ADMISSION (To events hosted by Anime Infection (Pty) Ltd. and A.I. Fest)

When attending any event hosted by A.I. Fest, you agree to be bound by the rules and conditions governing the venue, and the Terms and Conditions of A.I. Fest.

A.I. Fest and the venue cannot be held responsible for the theft, loss and or damage whether intentional or by accident of any of your property. You bring it at your own risk and agree to take care of your personal belongings.

A.I. Fest and the venue cannot be held responsible for any injuries incurred whether on purpose or by accident while you are on the property as you enter and participate at your own risk.

The venue and its facilities are used entirely at your own risk and neither venue, A.I. Fest, nor any of its subsidiaries, employees, agents, managers or directors shall be held liable for any form of physical injury or death to any person/s or any loss or damage to any property which may be caused by theft, fire, wildlife or any other causes whatsoever as result of or in connection with the use of these facilities.

A.I. Fest cannot be held responsible for any illness or injury incurred during the duration of events hosted by A.I. Fest; as you are there, participate and buy products and the food at your own risk. A.I. Fest cannot be held responsible for any consequences that may arise, if you did not specify or adhere to any food allergies you may have, or not even be aware of.

No refunds will be given on any food or drinks sold at the snack bar.

This event is not suitable for any one suffering from epilepsy. As such A.I. Fest cannot be held responsible for any complications incurred as a result of any illness or condition that you may have. You participate in events hosted by A.I. Fest at your own risk.

A.I. Fest reserves the right to decline entrance to any person or group of persons for any reason whatsoever, at their own discretion, and may ask you to leave at any time. If you or any other group of persons are asked to leave as a result of breaking any one of the rules forthwith laid out, you agree that you will not be refunded your entrance fee, as well as, any applicable tournament fees.

A.I. Fest cannot be held liable for any interruptions of services, such as water, electricity and sanitary services.

A.I. Fest, reserves the right to cancel any booking forthwith and without any liability on its behalf in the event of any damages, or destruction of the venue by fire, shortage of labour, strikes, industrial unrest or any other cause beyond the control of A.I. Fest which shall prevent it from fulfilling its services. In these circumstances every effort will be made to find an alternative venue or refund your money.

Any one or group of peoples are permitted to come to tournaments hosted by A.I. Fest, to see what we do and what we are about. However, you may not participate in the Tournaments or any additional activities provided by A.I. Fest on the day without paying the necessary fees involved.

You are not permitted to display any form of behaviour or speech which may be considered harmful, destructive, inappropriate, derogatory, obscene, racially sensitive or insulting, etc. Any such misconduct by any one person or group of people will not be tolerated and A.I. Fest reserves the right to remove you any other party/parties involved from the event and property. In this case A.I. Fest reserves the right to withhold any monies paid in by you, and you will not be granted any refunds.

A.I. Fest reserves the right to decline entrance to any one or group of people, at our own discretion and for any reason we deem acceptable. These include, but are not limited to, reasons such as health concerns, credit worthiness, former knowledge of disruptive attitudes and behaviour etc, in order to ensure that the event is a pleasant one for everyone involved.

You may only smoke outside the building.

You are prohibited from bringing any type of hacks, viruses etc. to LAN events hosted by A.I. Fest. It is your responsibility to ensure that your PC is not infected by any viruses before attending the LAN. Anyone found or suspected of having a virus or hack on their PC, may be asked to leave the venue. As such you also agree that A.I. Fest cannot be held liable for any viruses or hacks that may affect your PC when participating in the LAN. You are responsible for making sure that you have all the necessary and appropriate hardware and software, unless you made previous arrangements with the LAN hosts. Please, DO not under any circumstances bring a broken computer to the LAN event and ask us to fix it. DO NOT touch or use anyone else’s computer or property without permission. Should you leave your station unattended, A.I. Fest cannot be held responsible for any damages to your property or any theft that may occur.

A.I. Fest staff have a final say about everything that happens at the event.

Please leave your station / the venue as clean as you found it. A.I. Fest reserves the right to request that clean up your own mess and for you to agree to oblige.

Theft is strictly prohibited. If you are caught stealing, you will be removed from the event and you will be reported to the police and the necessary authorities.

No running around, no throwing things, and no destructive behaviour is allowed in the venue. If you break something as a result of this you will be completely responsible for all the damages and costs incurred.

You are prohibited from bringing any drugs or alcohol onto the premises or into the venue. If we suspect that you are under the influence, you will be immediately removed from the venue along with your property and you will be held fully accountable for any damages or cost incurred as a result.

You agree to indemnify A.I. Fest against any losses, damages and costs that may be incurred whilst getting to the event or A.I. Fest offices and headquarters.

GENERAL
Trademarks
COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS

The A.I. Fest website is for your personal and non-commercial use only. The trademarks, names, logos and service marks that pertain to A.I. Fest displayed on this website is registered and unregistered Trademarks of A.I. Fest. Consequently, all copyrights and intellectual property rights in all the materials made available through our websites are owned by A.I. Fest respectively, who is the lawful user thereof and is protected by both South African and international intellectual property laws. Nothing contained on our website must/can be seen and considered as granting any permission, license or right to use any of the Trademarks without the prior written permission and consent of A.I. Fest and its affiliates. As such any unauthorized copying, reproduction, re-transmission, distribution, dissemination, sale, publication, or other circulation or exploitation of such material as aforesaid or any component thereof will constitute an infringement of such copyright and other intellectual property rights. Other trademarks, names, logos and service marks used are the property of their respective owners.

You agree that the designs of any and all posters, fliers, pamphlets, websites, adverts, logos and anything of this nature made, created and distributed by A.I. Fest, as well as the posters, fliers, pamphlets, websites, adverts and logos themselves are copyrighted and trademarked and belong solely to A.I. Fest. They may not under any circumstances or by anyone, group or company be duplicated in any way for your/their own personal use or any other use whatsoever.