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Interpretation
Purchase and Sale
Payment of Purchase Price
Cancellation or Postponement of event
Advertising
Cancellation of agreement by Purchaser
Transfer of Hospitality Packages and Hospitality Passes
No Advertising or Sponsorship Rights or Association with the Event
Indemnity
Relaxation
 
 
 
  1. INTERPRETATION
    In these General terms and conditions of purchase, unless inconsistent with or otherwise indicated by the context, the following words and expressions shall bear the meaning assigned to them as follows:
    1. “Event” shall mean the Event for which Hospitality package/s have been purchased;
    2. “Entrance Ticket” shall mean the official entrance ticket for the Event or for a designated day of an Event should the event take place over more than one day;
    3. “Hospitality area” shall mean the area designated for the provision of Hospitality services;
    4. “Hospitality package” shall mean one (1) hospitality package comprising the following:
      1. a) one (1) Entrance ticket to the Event;
      2. b) one (1) Hospitality pass entitling the bearer to access the Hospitality area;
      3. c) Reserved parking if applicable and as allocated by the Seller.
    5. “Hospitality pass” shall mean the pass issued to the Purchaser entitling the Purchaser admission to the Hospitality area;
    6. “Hospitality services” shall mean the provision of food and bar facilities for a specified limited period of time and in relation to the specific hospitality package purchased;
    7. “CIRCA” shall mean CIRCA Hospitality (Registration No 2005 / 036384 / 07);
    8. “The Seller” shall mean "CIRCA";
    9. “The Purchaser” shall mean the party purchasing the hospitality package/s;
    10. “the Parties” shall mean the Seller and the Purchaser;
 
  1. PURCHASE AND SALE
    CIRCA hereby agrees to sell to the Purchaser, who hereby agrees to purchase the Hospitality packages for the Event at the price set by the Seller, subject to General terms and conditions of purchase.

  2. PAYMENT OF PURCHASE PRICE
    The Purchaser agrees:
    1. to pay the Seller 50% (fifty per centum) of the purchase price within seven (7) days of receipt of an appropriate VAT invoice from the Seller. The Hospitality package/s requested by the Purchaser shall only be reserved and confirmed for the Purchaser once the signed agreement together with the 50% deposit has been received by the Seller;
    2. to pay the remaining 50% (fifty per centum) of the Purchase price on or before collection of the Hospitality packages. The Seller shall provide the Purchaser of the date by which to collect such packages.
    3. The Purchaser acknowledges that it will only be entitled to physical possession of the Hospitality packages once the full purchase price has been paid to the Seller.
    4. Should payment not be paid by the Purchaser and/or the Hospitality packages not be collected on the date advised by the Seller as required in clause 3.2, the Seller shall have the right, without prejudice to any of its rights in law, to cancel the Agreement without notice to the Purchaser and to retain any and all payments received in terms of this agreement. The Seller is entitles in is sole and absolute discretion to deal with the hospitality Packages as it may deem fit.
    5. CIRCA reserves the right to amend/change any hospitality packages at any given time.
    6. CIRCA reserves the right to make suitable substitutions where necessary at any given time.
    7. CIRCA reserves the right to make changes in the selling price of hospitality packages at any given time.
 
  1. CANCELLATION OR POSTPONEMENT OF EVENT
    Should the Event, for reasons beyond the Sellers control:
    1. be cancelled for any reason whatsoever more than twenty one (21) calendar days prior to the scheduled date of the Event, the Purchaser agrees that it shall be liable to pay the Seller and amount equivalent to 25% (twenty five per centum) of the Purchase price (inclusive of VAT). In the event of the Purchaser having paid the Seller the Purchase price or part thereof, the Seller may retain such amount and refund the balance, if any, to the Purchaser.
    2. be cancelled for any reason whatsoever less than twenty one (21) calendar days prior to the scheduled date of the Event, the Purchaser agrees that it shall be liable to pay the Seller an amount equivalent to 50% (fifty per centum) of the Purchase price (inclusive of VAT). In the event of the Purchaser having paid the Seller the Purchase prices or part thereof, the Seller may retain such amount and refund the balance, if any, to the Purchaser.
    3. be cancelled on the day of the Event, the Purchaser agrees that the Seller may retain the full Purchase price. The Purchaser shall be entitled to utilize the Hospitality services for a period of five (5) hours during the time specified by the Seller. Should the authority responsible for issuing the event entrance ticket agree to refund the cost of such tickets, the Purchaser shall be refunded such amount.
    4. be postponed on the day of the Event, the Purchaser agrees that the Seller may retain the full Purchase price (inclusive of VAT). The authority responsible for issuing the Entrance tickets may agree to make such tickets valid for an allocated new date on which the event is to take place. No Hospitality services shall be provided on the new allocated the date.
    5. It is specifically recorded that the Purchaser agrees that it shall not be entitled to receive any interest accrued on any monies paid to the Seller and / or that which may be refunded by the Seller to the Purchaser
 
  1. CANCELLATION OF AGREEMENT BY PURCHASER
    Should the Purchaser:
    1. cancel for any reason whatsoever more than forty two (42) calendar days prior to the scheduled date of the Event, the Purchaser agrees that it shall be liable to pay the Seller and amount equivalent to 25% (twenty five per centum) of the Purchase price (inclusive of VAT). In the event of the Purchaser having paid the Seller the Purchase price or part thereof, the Seller may retain such amount and refund the balance, if any, to the Purchaser.
    2. cancel for any reason whatsoever more than twenty one (21) calendar days prior to the scheduled date of the Event, the Purchaser agrees that it shall be liable to pay the Seller an amount equivalent to 50% (fifty per centum) of the Purchase price (inclusive of VAT). In the event of the Purchaser having paid the Seller the Purchase price or part thereof, the Seller may retain such amount and refund the balance, if any, to the Purchaser.
    3. cancel for any reason whatsoever less than twenty one (21) calendar days on the day of the Event, the Purchaser agrees that the Seller may retain the full Purchase price.
    4. The Purchaser acknowledges and agrees that should it cancel for any reson whatsoever, then the Seller shall have the right, without prejudice to any of its rights in law, to cancel the Agreement without notice to the Purchaser and to retain any and all payments received in terms of this agreement, and to furthermore seek payment for any amounts outstanding for the booked hospitality packages.
    5. In the event of the Purchaser cancelling, then the Seller is entitled in is sole and absolute discretion to deal with the hospitality Packages as it may deem fit and the Purchaser will not be entitled the use of any such hospitality package or hospitality facility, and nor will any Hospitality services be provided to the Purchaser.
    6. It is specifically recorded that the Purchaser agrees that it shall not be entitled to receive any interest accrued on any monies paid to the Seller and / or that which may be refunded by the Seller to the Purchaser.
 
  1. TRANSFER OF HOSPITALITY PACKAGES AND HOSPITALITY PASSES
    1. The Purchaser acknowledges and agrees that it shall not be entitled to transfer the Hospitality packages acquired by it in terms of this agreement to any other party. The Purchaser shall be specifically prohibited from selling Hospitality package/s and/or granting Hospitality package/s as prizes to third parties, unless authorized there to by the Seller.
    2. The Purchaser acknowledges that it shall not permit the transfer of Hospitality passes on the day of the Event to unauthorized persons (i.e. persons who would otherwise not be permitted access to the Hospitality area).
    3. Any transfer of Hospitality packages and/or Hospitality passes in contravention of the above shall put at risk the bearer of such Hospitality package/s and/or Hospitality pass/es who will be denied access to the Hospitality area.
 
  1. NO ADVERTISING OR SPONSORSHIP RIGHTS OR ASSOCIATION WITH THE EVENT
    1. The Purchaser expressly acknowledges and accepts that the purchase of Hospitality Packages does not grant any marketing, advertising or promotional rights with respect to the Event, Rights Owner, CIRCA Hospitality or the Event Organiser.
    2. The Purchaser shall not hold itself out as a sponsor of, or otherwise associate itself or its name in any manner whatsoever with the Event, Rights Owner, CIRCA Hospitality or the Event Organiser.
    3. The Purchaser shall have no right to use the official emblem, official designations and mascot(s) (if any) of the Event. It is prohibited to introduce into the arena where any Event is being staged any promotional or commercial items of whatever nature including, but not limited to, banners, signs, symbols and leaflets as detailed further hereafter.
    4. The Purchaser shall not be permitted to advertise, through any medium, CIRCA Hospitality’s packages.
    5. The Purchaser agrees that it may not erect advertising of any nature whatsoever or distribute advertising or like material in the Hospitality area without the prior written approval of the Seller, which it may in its sole and absolute discretion determine.
    6. Any recognition sign of the Purchaser in any manner whatsoever at the Venues is strictly prohibited.
    7. The Purchaser shall not, before, during and after the Event use the Hospitality Package or any part thereof for marketing or promotional purposes including, but not limited to, use as a prize in competitions, games, lotteries, sweepstakes or any other similar operations or conduct any promotional, advertising or marketing activity in relation with the Event, Rights Owner, CIRCA Hospitality or the Event Organiser.
    8. Any lenience on the points as outlined in section 8 may be granted at CIRCA Hospitality’s discretion and must be confirmed in writing by an authorised senior CIRCA representative.
 
  1. INDEMNITY
    1. The Seller, its employee/s, officer/s, agent/s and/or invitee/s shall under no circumstances be held liable for any damages or loss suffered by the Purchaser or any third party bearer of the Hospitality package sold to the Purchaser, arising from any act or omission by the Seller, its employee/s, officer/s, agent/s and/or invitee/s and the Purchaser hereby irrevocably indemnifies the Seller against such claims.
 
  1. RELAXATION
    1. No latitude, extension of time or other indulgences which may be given or allowed by either party to the other party in respect of the performance of any obligation hereunder or the enforcement of any right arising from the Agreement shall under any circumstances be construed as a variation or waiver of the rights granted and/or obligations imposed on either party in terms of the Agreement.
 
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