These terms and conditions apply between the person, firm, company or other entity specified on your booking form (“you” or “your”) and the African Private Equity and Venture Capital Association, trading as AVCA, a company registered in England and Wales under number 07877196 whose registered office is 37 North Row, Third Floor, London W1K 6DH (“AVCA”) for delegate registrations for the summit specified on your booking form (“Summit”). Please read them carefully as they contain important information. By submitting your registration to attend the Summit (“your registration”) you agree to be bound by these terms to the exclusion of all other terms. If you do not agree to be bound by these terms AVCA will be unable to accept your registration.
1. Your registration is an offer to AVCA to attend a Summit which is subject to AVCA’s acceptance in writing (which may include (without limitation) email). A binding contract between AVCA and you will only be formed when written confirmation of acceptance (“Confirmation” or “Confirmed”) is sent by AVCA to you (whether or not it is received) using the contact details you provided at the time of registration. You should contact AVCA if you have not received Confirmation within 5 days of your registration, but in any event if Confirmation is not sent within 14 days of AVCA receiving your registration, your registration will be deemed to be accepted unless AVCA notify you otherwise. AVCA reserve the right in its sole discretion to refuse to accept your registration.
2. You will pay AVCA the fees specified in your booking form for the Summit (“your fees”). Payment of your fees must be received in full and in cleared funds by AVCA from you in accordance with AVCA’s payment terms from time to time in force but in any event not later than 48 hours before the Summit. If payment of your fees in full is not received before the Summit, AVCA may (at its sole discretion) either require such payment as a condition of your entry to the Summit or refuse you entry to the Summit. No refunds of any proportion of your fees already paid (if any) will be made and any balance of your fees will remain due and payable where entry to a Summit is refused under this Condition 2.
3. Prices for each Summit are correct at the time of publication. AVCA reserves the right to change the prices at any time but changes will not affect registrations which have already been confirmed by AVCA.
4. You may cancel your registration in accordance with this Condition 4. You will receive a refund of your fees paid to AVCA (if any): (i) if you cancel your registration 28 days or more before the Summit, subject to an administration charge equivalent to 10% of the total amount of your fees or (ii) if you cancel your registration less than 28 days, but more than 14 days before the Summit, subject to an administration charge equivalent to 50% of the total amount of your fees. AVCA regrets that the full amount of your fee remains payable in the event that your cancellation is 14 days or less to the Summit or if you fail to attend the Summit. All cancellations must be sent by email to firstname.lastname@example.org marked for the attention of Summit Admin and must be received by AVCA. You acknowledge that the refund of your fees in accordance with Condition 4 is your sole remedy in respect of any cancellation of your registration by you and all other liability is expressly excluded.
5. Substitutions with employees from your organisation are welcome at any time but in all other respects delegate registrations are issued for your personal use only and cannot be shared with any person during the Summit. You may not purchase registrations as agent for any third party or sell or otherwise transfer your registration to others, or exploit the registration commercially or non-commercially in any way.
6. AVCA may (at its sole discretion) change the format, speakers, participants, content, venue location and programme or any other aspect of the Summit at any time and for any reason, whether or not due to a Force Majeure Event, in each case without liability.
7. AVCA may (at its sole discretion) change the date or cancel a Summit at any time for any reason. Where AVCA changes the date or cancels the Summit for any reason except due to a Force Majeure Event (in which case the terms of Condition 8 shall apply) AVCA shall offer you the option of attending any rearranged Summit that AVCA chooses to organise (acting in its sole discretion). If you promptly notify AVCA in writing before the date of the Summit that you do not wish to attend the rearranged Summit or if AVCA elects not to rearrange the Summit then you will (as your sole remedy) be entitled, at your discretion, to receive either a credit note or a refund in respect of your fees received by AVCA.
8. Where a Force Majeure Event has or may have (in AVCA's sole discretion) an adverse impact on: (i) the ability of AVCA to hold the Summit at the planned venue or on the planned date; or (ii) the Summit generally, then AVCA shall be entitled but not obliged (in its sole discretion) to either: (i) provide alternative facilities or venue for the Summit; and/or (ii) reschedule the Summit. Any of your fees received by AVCA shall be applied to any rearranged or rescheduled Summit held pursuant to this Condition 8 and you shall not be entitled to object to such rearranged or rescheduled Summit or have any right to claim any compensation in respect thereof. If AVCA is unable or elects not to rearranged or reschedule the Summit pursuant to this Condition 8, then you will (as its sole remedy) be entitled, in your sole discretion, to receive either a refund or credit note in respect of your fees received by AVCA in each case less an administration charge equivalent to 25% per cent of the total amount of your fees (which AVCA may (in its sole discretion) either deduct from any refund or credit note or invoice to you separately). For the purpose of this Condition 8 “Force Majeure Event” means any event arising that is beyond the reasonable control of AVCA including (without limitation) to speaker or participant cancellation or withdrawal, supplier or contractor failure, venue damage or cancellation, health scares, industrial dispute, governmental regulations or action, military action, fire, flood, disaster, civil riot, acts of terrorism or war. These terms and conditions shall apply in respect of any rearranged or rescheduled Summit organised by AVCA pursuant to this Condition 8.
9. To the fullest extent permitted by the applicable law, AVCA shall not be liable to you for any loss, delay, damage or other liability incurred resulting from or arising in connection with the cancellation or date change of the Summit howsoever arising or any venue change. You acknowledge and agree that the provisions of conditions 7 and 8 set out your sole remedy should the Summit date be changed or cancelled and all other liability of AVCA is expressly excluded.
10. AVCA may (at its sole discretion) refuse admission to, or eject from the Summit, any person in its absolute discretion, including (without limitation) any person who fails to comply with these terms and conditions or who in the opinion of AVCA represents a security risk, nuisance or annoyance to the running of the Summit. You agree to comply with all reasonable instructions issued by AVCA or the venue owners at the Summit.
11. All unauthorised photography and the recording or transmitting of audio or visual material, data or information is expressly prohibited. You consent to filming and sound recording and photography of the Summit as a delegate and you consent to the use by AVCA of any such recording or photography containing your image anywhere in the world for promotional, marketing and other purposes. Copyright for images and recordings will be retained by AVCA.
12. The personal information which you provide to us will be held by us on a database. You agree that AVCA may share this information with other companies in aggregate format and selected third party suppliers in the UK and internationally for event coordination purposes.
13. To the fullest extent permitted by the applicable law, AVCA excludes: (a) all liability for loss, injury or damage to persons or property at the Summit; (b) all indemnities, warranties, representations, terms and conditions (whether express or implied); and (c) any actual or alleged indirect loss or consequential loss howsoever arising suffered by you or any loss of profits, anticipated profits, savings, loss of business revenue, loss of business, loss of opportunity, loss of goodwill, or any other type of economic loss (whether direct or indirect). If AVCA is liable to you for any reason, AVCA’s total liability to you in relation to the Summit (whether under these terms or conditions or otherwise) is limited to the amount of your fees received by AVCA.
14. If, by reason of any Force Majeure Event, AVCA is delayed in or prevented from performing any of its obligations under this Agreement, then such delay or non-performance shall not be deemed to be a breach of this Agreement and no loss or damage shall be claimed by you by reason thereof. AVCA’s obligations shall be suspended during the period of the delay or non performance and AVCA and you shall each use reasonable endeavours to mitigate the effect of the Force Majeure Event. The provisions of this Condition 14 are subject to the provision of Condition 8.
15. AVCA reserves the right to amend these terms and conditions from time to time. However, you will be subject to the terms and conditions in force at the time you submit your registration.
16. No person other than you and AVCA shall have the right (whether under the Contracts (Rights of Third Parties) Act 1999 (the “Act”) or otherwise) to enforce these terms and conditions between us without the prior written agreement of you and AVCA.
17. This Agreement is governed by English law and you submit to the exclusive jurisdiction of the English courts. Nothing in this Condition 19 shall prevent or restrict AVCA from pursuing any action against you in any court of competent jurisdiction.