AfricanBrains General Summit Terms and Conditions
In the terms and conditions the following definitions apply:
“The Summit” means the event named in the information schedule.
“The Organiser” means The Brains Network Ltd.
“Paying Delegate” means any participant who has paid to attend The Summit at the Fee specified in the information schedule and will reap the benefits of attendance as outlined in the information schedule.
“Sponsor” or “Exhibitor” means any organisation which has paid to attend The Summit utilising a sponsorship or exhibition package at the Fee specified in the information schedule and will reap the benefits of participation as outlined in the information schedule.
“Registration Form” means the official agreement between the Organiser and any Paying Delegate, Sponsor or Exhibitor that confirms the participation of said Delegate, Sponsor or Exhibitor at the Fee specified on the Registration Form. The Registration Form is the binding contract for participation between the Organiser and any Paying Delegate, Sponsor or Exhibitor.
“The Applicant” means any organisation, completing and sending to The Organiser, the Registration Form for The Summit.
“The Fee” means the amount shown as the total price payable by any Paying Delegate, Sponsor or Exhibitor.
“Information Schedule” means the paperwork and/or the online information provided by The Organiser to promote and detail The Summit.
“The Venue” means the location of The Summit as specified in the Information Schedule.
“Participants” means all attendees of The Summit, including Paying Delegate, Sponsor or Exhibitor, speakers, government officials and any other party who forms part of The Summit’s content and organisation.
2. Regulations and Authority
All Participants must comply with the laws and requirements of the host country of The Summit and any other local or public authorities where applicable and in force at the time of The Summit. All participants undertake to comply with the obligations set out in these terms and conditions and any other additional contract or agreement pertaining to attending, sponsoring or exhibiting at The Summit. If applicable, an Exhibitors manual will be provided. Exemptions from any specified rules may only be effective if granted in writing, in advance by the organiser.
3. Booking Process
All applications to participate as a Paying Delegate, Sponsor or Exhibitor must be confirmed on The Organiser’s official Registration Form. All Registration Forms must be returned, signed by an authorised official of the Applicant by either fax or scanned and sent by email to the locations specified in the Information Schedule. Once submitted the Registration Form, The Organiser shall send confirmation of receipt and further details pertaining to participation. Any Applicant completing and sending The Registration Form acknowledges that The Organiser starts to incur expenses to fulfil the terms of participation.
4. Terms of Payment
On receipt of The Registration Form the Organiser shall send the Applicant confirmation of their participation and will include an invoice for The Fee as specified and agreed by the Applicant on The Registration Form. Payment to the Organiser must be made as specified by the instructions on the invoice. If The Applicant fails to pay The Fee on the due date for payment, The Organiser may at any time thereafter either:
- by notice to The Applicant declare the balance remaining unpaid of The Fee immediately payable, whereupon The Applicant shall pay such balance to the Organiser forthwith on demand; or
- terminate the agreement to participate forthwith by notice to the Applicant served at any time after the due date for payment.
Any changes to the terms of payment as specified on the invoice can only be made by The Organiser and are only effective once received in writing from an authorised executive of The Organiser.
5. Cancellations by Applicants
Cancellations or changes to the original booking as specified on the Registration Form must be made in writing to The Organiser. As per clause 3 all Applicants agree that The Organiser starts to incur expenses immediately in order to fulfil the terms of participation. Hence the following cancellation clauses apply:
- 45 days before the start of The Summit: 100% of the total Fee shall be retained.
- 90 days before the start of The Summit: 50% of the total Fee shall be retained.
- 120 days before the start of The Summit: 25% of the total Fee shall be retained.
Any refunds made as specified above shall be made 30 days after the final day of the Summit.
Without prejudice to their rights outlined in Clause 4, The Organiser may terminate the agreement to participate as specified on the Registration Form forthwith by notice to the Applicant:
- if the Applicant shall in the opinion of The Organiser become or threaten to become insolvent; or
- if the Applicant shall fail to make payment of the Fee on or before the due date as specified in the invoice sent to the Applicant on completion of The Registration Form.
All Paying Delegates, Sponsors or Exhibitors are required to fulfil the terms set out in their invoice. Entry to The Summit is only possible on fulfilment of those invoice terms. If there is any breach of agreement or failure to comply with regulations, as per Clause 2, the Organiser has the right to terminate participation and shall be entitled (without prejudice to their rights) to require the Sponsor or Exhibitor to remove forthwith from the Venue all property of the Sponsor or Exhibitor or its contractors at a time stated by the Organiser.
The Sponsor or Exhibitor shall reimburse to the Organiser on demand all legal and other costs incurred by the Organiser in connection with the termination of participation or the enforcement of The Organiser’s rights hereunder and any costs incurred by the organiser in the furnishings or alterations of the area vacated by the Sponsor or Exhibitor in order to maintain an orderly Summit.
7. Cancellation of Summit and Changes by The Organiser/Force Majeure
If The Summit is cancelled, abandoned or suspended in whole or in part by reason of war, fire, national emergency, lockout, strike, civil disturbance, labour dispute, inevitable accident, instruction of government or local authority in host country, the non-availability of the Venue premises, or any other cause outside of the control of The Organiser whether ejusdem generis or not, The Organiser shall be under no obligation to repay the whole or part of The Fee, and shall be under no liability to any Paying Delegate, Sponsor or Exhibitor in respect of any such cancellation, abandonment or suspension. In such event, The Organiser reserves the right to change the Venue and/or date of The Summit and to substitute the new Venue and date for the Venue and date named in the Information Schedule.
The Organiser reserves the right to cancel or postpone The Summit at any time up to the start date of The Summit and offer a credit of The Fee without any liability to the Paying Delegate, Sponsor or Exhibitor. Such credit shall pertain to the re-scheduled Venue and date of The Summit.
If The Organiser is prevented or delayed from performing their obligations under this Agreement by any factor or the threat of any factor beyond their reasonable control (including, for the avoidance of doubt, any decision by The Organiser to cancel or postpone all or part of the Summit (a “Force Majeure Event”), The Organiser shall not be liable for any such failure or delay in the performance of their obligations and no payments made by the Paying Delegate, Sponsor or Exhibitor shall be repayable or returnable to the Paying Delegate, Sponsor or Exhibitor provided that The Organiser has:
- used all reasonable endeavours to perform their obligations under this Agreement and to mitigate the effect of the Force Majeure Event; and
- given as much written notification as is reasonably practicable to the Paying Delegate, Sponsor or Exhibitor on and of the occurrence of the Force Majeure Event, the events giving rise to that Force Majeure Event and an estimate of the length of the resulting delay, if any.
8. Sponsorship and Exhibition Allotment
A stand, booth or tabletop area will be held as let for 28 days after the date shown on the Registration Form. If payment of The Fee is not received as set out in the terms of the invoice, The Organiser reserves the right to allocate the stand, booth or tabletop area elsewhere without notice to the sponsor or exhibitor.
The agreement constitutes a licence to exhibit and not a tenancy. The Organisers reserve the right at any time to make alterations in the floorplan and to any stand, booth or tabletop area as may in their opinion be necessary in the best interests of The Summit. Any such alterations by The Organiser will in no way affect the Fee for participation.
The stand, booth or tabletop area may not be assigned, subcontracted or sublet nor may display the goods of any other person or company.
The Organiser requests the right to remove any goods or products displayed within the stand, booth or tabletop area that it deems offensive, inappropriate or of a nature contrary to the purpose and theme of The Summit. The Organiser strictly forbids the exhibiting of any alcohol or tobacco products or any goods and services deemed illegal in the host country.
All exhibits, displays, materials and fittings must be removed from The Venue by the time and date specified by The Organiser. Removal of such exhibits and any dismantling may not commence until after the official closing time of The Summit, unless prior approval has been obtained in writing from the Organiser.
9. Electrical Requirements
Fabrics and other decorative materials must have proven flame resistance in accordance with DIN4102. The use of explosives and dangerous combustible materials is prohibited. The use of propane, butane and similar gases is prohibited. The use of flammable liquids is prohibited.
10. Dangerous Materials
All electrical installations may only be carried out by the Venue or the officially appointed electrical contractor. Electrical devices which interfere with radio or audio-visual systems must be switched off immediately if requested by The Organiser. The use of laser equipment requires advance notification and approval in writing from The Organiser. Full lighting and power services will be available through The Venue.
11. Fire and Safety
All exhibits or portions thereof must comply fully with applicable health, fire and safety regulations. Wall hydrants, fire extinguishers, fire alarms and instruction notices must not be obstructed in anyway. Sponsors or Exhibitors must comply with any reasonable instructions given by the Venue, the Organiser or any appropriate authority in the interests of fire safety or health and safety regulations.
12. Copyrights and Patents
The Organisers will not be liable for any damages the Sponsor or Exhibitor, his servants or agents may sustain in respect of the infringement of any of his copyright arising out of his participation in The Summit.
13. Rights of The Organiser and The Venue Owners
The Organiser and the owners of The Venue or of interests therein and those authorised by them respectively have the right to enter the Venue at any time to execute works, repairs and alterations and for other purposes. No compensation will be payable to the Sponsor or Exhibitor for damage, loss or inconvenience so caused.
14. Security Services
The Organiser in conjunction with The Venue operators will organize general site security during the period of The Summit but will not accept any liability for loss or damage.
Whilst The Organiser will endeavour to protect exhibition property whilst on display at The Summit, it must be clearly understood that the management of the Venue, and the Organiser cannot accept liability for any loss or damage sustained or occasioned from any cause whatsoever. Sponsors and Exhibitors will be responsible for all damage to property and for any loss or injury caused by them or their agents or employees and will indemnify the Organiser and Venue operators against all claims and expenses arising therefrom. In the event of it being necessary for any reason whatsoever for the Summit to be abandoned, postponed or altered in any way in whole or in part, or if the Congress or Exhibition Organizers find it necessary to change the date of the Summit, the Organiser shall not be liable for any loss which the Sponsor or Exhibitor or exhibition contractors may incur owing to the intervention of any authority which prevents or restricts the use of the Venue premises or any part thereof in any manner whatsoever.
The Sponsor or Exhibitor exhibits entirely at its own risk and the Organisers accept no liability, whether in contract or in tort (including negligence), to the Sponsor or Exhibitor arising out of or in connection with the Summit or the acts or omissions of the Organisers or its officers, servants, subcontractors, agents or visitors in relation thereto save as regards the contractual obligations of the Organisers hereunder.
All conditions and warranties, express or implied, statutory or otherwise, in relation to the performance by The Organiser of its obligations hereunder are hereby excluded except as expressly stated herein.
The Organiser has no liability to the Sponsor or Exhibitor for the performance by other persons at The Summit of their obligations to The Organiser.
The Sponsor or Exhibitor shall hold harmless and indemnify The Organiser from and against all actions, proceedings, losses, claims, demands and liabilities (including costs on an indemnity basis) suffered or incurred by The Organiser arising out of or in connection with any act or omission of The Sponsor or Exhibitor or its officers, servants, contractors, agents or visitors.
The provisions of this clause shall not apply to exclude or restrict the liability of the Organiser for death or personal injury resulting from negligence of the Organiser.
Delegates, Sponsors and Exhibitors are reminded of the need to consult their Insurance Company or Insurance Brokers to cover themselves fully against all risks at the Summit. Particular attention is drawn to the need for the following:
- Abandonment Insurance: As specified in Clause 7 above the Organiser is not obliged to return any money in the event of suspension, cancellation or abandonment and therefore any paying delegate, sponsor or exhibitor may deem, in their own judgment, take out the necessary Abandonment Insurance.
- Stands, Fixtures and Similar Insurance: All risks on loss or damage to the Sponsors or Exhibitor’s property, fixtures, fittings and all other property of a similar nature such as personal effects of directors, principals and employees whilst on the Premises and transit risks from the Exhibitor’s premises and return.
- Public Liability: Liability to the public may arise out of the Exhibitor’s activities and must be covered by insurance.
Sponsors and Exhibitors are responsible to The Organisers for seeing that their stand, booth or tabletop is maintained in a clean state throughout the period of The Summit. Cleaning of the stand is free of charge but cleaning of exhibits is extra.
18. Visa and Entry Requirements
Entry visas to the host country of The Summit are solely the responsibility of the Paying Delegate, Sponsor or Exhibitor. If the Paying Delegate, Sponsor or Exhibitor is unable to obtain a visa for entry or any other required travel documentation this shall in no way constitute a basis for cancellation by said party. In such an event no refund shall be made by The Organiser to the paying Delegate, Sponsor or Exhibitor.
All Participants acknowledge and accept that by attending The Summit, they take part in reasonable publicity. The Organiser and its agents and The Venue may photograph, video and/or film The Summit or any other activity in connection with The Summit, Participants waive any and all rights, including but not limited to, image rights, in such materials and acknowledge that The Organiser has the right to use such publicity photos, videos and/or films in any medium and in any reasonable manner it sees fit without further permission from or payment to any Participants.
20. The Organiser reserves the right to add to or amend the foregoing terms and conditions for the purpose of compliance with any statutory provision or in the best interest of the organisation and management of The Summit. Any such alterations or amendments shall be binding on the Paying Delegate, Sponsor or Exhibitor provided their terms of such alterations or additions are given in writing by The Organiser.