EVENT MANAGEMENT TERMS AND CONDITIONS
This Contract (as defined below) sets out the terms and conditions under which we will provide the Service (as defined below) to you.
By “you” or “your” we mean the “Client” as defined below.
By “us” and “we” we mean Ally G’s Everyday Angels Foundation, being the trading name of Ally G’s Everyday Angels Foundation is a 501(C) (3) non-profit organization
to provide help to our community.
Meaning of Terms
In this Contract (unless the Contract otherwise requires), the following words shall have the following meanings:
Booking - means the request and confirmation of the Service.
Client means any natural person, corporate or unincorporated body (whether or not having separate legal personality) contracting for the use of the Service.
Conditions means these terms and conditions, as amended from time to time by Ally G’s Everyday Angels Foundation.
Contract - means these Conditions.
Delegate means any person for which this Service is being provided.
Event means the occasion for which the Service is required.
Price means the price specified in the Booking Contract.
Revenue means the Revenue anticipated by Ally G’s Everyday Angels Foundation in respect of the Delegate fees.
Service means the services as provided by Ally G’s Everyday Angels Foundation.
Website means the website to be hosted and provided by Ally G’s Everyday Angels Foundation as part of the Service and where delgates can purchase tickets for Events held by Ally G’s Everyday Angels Foundation.
1. In this Contract the following rules apply:
a) a reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under the statute or statutory provision, as amended or re-enacted;
b) any phrase introduced by the terms “including”, “include”, “in particular” or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms;
c) a reference to “writing” or “written” includes faxes and emails.
2. The Booking constitutes an offer by the Client to purchase the Service in accordance with these Conditions. The Client shall ensure that the terms and specifications in the Booking are complete and accurate.
3. For the avoidance of doubt, the Client’s standard terms and conditions (if any) attached to, enclosed with, or referred to in the Booking shall not govern the Contract and these Conditions shall prevail over any other conditions previously published by Ally G’s Everyday Angels Foundation in respect of the Service and these Conditions apply to the Contract to the exclusion of any other terms that the Client seeks to impose or incorporate or which are implied by trade, custom, practice or course of dealing.
4. The Contract shall come into effect upon receipt by Ally G’s Everyday Angels Foundation of a booking for an Event from the Client.
5. Ally G’s Everyday Angels Foundation shall use reasonable endeavours to supply the Service from the Commencement Date.
6. The Service shall be directed by the event manager or such other suitably qualified person appointed by Ally G’s Everyday Angels Foundation.
7. Ally G’s Everyday Angels Foundation reserves the right to make changes to the Service which are necessary to comply with any applicable laws or safety requirements. these include State laws, Covid-19 postponements, venue changes, acts of God. Ally G’s Everyday Angels Foundation will notify the Client of any changes to the Service, by social media (Facebook (Meta) and Instagram).
8. In the case of an Event being postponed, refunds will not be honored, we will make a new date and inform you in plenty of time, if you wish to cancel, we will consider your cancellation as a donation.
9. In the case of an Event being cancelled, refunds will be honored.
10. Payment must be made in full by the Delegate for the registration to be confirmed. There are four payment options: Via Paypal, Venmo, Check or Cash.
11. Information and data belonging to the Client and used by Ally G’s Everyday Angels Foundation for delegate registration purposes will remain the sole property of the Client. Except with the express written permission of the Client or if required by law or regulation, Ally G’s Everyday Angels Foundation will not disclose or use this information for any purpose other than those associated with the Service.
12. As between the Client and Ally G’s Everyday Angels Foundation, all intellectual property rights and all other rights in and/or resulting from the provision of the Service shall be owned by Ally G’s Everyday Angels Foundation. Ally G’s Everyday Angels Foundation licenses all such rights to the Client on a non exclusive, worldwide basis to such extent as is necessary to enable the Client to make reasonable use of the Service. If this Contract is terminated, this licence will automatically terminate.
13. Any intellectual property rights developed prior to or out with the scope of this Contract shall remain the property of the party that introduced the same and they will grant to the other party, a non-exclusive, royalty free licence to use the same for the purpose of fulfilling their obligations under the Contract.
14. If the Client provides any logos, trade marks, copyright or any materials (“Client IP”) to Ally G’s Everyday Angels Foundation for the Website the Abstract or for the purpose of delivering the Service, Ally G’s Everyday Angels Foundation shall have a licence to use the intellectual property rights in any such Client IP for the purpose of delivering the Service only.
15. The Client warrants that it has sufficient rights in the Client IP to licence it to Ally G’s Everyday Angels Foundation under this Contract and will indemnity Ally G’s Everyday Angels Foundation against any and all loss incurred as a result of the use of such Client IP.
16. The Client shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the Client by Ally G’s Everyday Angels Foundation, its employees, agents, consultants or subcontractors and any other confidential information concerning Ally G’s Everyday Angels Foundation business or its products which the Client may obtain.
17. The Client may disclose such information:
a) to its employees, officers, representatives, advisers, agents or subcontractors who need to know such information for the purposes of carrying out the Client’s obligations under this Contract; and
b) as may be required by law, court order or any governmental or regulatory authority.
18. The Client shall not use any such information for any purpose other than to perform its obligations under this Contract.
Liability – please read carefully
19. The entire liability of Ally G’s Everyday Angels Foundation in connection with the Contract whether for negligence, breach of contract, misrepresentation or otherwise, is limited to an amount equal to the Price.
20. The liability of Ally G’s Everyday Angels Foundation in connection with the Contract whether for negligence, breach of contract, misrepresentation or otherwise, will not extend to any special, indirect or consequential damages or losses, or any loss of profits, loss of revenue, loss of data, loss of contracts or opportunity, whether direct or indirect, even if the Client has advised Ally G’s Everyday Angels Foundation of the possibility of those losses, or if they were within Ally G’s Everyday Angels Foundation’s contemplation.
21. Nothing in these conditions shall operate to exclude or restrict either party’s liability for:
a) death or personal injury resulting from negligence.
b) fraud or deceit.
22. The Client shall indemnify, keep indemnified and hold Ally G’s Everyday Angels Foundation harmless from and against all claims, actions, damages, liabilities and costs (including professional fees) which may be brought against or incurred or suffered by Ally G’s Everyday Angels Foundationt, its board members or agents in connection with the Service which arise as a result of or due to the actions, omissions, or negligence of the Client, its employees or agents or others whom it is responsible, or any Delegate.
23. The Client shall comply with all applicable laws, statutes, regulations relating to anti-bribery and anti-corruption including but not limited to the Bribery Act 2010.
24. ‘Force Majeure’ means any circumstance beyond the control of Ally G’s Everyday Angels Foundation including, but not limited to acts of God, fire, Covid-19 and all variants explosion, adverse weather conditions, flood, earthquake, failure of energy sources or transport network, terrorism, riot, civil commotion, war, hostilities, strikes, work stoppages, slow-downs, or other industrial disputes, accidents, riots or civil disturbances, acts of government, lack of power, non performance or delays by suppliers or materials shortages.
25. Ally G’s Everyday Angels Foundation shall not be liable to the other of loss or damages arising from prevention or delay in performance of this Contract where same is a result of Force Majeure. For the avoidance of doubt, nothing shall excuse the Client from any payment obligations under the Contract.
26. If Ally G’s Everyday Angels Foundation is prevented or hindered from hosting the event by a Force Majeure event, Ally G’s Everyday Angels Foundation may, at its sole option and without being liable for any loss or damage suffered by the Client or Delegates, relocate the event to another location or terminate the Contract forthwith by giving notice to that effect to the Client.
27. The benefit of this Contract may not be assigned by the Client without the prior written consent of Ally G’s Everyday Angels Foundation.
28. This Contract and any document referred to herein represent the whole understanding of the parties with regard to the subject matter hereof. Each and every provision in this Contract shall be read (where possible) as entirely independent and severable from the other or others. In all cases where a provision of this Contract is reducible, invalid or unenforceable in terms of any legislation or other legal authority, such provision shall not affect the validity of the remaining portion of this Contract which shall remain in force and effect.
29. No variation or alteration of any of these Terms and Conditions shall be effective unless it is in writing and signed by or on behalf of each party.