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1.1 The Terms of Use governing the use of the HOMEMAKERS website apply to and are deemed to be incorporated in these Terms of Trade.
1.2 For the purposes of any trade relating to the provision of a stand within an exhibition or any services ancillary thereto the party with which you, the exhibitor, will conclude the agreement shall be HOMEMAKERS Expo (Pty) Ltd. HOMEMAKERS Expo (Pty) Ltd shall hereinafter be referred to as HOMEMAKERS .
2.1 Before you may make an offer to order a stand at an exhibition, using the HOMEMAKERS website, it is necessary that you register as an exhibitor. Registration as an exhibitor is free and does not oblige you to order a stand at an exhibition.
2.2 No natural person under the age of 18 (eighteen) years, nor any person, whether a natural or juristic person, who, or which, is not lawfully permitted to enter into a binding and enforceable agreement may register as an exhibitor.
2.3 Any person who is not lawfully permitted to register as an exhibitor but who does so, shall be guilty of committing a fraud and HOMEMAKERS shall take whatever legal action it deems necessary to obtain the appropriate relief.
2.4 Any person acting as a representative of a juristic person when registering the juristic person as an exhibitor warrants that he or she is properly authorized to do so.
2.5 Registration as an exhibitor is free and does not oblige you to place any advertisement or release information other than the information required to register on the HOMEMAKERS website.
2.6 The exhibitor, or its representative, warrants that complete and accurate information required to register the exhibitor has been provided to HOMEMAKERS.
2.7 Upon acceptance of your registration an eMail confirmation of your registration as an exhibitor will be transmitted to you. If you do not receive the eMail confirmation you should contact HOMEMAKERS at (086 111 HOME (4663) or ).
3.1 On registration you, the exhibitor, or your authorized representative/s, will be allocated a user identity and be requested to select a password. Without a valid user identity and password the exhibitor will not be able to place advertisements using the HOMEMAKERS website.
3.2 The exhibitor is solely responsible for ensuring the confidentiality of passwords selected by it and, where applicable, for ensuring that authorized representatives of the exhibitor are aware of their obligations to maintain the confidentiality of the passwords at all times.
3.3 Passwords selected by the exhibitor or its authorized representative authenticate the exhibitor or its authorized representative’s identity. You agree that any communication or transaction that may be made using the passwords selected by the exhibitor’s authorized representatives, shall be attributed to and binding on the exhibitor and the exhibitor shall be liable for any payments arising from the transaction or communication.
3.4 If you, the exhibitor, or any of your representatives, suspect that the confidentiality of a password selected by you or by your representative, has been compromised, you shall immediately advise HOMEMAKERS of this fact by eMail addressed to . HOMEMAKERS shall, on receipt of the eMail, suspend access to the trading component of the HOMEMAKERS website using the compromised password, pending your further instructions.
3.5 The exhibitor shall remain responsible for all transactions effected prior to the suspension of the use of the password and liable for any payments that may flow from these transactions.
If you, the exhibitor, or any of the exhibitors representatives are in breach of, or HOMEMAKERS believes that they may breach, any of the provisions of the Terms of Use or these Terms of Trade, HOMEMAKERS may, in its absolute discretion either suspend or terminate your registration as an exhibitor.
5.1 The products or services which appear on the HOMEMAKERS website are displayed as an invitation to do business and to allow you to make an offer to purchase the products or services provided by HOMEMAKERS. Only when HOMEMAKERS has accepted your offer, will an enforceable agreement be transacted.
5.2 The price of any products or services sold through HOMEMAKERS shall be confirmed on the acceptance of your order by HOMEMAKERS.
5.3 Despite HOMEMAKERS’s best efforts, products or services offered on the website may be mis-priced. If HOMEMAKERS discovers a mis-pricing, it will do one of the following:
5.3.1 If the correct price is lower than the stated price, we will charge the lower amount; or
5.3.2 If the correct price is higher than the stated price, we will, at our discretion, either contact you for instructions before accepting your order or notify you that the order has not been accepted.
Purchase from a Third Party Vendor
5.4 If any products or services are supplied and delivered to you directly by, or through, a third party, even though access to the products and services is gained through the HOMEMAKERS website, the supply of these products and services may be subject to conditions which differ from those governing the terms of trade with HOMEMAKERS. You shall be solely responsible for ensuring that you understand and agree to the terms and conditions governing the sale of these products and services.
5.5 Agreement as to the terms of use of the HOMEMAKERS website shall be deemed to have been accepted by you at the time that you first accessed the HOMEMAKERS website and thereafter confirmed each time that you access the HOMEMAKERS website.
5.6 Agreement to the terms of trade shall be deemed to have taken place in Johannesburg and to have been accepted on each occasion that an offer is made by the exhibitor to purchase goods and/or services from HOMEMAKERS.
5.7 All communications with HOMEMAKERS facilitated by the HOMEMAKERS website, or email communicated between you and HOMEMAKERS, shall be deemed to have been received, in the case of communications initiated by HOMEMAKERS, when the communication leaves the HOMEMAKERS website or email server, and in the case of communications initiated by the exhibitor, when it is received on the HOMEMAKERS website or email server.
5.8 Acceptance by HOMEMAKERS of an order placed by the exhibitor shall be deemed to have been accepted by HOMEMAKERS on written confirmation of the orders acceptance being communicated to the exhibitor in writing.
5.9 The consideration due by the exhibitor shall be stipulated in the offer to exhibit. The price offered shall, on acceptance by HOMEMAKERS, become due and owing on the date stipulated.
5.10 Payment shall be made by the advertiser to HOMEMAKERS in the manner described and into the account stipulated by HOMEMAKERS on the tax invoice rendered to the exhibitor arising from a transaction concluded between HOMEMAKERS and the exhibitor.
5.11 The person accepting the terms of this agreement hereby binds him/herself in his/her personal capacity with the exhibitor to honour and fulfil all obligations of the exhibitor under and in terms of these terms of trade and should HOMEMAKERS proceed against a person in terms of this provision all the terms stipulated in the terms of trade shall apply to such person.
6.1A certificate under the signature of any director or manager appointed from time to time by HOMEMAKERS shall be prima facie proof of the following:
6.1.1The amount owed by the exhibitor to HOMEMAKERS at the time that the certificate is provided;
6.1.2The rate of interest payable on the outstanding balance owed by the exhibitor to HOMEMAKERS from time to time;
6.1.3The dates on which the principal debt became due, payments have been received by HOMEMAKERS from the exhibitor and the interest on the outstanding balance.
6.2Such certificate shall be valid for the purposes of proving to the arbitrator or any appropriate court what sum is due by the exhibitor to HOMEMAKERS.
6.3 Whilst HOMEMAKERS shall do everything within its power to ensure that the location of the stand within the exhibition is as agreed in the order placed on HOMEMAKERS shall have the right to relocate the stand in its discretion.
6.4 Requested / Reserved stand bookings are only confirmed on payment of a deposit. If a deposit is not received by HOMEMAKERS, the exhibitor shall remain liable to HOMEMAKERS for the booking of a stand in terms of the payments specified in this agreement.
6.5 Whilst HOMEMAKERS will do everything in its power to ensure that access to and vacant possession of the stand is given to the exhibitor for the purposes of preparation and use of the stand upon the dates agreed in this contract, such dates shall be variable in the discretion of HOMEMAKERS so as to be compatible with the successful organisation of the exhibition as a whole.
6.6 HOMEMAKERS does not warrant that the stand is suitable for the purpose intended by the exhibitor or that the stand is or shall be in any particular condition or state of repair. The exhibitor acknowledges that it has satisfied itself that the stand is of a suitable condition and is suitable for the purpose intended.
6.7 HOMEMAKERS reserves the right in its sole and absolute discretion, should the venue become unusable for whatsoever reason to relocate to a new venue in the best interests of the exhibition as a whole, and furthermore subject to the terms and conditions of this agreement.
6.8 HOMEMAKERS reserves the right in its sole and absolute discretion, should the dates become unsuitable for whatsoever reason, to reschedule the dates to a time more advantageous to the success of the exhibition as a whole and the exhibitor agrees to be bound by such dates.
6.9 HOMEMAKERS shall be entitled to issue written directives from time to time regarding methods and materials of construction, stands, layout, design and quality of installation and the exhibitor shall timeously comply with such directives.
6.10 HOMEMAKERS shall at all times be entitled to free and undisturbed access to the stand during the preparation and use thereof by the exhibitor.
6.11 If the organizer so directs in writing the exhibitor shall be obliged to use a contractor designated by HOMEMAKERS for the purpose of preparing the stand and erecting the installation. If HOMEMAKERS makes such designation then:
6.11.1 HOMEMAKERS shall not be entitled itself, or through itself, or any other contractor, to prepare the stand save to the extent that the designated contractor declines to do so.
6.11.2 HOMEMAKERS shall incur no liability or responsibility for the due and proper performance by the designated contractor of its obligations in terms of the contract concluded with the exhibitor.
6.11.3 The contract concluded between the exhibitor and the designated contractor shall be subject to the prior written approval of HOMEMAKERS.
6.12In any event the stand shall be prepared and the installation shall be constructed to the standard at least equal to the general standard of the remaining stands rented by other exhibitors at the exhibition.
6.13 After completion of the installation HOMEMAKERS shall be entitled to require the exhibitor to make such additions or changes to the installation deemed necessary.
6.14 Ownership in and to the shell schemes shall not pass to the exhibitor nor shall the exhibitor enjoy any rights in respect of the shell schemes save and except those specifically granted to it in terms hereof. Upon the termination of the exhibition the exhibitor shall return the shell scheme to HOMEMAKERS in good order and condition fair wear and tear accepted. During the course of the exhibition the exhibitor shall maintain the shell scheme in good order and condition and shall follow all HOMEMAKERS’s instructions from time to time with regard to the use and care thereof.
6.15 The exhibitor shall not use any form of visual or vocal apparatus on the stand which shall cause an annoyance or nuisance to other exhibitors, HOMEMAKERS or the landlord, or demonstrate any product which produces excessive noise.
6.16 The exhibitor shall only be entitled to distribute literature and printed matter from its stand and shall not be entitled to distribute same anywhere else at the exhibition without HOMEMAKERS's written consent.
6.17 The exhibitor shall not be entitled to cede, assign, transfer, make over, sublet or alienate any of its rights in terms of this agreement without HOMEMAKERS's written consent.
6.18The exhibitor shall keep the stand open and adequately staffed whenever the exhibition is open to the public.
6.19 The nature of the services to be provided to the stand or the exhibition site shall be in the sole and absolute discretion of HOMEMAKERS.
6.20The organiser does not warrant the number of persons expected to attend any exhibition in respect of which the exhibitor has reserved a stand.
6.21 The exhibitor shall attend all exhibition meetings convened by the organiser. If the exhibitor fails to attend any such meetings or fails to comply with any directives issued by HOMEMAKERS at such meetings, HOMEMAKERS shall not be liable to the exhibitor for any loss or prejudice suffered by the exhibitor as a result thereof.
6.22 HOMEMAKERS does not warrant that:
6.22.1The stand is or will be suitable or fit for any purpose for which it may be used by the exhibitor in terms thereof.
6.22.2The exhibitor will be granted or provided with any licenses, consents authorities, services of permits in respect of the stand which may be necessary to enable the exhibitor to use the stand for any purpose for which it may be used by the exhibitor in terms hereof.
6.23 HOMEMAKERS shall not be responsible for any direct, indirect or consequential loss or damage to the stand or other property of any kind brought into the exhibition by the exhibitor, its servants, employees, agents, contractors or invitees or for any injury to the person of the exhibitor, or any of its servants, employees, agents, contractors or invitees howsoever such loss or damage to the stand or property, or injury to such person may be caused and notwithstanding that such loss or damage to the stand or property, or injury to such person may be caused and notwithstanding that such loss or damage to the stand or property or injury to person may have been occasioned by the fault, neglect or gross negligence of the invitees or by the exhibition site being in or falling into a defective state of repair.
6.24 The exhibitor hereby indemnifies HOMEMAKERS against all and any actions, claims, demands, costs, charges or expenses arising or resulting directly, or indirectly from any act, omission or negligence by the exhibitor, its servants, employees, agents, contractors or invitees notwithstanding that such action, claim, demand, cost, charges or expenses may have been occasioned in whole or in part by the fault, neglect or gross negligence by the organizer, its servants, employees, agents, contractors, or invitees, or by the exhibition site or any installations thereon being or falling into defective state of repair.
7.1Should any dispute arise between the parties in terms of this agreement such dispute shall be dealt with informally before an advocate of the Johannesburg Bar, agreed on by the parties, and failing such agreement, by and advocate nominated by the Chairman of the Bar Council. A decision of the said advocate in the proceedings shall be final and binding on the parties. All such proceedings shall be held in Johannesburg and the language of the arbitration shall be English.
7.2If the dispute relates to technical issues arising from the use of the HOMEMAKERS website the advocate nominated to hear the dispute shall, if necessary, be entitled to hear evidence of a computer expert either agreed between the parties or, failing such agreement, nominated by the Chairperson for the time being of the Computer Society of South Africa, whose evidence shall be regarded as expert evidence for the purposes of deciding the dispute.
7.3The advocate shall be entitled to order an award of costs relating to the arbitration, which award shall be final and binding on the parties.
7.4Nothing in this disputes resolution clause shall prevent either party from approaching a court for relief of an urgent nature in circumstances in which such relief cannot be given, or cannot be urgently given, by the arbitrator.
Should any party breach any provision or term of this agreement and fail to remedy such breach within 7 (seven) days or such shorter period as this agreement may expressly stipulate, of receipt of written notice requiring such party to do so, the aggrieved party shall be entitled, without prejudice to any other remedy which may be available to it in terms of this agreement or at law, to claim specific performance of any obligation, or to cancel this agreement, in either case without prejudice to its rights to claim damages.
9.1Either party may if the other party;
9.1.1is the subject of any legal proceedings concerning its solvency; or
9.1.2ceases trading; or
9.1.3commits an act of insolvency; or
9.1.4makes an arrangement or compromises with its creditors; or
9.1.5an order is granted by a competent court placing the party under judicial management or provisional or final liquidation of the party; or
9.1.6it has become unable to pay its debts within the meaning of the insolvency legislation of any country to which that party may be subject; or
9.1.7fails to remedy a breach within the time-limit prescribed in the breach provisions of this agreement provided for in ,
9.1.8immediately terminate this agreement by notice in writing.
9.2Any termination of this agreement will be without prejudice to any other rights or remedies of either party under this agreement or any applicable law and will not in any way affect any accrued rights or liabilities of either party at the date of termination.
10.1For the purposes of this agreement, including the giving of notices and the serving of legal process, the parties choose the following contact details:
10.1.1HOMEMAKERS:
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Physical Address |
First Floor, Block G, Infinity Office Park, Robin Close, Meyersdal, |
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Telefax |
086 111 HOME (4663) |
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info@homemakersonline.co.za |
10.1.2 The exhibitor at the physical address, telephone number and eMail address chosen by it in registering to use the HOMEMAKERS website to place advertisements.
10.2A party may at any time change its contact details by notice in writing to the other party provided that the new physical address is an address in South Africa at which process can be served, such new contact details being effective on receipt by the addressee of such written notice.
10.3Any notice given in connection with this agreement shall:
10.3.1be delivered by hand; or
10.3.2be sent by prepaid registered post; or
10.3.3be sent by telefax (if the domicilium includes a telefax number),
10.3.4be sent by email (if the domicilium includes an email address)
10.4to the address, telefax or email address chosen by the party concerned.
10.5A notice given as set out above shall be deemed to have been duly given:
10.5.1if delivered, on the date of delivery;
10.5.2if sent by post, 10 (ten) days after posting;
10.5.3if sent by telefax, on the day that the telefax is transmitted
10.5.4if sent by email, on the day that it enters an information system outside of the control of the addressor and if the parties are in the same information system, on the day that it becomes capable of being retrieved by the addressee.
This agreement constitutes the entire contract between the parties with regard to the matters dealt with in this agreement and no representations, (save for any fraudulent misrepresentations) terms, conditions or warranties not contained in this agreement shall be binding on the parties
No agreement varying, adding to, deleting from or cancelling this agreement, and no waiver of any right under this agreement, shall be effective unless reduced to writing and signed by or on behalf of the parties.
None of the parties may rely on any representation, which allegedly induced that party to enter into this agreement, unless that representation is recorded in this agreement.
No indulgence granted by a party nor the partial exercise by any party of any power, right or privilege shall constitute a waiver of any of that party's powers, rights or privileges under this agreement and that party accordingly shall not be precluded, as a consequence of having granted such indulgence or partially exercised any power, right or privilege, from the exercise of that, or any other power, right or privilege, which may have arisen in the past or which may arise in the future.
15.1The exhibitor may not cede his/her/its rights nor assign his/her/its obligations without the prior written consent of HOMEMAKERS, which consent will not be unreasonably withheld.
15.2HOMEMAKERS may cede its right and assign its obligations to a third party.
The interpretation, construction and effect of this agreement and the rights and obligations of the parties hereto shall be governed by the laws of the Republic of South Africa.
If any provision of this agreement is found or held to be invalid or unenforceable, the validity of all the other provisions hereof will not be affected thereby and the parties agree to meet and review the matter and if any valid or enforceable means is reasonably available to achieve the same object as the invalid or unenforceable provision, to adopt such means by way of variation of this agreement.
18.1The exhibitor, or its representative, warrants that in registering the exhibitor to trade using the HOMEMAKERS website that the exhibitor has the legal capacity and that the representative is properly empowered and duly authorised to accept the terms of use and terms of trade stipulated by HOMEMAKERS and to transact the transactions governed by the terms of trade.
18.2The exhibitor agrees that the use of the password selected by either an exhibitor or any of its representatives, as the case may be, shall bind the exhibitor to the transaction concluded by the exhibitor or its representative.
18.3The exhibitor shall express its intent to be bound by the terms and conditions stipulated and enter into the transaction facilitated by theHOMEMAKERS website by clicking the “accept” button provided to confirm the transaction.
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