Thank you for booking through Shift Concepts. By using this platform website, mobile application, or related services (collectively, “Service”) owned by Shift Concepts (the “Company”), you hereby agree to be bound by these Terms of Service (“Terms”) in full and without modification.
These Terms were last modified September 19, 2023.
(a) – The Company reserves the right to update, replace or change the Terms at any time and without notice. The newest version of the Terms will be posted on the Service. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms. Continued use of the Service after any such changes shall constitute your consent to such changes.
(b) – The Company reserves the right to terminate your Account (as defined below) at any time and for any reason, with or without notice. The Company may refuse service to any user.
(c) – The Company may discontinue the Service or any aspect thereof at any time and without notice.
- Refunds and Cancellations
(a) – Because the Service is merely a marketplace for Sellers and Purchasers, the Company does not offer refunds for any purchases made. Sellers may set their own refund and cancellation policies for their Purchasers. Purchaser must contact Seller directly for refund and cancellation requests and information. UNDER NO CIRCUMSTANCE WILL COMPANY BE RESPONSIBLE FOR ANY PAYMENT, REFUND, OR CANCELLATION DISPUTE BETWEEN SELLER AND PURCHASER.
Standard Refund policy, the Shift Concepts standard refund policy may be applied by individual event organisers and is agreed to by registrants.
For events requiring athlete registration, the following refund policy applies : –
– Outside 45 days of the event : 50% refund
– 45 – 14 of the event : 25% refund
– Within 14 days of the event : 0% refund
– Cancellations or refunds on membership fees will incur a 15% admin fee, less the full market value amount of the membership used to date of cancellation.
No refunds will be issued for Covid 19 related withdrawals, the risk of such is for the registrants to manage. Furthermore, the company can not be held liable for any cancellations or postponements due to Government regulations, insurrection, force Majeure or Act of God or State.
(b) – Purchasers and Sellers will not be refunded any service charges or credit card processing fees even in the event of refunded tickets, except as provided for in this Section 5(b).
– The Company will refund service charges for test orders.
– The Company may, in its sole discretion, offer refunds of the service fees for Events that are cancelled if such event payments were processed with a Payment Provider.
– Sellers must contact the Company directly to request any refund under this Section 5(b). Purchasers must contact Sellers to arrange for refund requests.
(c) – COVID-19 acknowledgement – amended 21 March 2020
– The registrant acknowledges that by registering during a pandemic they therefore accept all the risks associated with such. These include amendments to lockdown measures or social distancing controls, force majeure, act of God, State or Insurrection. All of which could result in postponement or cancellation of the event. The event organisers further reserve the right cancel or postpone the event with no refund if it is considered in the best interest of all participants.
Best interest is defined as the avoidance of risk that may result in the unnecessary harm, injury or death of any registrants at an event.
(d) Event postponements
For postponed races the original deadline for a partial refund or transfer are not postponed along with the event and only apply to the initial race date.
For any refund related inquiries, please contact firstname.lastname@example.org
- Registrant Indemnity and waiver
I understand that participating in an event listed with Shift Concepts is potentially hazardous, and that I should not enter and participate unless I am medically able and properly trained.
In consideration of the acceptance of this entry, I assume full and complete responsibility for any injury or accident or damage to property which may occur while I am traveling to or from the event, during the event, or while I am on the premises of the event.
I also am aware of and assume all risks associated with participating in this event, including but not limited to falls, contact with other participants, effect of weather, traffic, and conditions of the road. I, for myself and my heirs and executors, hereby waive, release and forever discharge the event organizers, sponsors, promoters, Shift Concepts and each of their agents, representatives, successors and assigns, and all other persons associated with the event, for all my liabilities, claims, actions, or damages that I may have against them arising out of or in any way connected with my participation in this event.
By accepting the Terms and Conditions of this event, I hereby acknowledge as the registrant that the Organizer reserves the right to cancel or postpone the event should it be considered in the best interest of the participants safety. In the event of cancellation the event refund policy will be respected by the organizers and their partners. Event cancellations will be considered by relevant safety bodies, EMS and governing bodies at the event.
Refunds or cancellations:-
Upon entering the race, athletes accept ownership of their entry and the risk thereof. Entry cancellations and refunds will only be provided for in the case of event cancellation. This does not however cover event cancellation due to insurrection, pandemic, endemic, insurrection, Act of God, state or force majeure. The organiser reserves the right to postpone the event to later date should it be considered in the best interest of the event entrants. Cancellations and refunds can only be provided for if the entrants have opted for entry insurance and protection with their insurer, whereby the claim must be lodged with the registrants insurer and not the event office.
*In the rare event that the event is cancelled or postpone due to reasons beyond the control of the organising body “insurrection, pandemic, endemic, insurrection, Act of God, state or force majeure” no refunds will be provided. The purchasing of entries or tickets is at the risk to the purchaser.
I understand that this waiver includes any claims, whether caused by negligence, the action or inaction of any of the above parties, or otherwise.
I hereby grant full permission to any and all of the above parties to use any photographs, videotapes, motion pictures, website images, recordings or any other record of this event for further promotions should it be deemed necessary.
BY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT AND WAIVER, YOU ARE AFFIRMING THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND WAIVER AND FULLY UNDERSTAND ITS TERMS. YOU UNDERSTAND THAT YOU AND ALL REGISTERED PARTIES ARE GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. YOU ACKNOWLEDGE THAT YOU ARE AGREEING TO THIS AGREEMENT AND WAIVER FREELY AND VOLUNTARILY, AND INTEND BY YOUR ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
- Limitation of Liability and Disclaimers
(a) – The Service is provided without any warranties, guarantees, or representations of any kind, including any warranties of fitness for a particular purpose or merchantability. Without limiting the foregoing, the Company does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
(b) – Sellers, and not the Company, are solely responsible for hosting, promoting, planning, and conducting the Events. In no event shall the Company be liable to any person (including Purchasers and Sellers) for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including without limitation, legal expenses, loss of business, loss of profits, loss of revenue, lost or damaged data, cost of substitute goods or services, losses arising out of (i) any Event or (ii) the Service being inaccessible, or failure to realize expected savings or any other commercial or economic losses arising out of or in connection with these Terms, even if the Company has been advised of the possibility of such loss or damages, or such losses or damages are foreseeable.
(c) – As a Purchaser, you agree to use caution when attending or participating in any Event. You acknowledge and agree that the Company does not screen, vet, or otherwise endorse any Event and that the Company is merely a marketplace. The Company cannot be, and is not, responsible for safety at any Event.
(a) – You agree to indemnify, defend and hold harmless the Company, its affiliates, and their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of: (a) your involvement or attendance at any Event; (b) your breach of these Terms or the documents referenced herein; or (b) your violation of any law or the rights of a third party.
- Payouts and Additional Payment Terms
(a) – The Company will collect all receipts of sales on behalf of the Seller and deduct all applicable fees and charges. The Company will transfer all payments to you electronically to your Bank account registered with us within 14 days of the event. Should there be a dispute on the account, funds will be withheld until the dispute is resolved. Cost regulations, Token value R10.00, Cost of 400ml glass (full) R30.00 – 3 tokens, Cost of 230ml glass (half) R20.00 – 2 tokens. Under circumstances whatsoever may cash be handled in or around the show grounds by an vendors or patrons, that the festival uses a strict no cash policy. Brewers can be held liable to penalties if found contravening such.
- Intellectual Property
(a) – You acknowledge that any intellectual property used on the Service or by the Company, event organiser and partners thereof is property of its respective owner and that no license, assignment, or sale of intellectual property has been offered to you. You agree not to use any of the intellectual property associated with the Site or Company, or derivatives thereof, for any purpose other than those expressly permitted in this Agreement. The Company reserves all rights to its all intellectual property.
(c) – You grant the Company a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense any public material you post to the Site or share with the Company.
(d) Protection of your information. Shift Concepts and it’s partners commit to not share your personal information with any third parties. The information provided to us by you is solely for the purpose of your transaction and service from the client.
(e) You agree to indemnify and hold the Owner, event organiser or their partners harmless from and against any claims, damages, liabilities, costs, and expenses arising out of or related to your use of the Images in violation of these Terms.
(a) – The failure of the Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. These Terms constitute the entire agreement between you and the Company and govern your use of the Service, superseding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms).
(b) – If any dispute arises between you and the Company during your use of the Service or thereafter, in connection with and arising from your use or attempt to use the Service, the dispute shall be referred to arbitration. The arbitration proceedings shall be in the English language and the place of arbitration will be Johannesburg, South Africa. These Terms shall be governed by the laws of the State without regard to the principles of conflicts of law.
(c) – Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
(d) – Questions about the Terms of Service should be sent to email@example.com
- Branding and activations
Vendors / stand operators are completely responsible for their own brand activations at the event. Your stand size will be allocated to you as agreed to in your operational signup forms, no branding may be placed outside a 5m radius from your activation space. The event owners and operators can and will not be held responsible for the safe keeping, maintenance or deployment of your branding. Should your branding not meet the aesthetic requirements of the show, the organisers / event operators reserve the right to have it removed from site.
Activations are not limited to the sale of product. Activations for the purpose of promotions of products must be agreed to in writing with the event organisational team.
- Event qualifying criteria
Breweries coming to the festival will need to meet the following criteria unless otherwise arranged with the organizers.
– All products offered on show must be brewed by the brew master/ brew mistress / distiller themselves and they must be in attendance themselves – no representatives, promotional staff or other. Should this point not be met, the vendor / stand operator will be liable for penalties to the value of R6500 which will be deducted from their festival takings.
– Onsite activations are to be authorized in writing by the organisers prior to the festival. Each brewer has paid their stand fee and is entitled to their position within the festival additional activations or setup can affect our operations, failing to adhere to this or disclose activations could result in penalties. Should this point not be met, the vendor / stand operator will be liable for penalties to the value of R6500 which will be deducted from their festival takings.
– All products need to comply with the definition of a craft beer, craft cider or craft distillate: –
o Beers brewed from water, at least 50% malted barley, hops and yeast and that have gone through a natural fermentation process without the addition or fortification of spirit, fruits or ready to drink products before serving.
o Only fresh fruit ciders and that have gone through a natural yeast fermentation process without the addition or fortification of spirit, fruits or ready to drink products before serving. A sugar-based fermented product is neither a beer nor a cider.
– All brewers must be licensed with the relevant provincial liquor board and have an excise warehouse number and be prepared to provide copies of such if requested. Should this point not be met, the vendor / stand operator will be liable for penalties to the value of R6500 which will be deducted from their festival takings.
– Sufficient beer supply and staff for two days of dispensing from tap only, i.e. at least 500 liters.
– And finally – one beer / cider brewed especially for the festival, never previously released to the public. Should this point not be met, the vendor / stand operator will be liable for penalties to the value of R6500 which will be deducted from their festival takings.
- Deductions and penalties
By participating in this event, the vendor / stand operator agrees to a 10% sales commission, 0,9% cash deposit fee and other deductions for materials used in the event. These materials include and are not limited to ice, additional infrastructure and electricity. Please note that fines will be imposed for vendors / stand operators who do not comply the general rules and regulations of the festival. Penalties for non-compliance at the event will range from R500 to R6500 this is at the discretion of the organizing committee and based on the severity of the infringement. Please make note of the following points further to general rules and regulations:-
– Vehicles on or inside the event operational area without sign off
– Closing stand before the festival
– Any cash handling (compulsory token system)
– No access will be granted to any persons outside of festival hours
– Not closing stands at last round
– Actions that may hinder the operational safety of the event patrons and others
– Actions that may bring the event into disrepute
– Sales of items that are not listed in the operational menu by the vendor / stand operator
– Staff at stands are expected to be presentable, over indulgence by staff is unacceptable.
– Should an offering not be considered up to the event standards, the event organising committee reserves the right to remove it from the show
Waiver of responsibility and liability
By paying your deposit you agree that although we endeavour to make sure that every possible measure is taken to ensure that there are no incidence throughout the festival and that the safety of all parties is respected, Clarens Craft Beer Festival, Shift Concepts cannot be held liable for breakages, damages, theft, loss or injury that may occur during the hosting of this event. Although every effort is taken to populate the festival with visitors, the organisers cannot be held liable for the final event attendance.