Terms & Condition|Privacy Policy for Memories Made in Motion (Pty) Ltd.

📄 TERMS AND CONDITIONS, PRIVACY POLICY & PAIA MANUAL

📄 TERMS AND CONDITIONS, PRIVACY POLICY, PAIA MANUAL & IP AGREEMENT

MEMORIES MADE IN MOTION (PTY) LTD. www.memoriesmotion.co.za|www.memoriesmotion.com

PART A: TERMS AND CONDITIONS

1. Introduction

Welcome to Memories Made in Motion. By using our website and engaging our services, you agree to be bound by the following Terms and Conditions. These terms govern the relationship between Memories Made in Motion ("we," "us," or "our") and the client ("you"), as well as outlining the proprietary protections applicable to competitors, contractors, and former employees.

Note: Any client testimonials displayed on this website are used with explicit client permission.

2. Company Information

In accordance with Section 43 of the Electronic Communications and Transactions Act (ECTA) and the Companies Act 71 of 2008, our details are as follows:

Company Name: Memories Made in Motion (Pty) Ltd.
Registration Number: 2022/850950/07
Director: Sean Fitzgerald
Core Business: Event Management & Media Production
Contact Email: admin@memoriesmotion.com
Complaints/Escalation: complaints@memoriesmotion.com (We aim to respond within 5–10 business days)
Phone Number: +27 61 518 1374
Physical Address (Domicilium Citandi et Executandi): 48 5th St, Wynberg, Sandton, 2090

3. Pricing, Quotations, and Extra Costs

All pricing is quotation-based and depends on event scope, date, location, quantity, labour, design requirements, production requirements, transport, setup/strike-down requirements, security, insurance, VAT, supplier costs, and any agreed custom manufacturing. The final payable price will be set out in the official quotation and invoice before the client is required to make payment. All quotes provided are valid for 7 days.

4. Service Delivery and Project Timelines

Service dates, delivery dates, setup times, strike-down times, media delivery timelines, design milestones, and production deadlines will be agreed in the accepted quotation, booking confirmation, or project brief. Timelines may be affected by client approvals, venue access, supplier lead times, weather, technical requirements, force majeure events, or changes requested by the client.

5. Bookings and Payment Terms

Payments must be made by EFT into the bank account stated on the official Memories Made in Motion invoice. The client must use the invoice number as the payment reference. Memories Made in Motion does not accept cash, cryptocurrency, or payment into any account not stated on an official invoice. Services, production, procurement, or event attendance may be delayed until required payments have cleared. The outstanding balance must be settled in full prior to the event or before the product handover in any capacity.

6. Booking Retainers, Deposits, and Cancellations

To secure a booking date, the client may be required to pay a booking retainer/deposit as stated in the accepted quotation or invoice. The retainer compensates Memories Made in Motion for reserving the date, administrative preparation, supplier allocation, design work, and loss of availability.

The client may cancel a booking by written notice to Memories Made in Motion. Cancellation charges will be determined reasonably, taking into account the nature of the services, notice period, work already performed, supplier commitments, costs incurred, and the likelihood of rebooking the date.

More than 30 days before the event: The client may be refunded any amount paid less costs already incurred and a reasonable booking/admin fee.
15–30 days before the event: A cancellation fee may apply based on work performed, supplier commitments, and rebooking prospects.
7 days or less before the event: The booking retainer may be forfeited and additional proven costs may be charged where already committed.

Any balance refundable to the client will be refunded within a reasonable period. Nothing in these terms limits any non-excludable rights under South African law. Postponements are subject to our availability; if we cannot accommodate the new date, it will be treated as a cancellation.

7. Refunds, Returns, Exchanges and Service Issues

Because our services are customised event-management, décor, production, hire, media, and design services, refunds are assessed according to the stage of work completed, costs incurred, supplier commitments, and the nature of the service booked. Where goods are hired, the client must return all items in the condition supplied, fair wear and tear excepted. Damaged, missing, or late-returned hire items may be charged to the client. Where Memories Made in Motion is unable to deliver the agreed service due to circumstances within our reasonable control, the client may be entitled to a refund or alternative remedy, depending on the circumstances and applicable law.

8. Intellectual Property, Trade Secrets, Copyright, and Media Rights

Proprietary Technology & Trade Secrets: All event designs, custom stretch set designs, draping/rigging technology, design layouts, and related manufacturing methodologies developed by Memories Made in Motion (Pty) Ltd. remain our exclusive intellectual property, trade secrets, and strictly confidential information. This may not be replicated, shared, or utilised for commercial gain by any client, third party, competitor, or former employee/contractor without explicit written consent. Unauthorized use of our proprietary designs constitutes unlawful competition and a breach of our intellectual property rights.
Media & Portfolio Use: Memories Made in Motion retains the copyright to all media (photos, videos, drafts) created during the project unless a full copyright buyout is signed in writing. Upon full payment, the client is granted a license for personal or promotional use as approved by us.
Privacy/Image Rights Consent: Where event media includes identifiable persons, children, private guests, confidential corporate material, venue restrictions, or sensitive information, portfolio/publication use may be limited by privacy law, client instructions, venue rules, or written agreement. Clients must notify Memories Made in Motion in writing before the event of any restrictions on photography, filming, publication, guest privacy, or confidential content.

9. AI, SaaS, and Internal Systems Disclaimer

MMIM Hybrid, CORE, HOGAN, LEGACY and INVOTECH are internal operational, event-management, reconciliation, planning and workflow-support concepts/tools. They are not financial advice, credit products, payment services, banking services, investment services, or regulated financial products unless expressly stated in a signed agreement and supported by the required regulatory approvals.

10. Limitation of Liability

While we take the utmost care with our equipment and your memories, Memories Made in Motion cannot be held liable for circumstances beyond our reasonable control (e.g., severe weather, equipment failure, sudden illness, or force majeure). Furthermore, we are not liable for any indirect, special, or consequential losses or damages arising from the use of our services. Statutory Exception: Nothing in these terms excludes or limits liability that cannot lawfully be excluded or limited under applicable South African law, including liability for gross negligence, wilful misconduct, or any non-excludable statutory consumer rights under the Consumer Protection Act.

11. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa.

12. Reservation of Rights and Non-Waiver

All rights of Memories Made in Motion (Pty) Ltd are fully and expressly reserved since the company's inception. Any failure, delay, or relaxation by Memories Made in Motion to strictly enforce any provision of these Terms, or to exercise any intellectual property right, shall not be construed as a waiver of our rights. No past, current, or future communications, actions, or omissions shall prejudice our right to enforce our intellectual property, trade secrets, and contractual rights in a competent South African court or legal forum.

PART B: PRIVACY POLICY (POPIA)

1. Introduction

Memories Made in Motion respects your privacy and is committed to protecting your personal data in accordance with the Protection of Personal Information Act (POPIA) of South Africa.

2. Information We Collect

We may collect personal information such as full names, company names, contact details (email/phone), event details/locations, guest lists (if operationally required), and billing information.

3. Legal Basis for Processing

We process personal information where necessary to respond to inquiries, prepare quotations, perform contracts, comply with legal/accounting duties, protect legitimate business interests, and where consent is required.

4. Retention

We retain personal information only for as long as necessary for the purpose collected, contractual/legal obligations, tax/accounting records, dispute resolution, and legitimate business purposes.

5. Operators / Third Parties

We may use service providers such as website hosting, email, accounting (e.g., Sage), cloud storage, design, logistics, event suppliers, payment/banking, and professional advisers, who may process information only as needed to support our services securely. We do not sell or trade your data.

6. Cross-Border Processing

If any service provider stores or processes data outside South Africa, we will take reasonable steps to ensure appropriate protection of personal information.

7. Security Incidents

If we become aware of a security compromise affecting personal information, we will take reasonable steps required by POPIA, including notification where applicable.

8. Your Rights & Complaints

Data subjects have the right to request access, correction, or deletion of their data, and to object to processing. Data subjects may complain to the Information Regulator if they believe their personal information has been processed unlawfully. Official POPIA forms for objection, correction, and complaints can be found on the Information Regulator POPIA Forms Page.

9. Information Officer Details

Information Officer: Sean Fitzgerald

Email: admin@memoriesmotion.com

Phone: +27 10 510 9318

PART C: PAIA MANUAL

Prepared in accordance with Section 51 of the Promotion of Access to Information Act, No. 2 of 2000 (PAIA) and the Protection of Personal Information Act, No. 4 of 2013 (POPIA).

1. Company Details & Information Officer

Company Name: Memories Made in Motion (Pty) Ltd. (Reg: 2022/850950/07)

Information Officer: Sean Fitzgerald

Physical Address: 48 5th St, Wynberg, Sandton, 2090

Email: admin@memoriesmotion.com

Website: www.memoriesmotion.co.za

2. Guide of the Information Regulator

The Information Regulator has compiled a guide on how to use PAIA. This is available to the public via the Information Regulator’s website at https://inforegulator.org.za/.

3. Records Automatically Available (Section 51(1)(c))

Services and pricing information on the website.
Public marketing materials and portfolios.
Website Terms and Conditions and Privacy Policy.

4. Records Available on Request (Section 51(1)(e))

Access to these records may be subject to the grounds of refusal set out in PAIA:

Company Records: Registration documents, director details, financial/tax records.
Client Records: Contracts, invoices, event briefs, and communications.
Personnel Records: Employee contracts and HR data.

5. Categories of Data Subjects and Recipients

Data Subjects: Clients, prospective clients, employees/contractors, suppliers, venue partners, website visitors, and event guests.
Recipients of Data: Accountants, banks, insurers, professional advisers, venues, suppliers, logistics providers, and IT/cloud providers.

6. Processing of Personal Information (POPIA)

We process data primarily to deliver event management services, invoice clients, and maintain necessary business communications, implementing appropriate technical and organizational measures to safeguard this data.

7. How to Make a Request for Access

The requester must complete Form 2 (Request for Access to Record), which can be directly downloaded here: Information Regulator Form 2 (PDF).
Submit the completed form to the Information Officer via email (admin@memoriesmotion.com).
The requester must specify the form of access required and provide sufficient detail.
A prescribed request fee may be payable before the request is processed.

8. Availability of the Manual

This manual is available for inspection upon request at our physical offices free of charge, and a copy is available on our website. Translations of this PAIA manual into additional South African languages can be requested where reasonably required.

PART D: EMPLOYEE & CONTRACTOR CONFIDENTIALITY AND INTELLECTUAL PROPERTY POLICY

1. Definitions

For the purposes of this Agreement, "Confidential Information" and "Intellectual Property" shall include, but is not limited to, all proprietary technology, custom stretch set designs, draping/rigging technology, design layouts, manufacturing methodologies, templates, event concepts, business plans, financial information, client lists, supplier details, pricing structures, trade secrets, software concepts (including but not limited to MMIM Hybrid, CORE, HOGAN, LEGACY, and INVOTECH), and any other commercial know-how developed, utilized, or maintained by Memories Made in Motion (Pty) Ltd since the company's inception.

2. Ownership of Intellectual Property

2.1. The Employee/Contractor acknowledges and agrees that all Intellectual Property, designs, concepts, and materials created, developed, or improved upon by the Employee/Contractor during the course and scope of their employment or engagement with Memories Made in Motion (Pty) Ltd shall automatically vest in and remain the sole and exclusive property of the Employer.
2.2. The Employee/Contractor hereby irrevocably assigns, transfers, and conveys to Memories Made in Motion (Pty) Ltd all rights, title, and interest in and to any such Intellectual Property, without the need for further compensation or formal transfer.
2.3. The Employee/Contractor waives any moral rights or claims of ownership over any designs, templates, or concepts created for the Employer.

3. Non-Disclosure and Confidentiality

3.1. The Employee/Contractor agrees to hold all Confidential Information in the strictest confidence and shall not, under any circumstances, disclose, share, replicate, or use any Confidential Information for their own benefit or the benefit of any third party, competitor, or future employer.
3.2. This obligation of confidentiality applies both during the term of employment/engagement and survives indefinitely following the termination of the Employee/Contractor’s relationship with Memories Made in Motion (Pty) Ltd, regardless of the reason for termination.
3.3. The Employee/Contractor may not remove any proprietary designs, physical templates, digital files, blueprints, or confidential documentation from the Employer's premises or secure servers without explicit written authorization from senior management.

4. Return of Company Property

Upon the termination of employment or engagement for any reason, the Employee/Contractor shall immediately return all property, materials, digital files, templates, and documentation belonging to Memories Made in Motion (Pty) Ltd. The Employee/Contractor further agrees to permanently delete any Confidential Information stored on personal devices or personal cloud storage accounts.

5. Breach and Unlawful Competition

5.1. The Employee/Contractor acknowledges that any unauthorized use, replication, or disclosure of Memories Made in Motion (Pty) Ltd’s Confidential Information or Intellectual Property constitutes a material breach of this contract and an act of unlawful competition.
5.2. In the event of a breach or threatened breach of these clauses, the Employer shall be entitled to seek immediate injunctive relief, without prejudice to any other rights and remedies available under South African law, including the right to claim for financial damages and loss of income.

6. Reservation of Rights