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Terms of Service For Event Promoters

 

PLEASE CAREFULLY READ THIS AGREEMENT WHICH CONTAINS THE TERMS AND CONDITIONS UNDER WHICH YOU, AS A PROMOTER of AN EVENT (AS DEFINED BELOW) MAY SIGN UP FOR THE EVENTICKA SERVICE WHICH FACILITATES custom event creation (the “EVENTICKA Service”). IN ORDER TO use the EVENTICKA service YOU MUST AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU WILL NOT BE ELIGIBLE TO REGISTER your event FOR THE EVENTICKA SERVICE.

  1. Definitions.“Supporter” means a person who has created an account with Eventicka, accepted the Terms of Service for Event Supports and intends to purchase tickets for Events.“Event” means an event advertised through the Site which You have submitted pursuant to those terms outlined in Section 3 below.“Site” means the website located at www.Eventicka.com through which the Eventicka Service is provided and operated.
  2. How the Eventicka Service Works. The Eventicka Service operates by having You first register for an account on the Site, and then list Your Event on the Site. If You create an Event, Supporters will be able to purchase tickets for Your Event, using the payment options described in Section 4. If the Event is cancelled, Supporters whose credit cards were charged will receive a refund pursuant to Section 5.
  3. Registration. You must register with Eventicka in order to use the Eventicka Service. The following three (3) steps must be completed in order for an event to become registered:
    1. Create an Account. To use the Eventicka Service, You must visit the Site and provide the following information: your full name or company name, mailing address, telephone number, main contact email address (which will be your account login) and create a password. Eventicka will use Your registration information solely in connection with providing the Eventicka Service, including sending you notifications as required from time to time. Eventicka does not sell Supporter lists and will not disclose Your registration information unless required to do so by law.
    2. Accept These Terms and Conditions. In order to activate Your registration of any event, You must click accept that you have read and agreed to these Terms and Conditions. If You fail to agree to these Terms you will not be able to create an Event or promote it on the Site.
    3. Submit Your Event for Registration. To register a specific event for the Eventicka Service, once You have created an account, You must click the “Add Event” button under your profile page, which will create a unique event number automatically. You will also be prompted to provide the following information: the name of the event, a logo or photo, a link to the event, a simple description of the event and any restrictions (i.e. if the event is only open to Supporters over the age of 18).Eventicka may remove any event for any reason whatsoever, including without limitation any event that promotes pornographic or illegal activity. Eventicka reserves the right to disqualify any event that, in Eventicka’s sole discretion, does not comply with these Terms and Conditions or otherwise.
  4. Ticket Payment Options. Supporters may purchase tickets for Events online using credit cards. If You may also choose to offer an invoicing option. If You offer an invoicing option, whenever a Supporter purchases a ticket for Your Event using the invoicing option, Eventicka will provide the Supporter with an invoice and alert You that an invoice has been issued for your Event. You may manage paid invoices and send tickets and receipts.
  5. Cancelled and Postponed Events. AS A PROMOTER, YOU AND NOT EVENTICKA ARE RESPONSIBLE FOR NOTIFYING SUPPORTERS IF THERE IS A PROBLEM WITH A EVENT. AS AN INTERMEDIARY, EVENTICKA WILL ADHERE TO YOUR EXCHANGE AND REFUND POLICY. IF YOU CHOOSE TO PURCHASE TICKETS USING A THIRD PARTY PAYMENT PROCESSOR, THE THIRD PARTY PAYMENT PROCESSOR’S REFUND POLICY WILL APPLY, AND IT IS YOUR RESPONSIBILITY TO READ ANY SUCH POLICY. IF YOU ALLOW TICKETS TO BE VALID FOR A DEFERRED DATE, ALL PREVIOUS TICKETS WILL BE CONSIDERED TO BE A NEW TICKET FOR THE DEFERRED DATE WITHOUT REFUND. IF YOU INSTRUCT EVENTICKA TO REFUND TICKETS SOLD THROUGH EVENTICKA, EVENTICKA WILL PROVIDE SUCH REFUNDS AS SOON AS POSSIBLE. ALL REFUNDS WILL BE PROCESSED LESS EVENTICKA SERVICE FEES AND WILL ONLY BE PROVIDED TO THE PERSON WHO MADE PAYMENT. REFUNDS BY EVENTICKA WILL ONLY BE PROVIDED IN THE SPECIFIC CIRCUMSTANCES REFERRED TO ABOVE, OTHERWISE, ALL TICKET SALES ARE FINAL.
  6. DISCLAIMER OF WARRANTIES. TO THE GREATEST EXTENT PERMITTED BY LAW, THE EVENTICKA SERVICE IS PROVIDED ON AN “AS IS”; BASIS AND THERE ARE NO WARRANTIES, REPRESENTATIONS OR CONDITIONS, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE. EVENTICKA ACTS AS A CONDUIT FOR TRANSMISSION OF APPLICABLE REFUNDS TO ELIGIBLE SUPPORTERS FOR AN EVENT. EVENTICKA IS NOT RESPONSIBLE FOR ANY FRAUDULENT ACTIVITIES. EVENTICKA’S SERVICES ARE LIMITED TO PROVIDING E-TICKETS & RECEIPTS AND FORWARDING PAYMENT TO THE PROMOTER. ANY OTHER SERVICE OR PRODUCT DOES NOT INVOLVE EVENTICKA AND OUGHT TO BE DEALT WITH DIRECTLY BETWEEN THE PROMOTER AND THE SUPPORTER.
  7. LIMITATION OF LIABILITY. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EVENTICKA BE LIABLE TO YOU OR ANY OTHER PERSON 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 THE SITE OR SERVICE BEING INACCESSIBLE, OR FAILURE TO REALIZE EXPECTED SAVINGS OR ANY OTHER COMMERCIAL OR ECONOMIC LOSSES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF EVENTICKA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, OR SUCH LOSSES OR DAMAGES ARE FORESEEABLE.THE ENTIRE LIABILITY OF EVENTICKA AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES SUPPLIED BY EVENTICKA FOR ANY CAUSE AND REGARDLESS OF THE CAUSE OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING FUNDAMENTAL BREACH OR NEGLIGENCE, WILL BE LIMITED IN THE AGGREGATE TO THE PAYMENTS MADE BY YOU TO EVENTICKA FOR USE OF THE EVENTICKA SERVICE.
  8. General Provisions
    1. Changes to this Agreement. Eventicka reserves the right to change this Agreement at any time. Minor changes will become effective immediately as will any changes required by law but any other material changes to this Agreement will become effective ten (10) days after the latest version of the Agreement is posted on the Site or notified to you by email.
    2. Severability. If any provision of this Agreement is, or becomes, unenforceable, it will be severed from this Agreement and the remainder of this Agreement will remain in full force and effect.
    3. Assignment. You may not transfer or assign this Agreement (whether voluntarily, by operation of law, or otherwise) or any rights conferred by this Agreement without Eventicka’s prior written consent. Eventicka may assign this Agreement at any time without notice. This Agreement is binding upon and will inure to the benefit of both parties, and their respective successors and permitted assigns.
    4. Governing Law and Venue. This Agreement shall be governed by the laws of the Province of British Columbia, Canada. No choice of laws rules of any jurisdiction shall apply to this Agreement. You consent and agree that the courts of the Province of British Columbia, Canada shall have jurisdiction over any legal action or proceeding brought by You arising out of or relating to this Agreement, and You consent to the jurisdiction of such courts for any such action or proceeding.
    5. Entire Agreement. This Agreement, along with the Privacy Policy is the entire understanding and agreement between You and Eventicka with respect to the subject matter hereof.
    6. REPLACEMENT/STALE DATED CHEQUE FEE $30.00 USD. Replacement cheques will not be issued for cheques dated over one year old.

Last Updated: January 21, 2018