Your privacy is important to us.
COLLECTION OF PERSONAL INFORMATION
When you use our services, you may be asked for personally identifiable information such as your name, address, date of birth, email address, telephone number and financial information.
By giving us such information, you will need to consent to our using it in the manner described in this policy.
You may withdraw your consent at any time by emailing us at firstname.lastname@example.org.We will return or destroy your personal information within five days of receipt of your withdrawal of consent.
Cookie information, pages you have requested and your IP address may also be recorded by us from your browser as set out in this policy.
USE OF PERSONAL INFORMATION
We use personal information to allow us to process your service requests and enable us to improve the products and services we offer. We may occasionally carry out market research and send you details of services and offers that we think may be of interest to you. If you do not wish to receive such information, please e-mail email@example.com or, alternatively, when we send you an e-mail, it will contain a provision for you to opt out of receiving any further information from us.
DISCLOSURE OF PERSONAL INFORMATION
We may provide information about you to our employees, agents and third party vendors and service providers in order to administer any accounts, products and services or potential products or services provided to you.
Third party advertisers may also create and access cookies, which will be subject to their privacy policies– we accept no responsibility or liability for the use of such third parties’ cookies. If you do not wish cookies to be placed on your PC or handheld device, then they can be disabled in your web browser. The option to do so is normally found in your browser’s “security settings” section. Please note that permanently disabling cookies in your browser may hinder your use of our websites as well as other websites and interactive services.
All security on our websites is treated seriously. However, this is not a guarantee that such data transmissions cannot be accessed, altered or deleted due to firewall or other security software failures.
If you have any further concerns about security, please email our customer service team at firstname.lastname@example.org.
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to terminate our relationship, limit access to your Account and any associated Services.
IF YOU CHOOSE TO USE THE SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT THE GOODS AND SERVICE ARE SUBJECT TO YOUR STATUTORY RIGHTS BUT OTHERWISE “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY STATED IN THESE PAYMENTS TERMS. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE GOODS OR SERVICES SOURCED THROUGH US WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY OF THE PAYMENT SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
NOTWITHSTANDING THAT WE ASSIST YOU MAKING ARRANGEMENTS AND PAYMENT FOR THIRD PARTY VENDORS AND SERVICES PROVIDES, WE EXPLICITLY DISCLAIM ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY PARTY, INCLUDING THE THIRD PARTY VENDORS OR SERVICE PROVIDERS OR ANY PURCHASER OF GOODS OR SERVICES OR ANY CUSTOMER OR OTHER PERSON. ANY ADDITIONAL DUTIES OR OBLIGATIONS AS MAY BE IMPLIED BY LAW ARE HEREBY EXPRESSLY EXCLUDED.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF THE PAYMENT SERVICES REMAINS WITH YOU. IF YOU PERMIT OR AUTHORIZE ANOTHER PERSON TO USE OF OUR SERVICES IN ANY WAY, YOU ARE RESPONSIBLE FOR THE ACTIONS TAKEN BY THAT PERSON. NEITHER WE NOR ANY OTHER PARTY INVOLVED IN PROVIDING OUR SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL OR LOSS OF REPUTATION, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE PAYMENTS TERMS, FROM THE USE OF OR INABILITY TO USE THE PAYMENT SERVICES, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE THIRD PARTY VENDORS AND SERVICE PROVIDERS PURSUANT TO THESE PAYMENTS TERMS, IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE PAYMENTS TERMS AND YOUR USE OF THE PAYMENT SERVICES INCLUDING, BUT NOT LIMITED TO, FROM THE USE OF OR INABILITY TO SERVICES, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR EVENTS WITH US IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE AN EVENT PROVIDER, THE AMOUNTS PAID BY US TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR TWO HUNDRED DOLLARS ($200), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold us and our affiliates and subsidiaries, and our and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services, or your violation of these Terms; or (ii) any claim that may be made against us on account of actions that you take.
Except as they may be supplemented by a document referenced and incorporated herein or by additional policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Terms constitute the entire and exclusive understanding and agreement between us and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between us and you regarding the Services or Terms.
Termination for Convenience
You may terminate these Terms at any time by following the termination procedures specified herein. Terminating these Terms will also serve as notice to cancel your Account pursuant to these Terms. If you cancel your Account as an Event Provider, we will provide your customer with a full refund. If you cancel your Account as a customer, we will initiate a refund for any confirmed Event based upon the terms of the applicable cancellation policy.
Without limiting our rights specified below, we may terminate these Terms for convenience at any time by giving you 10 days' notice via email to your registered email address.
Termination for Breach, Suspension and Other Measures
We may immediately, without notice terminate these Terms, limit your use of or access to the Services, or temporarily or permanently suspend your Account if (i) you have breached these Terms, including but not limited to any breach of your warranties outlined in these Terms, (ii) you have provided inaccurate, fraudulent, outdated or incomplete information, (iii) you have violated applicable laws, regulations or third party rights, or (iv) we believes in good faith that such action is reasonably necessary to protect us, our partners, third party vendors or service provides, for prevention of unlawful activity or fraud, abuse, risk assessment, security or investigation purposes.
In case of non-material breaches and where appropriate, you will be given notice of any measure by us and an opportunity to resolve the issue to our reasonable satisfaction.
If you are an Event Provider and we terminate these Terms, limit your use of or access to the Services, or temporarily or permanently suspend your Account, (i) we will refund your customers in full for any and all confirmed Events, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for confirmed Events that were cancelled.
If your access to or use of the Services has been limited or your Account has been suspended or these Terms or our relationship has been terminated by us, you may not register a new Account or attempt to access and use the Services through other Accounts.
If you or we terminate these Terms, the clauses of these Terms that speak to future events or reasonably should survive termination of these Terms will remain in effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. We may assign or transfer the Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms will be in writing and given by us by posting to our site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction
These Terms and your use of the Services will be governed by the laws of Ontario, Canada.
You agree with us that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of our site or your dealings with us (collectively, “ Disputes ”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you agree with us that we each waive the right to a trial by jury or to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration or any other representative proceeding. Further, unless both you agree with us in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. This “Dispute Resolution” section will survive any termination of these Payments Terms.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration. The arbitrator will be either a retired judge or a lawyer. You agree with us to jointly select an arbitrator. The arbitration will take place in Toronto, Canada. You agree to be responsible for all of your costs of the dispute and half the costs of the arbitrator and to pay a deposit to the arbitrator before the arbitration commences as directed by the arbitrator. You agree with us that the arbitrator shall not award costs of the arbitration.
Our failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly our authorized representative. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Third Party Beneficiary
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third party beneficiaries of these Terms for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to these Terms.