In these terms and conditions:
- The expressions we, us, our, and EventsPass refer to EventsPass, Incorporated with registered offices at 539 Broadway, Tacoma, WA 98402.
- EventsPass Websites means www.EventsPass.com and any other website notified to you by EventsPass that replaces or is additional to the website.
- EventsPass Platform means the web based software platform together with associated plugins, application program interfaces (API’s), sub-modules, services and support infrastructure created and operated by EventsPass that enables the creation of Event Listings, sale and distribution of tickets, acceptance of registrations, and collection, storage and access of data relating to events. The EventsPass Websites are part of the EventsPass Platform.
- Event Organizer, you and your, refer to a person, corporation or association that uses the EventsPass Platform to sell tickets and accept registrations for an event.
- Event Listing means a mini-website created by an Event Organizer using the EventsPass Platform that provides information about an event, and collects and stores ticketing and registration information.
- Listing Content means content an Event Organizer includes in an Event Listing.
- Sensitive information is data that must be protected from unauthorized access to safeguard the privacyor security of an individual or organization.
- Services means any services provided by EventsPass to you in relation to an event, including access to the EventsPass Platform, registration and ticketing services, data capture, and additional services as described in paragraph 8.
- User means a person who registers for or acquires tickets for an event through the EventsPass Platform, or who provides data in response to a Vendor Data Capture Question.
- Vendor means an exhibitor at, seller of products or services at, or sponsor of one of your events.
- Vendor Data Capture Question means a question asked of a person attending an event using the EventsPass Platform in order to obtain user data relevant to a Vendor.
2. AMENDMENTS TO TERMS AND CONDITIONS
We reserve the right to amend these terms and conditions from time to time by either posting the changes on the EventsPass Events Website (www.EventsPass.com), or by giving you notice in accordance with paragraph 20. It is your responsibility to check these websites for changes before creating each Event Listing. The amendments will not apply to an event if the Event Listing was created before notice of the amendment is given. Your use of the EventsPass Platform to create an Event Listing following notice will indicate that you agree to be bound by the terms and conditions as amended.
3. PROVISION OF SERVICES
EventsPass supplies the EventsPass Platform for use by Event Organizers under a Software as a Service agreement. We do not represent you, the Organizer, nor are we an agent for you. The EventsPass Platform allows Event Organizers to create, manage, accept payments and make refunds for tickets purchased via the platform. As an Organizer, you are responsible for all aspects of your event, including compliance with any existing legislation and taxation requirements. EventsPass provides the EventsPass platform as-is and makes no representation as to its applicability or suitability for your event. Please evaluate the platform to determine its suitability.
EventsPass will provide the following Services on the EventsPass Platform for each Event Listing:
- ticket purchase;
- content management
- attendee registration;
- attendee check-in
- collection and forwarding of ticket payments;
- collection, storage and access to User data; and
- electronic ticket delivery by SMS or email.
The Event Listing may be hosted by EventsPass, or inserted into your website through a secure iframe, at your option. If using a secure iframe, the website on which the iframe is positioned is not part of the EventsPass Platform, and EventsPass has no responsibility for the content or use of this website.
4. FEES AND PAYMENTS
We charge fees for Services as per the table below. These fees and charges are the default costs associated with operating your event on EventsPass platform. EventsPass reserves the right to modify our fees from time-to-time. All fee changes will be updated on our website at www.EventsPass.com.
Costs associated with running an event on EventsPass:
- Ticket and Transaction Fees: For more information about our competitive ticket and transaction fees, please contact our friendly team at support@EventsPass.com;
- Donations: No fee charged by EventsPass, but incur a 1.8% transaction fee;
- Chargebacks: We do our best to assist with all chargebacks or claims, however if any Chargeback fee is incurred, this will be passed on in full to Organizers. Cost per chargeback is $25.00;
- Refunds: Refunds incur a $0.30 per refunded item transaction fee (this includes tickets and ticket options). No Percentage based transaction fees will be charged for a refund.;
- Tax: As an event Organizer you will be responsible for any taxes associated with your event. This includes all local, state and federal taxes. EventsPass requires all event Organizers to include their registered company information and provide EventsPass with their Tax Identification number for reporting to the IRS and applicable State taxing entities. All taxes payable in accordance with local, state and federal tax laws shall be paid by Organizer and shall not be withheld by EventsPass, unless it is in the reasonable opinion, and in EventsPass’ sole discretion, that withholding of such taxes and payment by EventsPass to such taxing authorities is necessary to protect the interests of EventsPass created under this Agreement. In the event of such, EventsPass will make an accounting to You for any amounts withheld and paid to applicable taxing authorities.
Please ensure that you receive independent tax advice regarding the treatment of taxes for your event.
To be an Event Organizer, you must register. You must provide accurate complete and current information as required by EventsPass’ registration form (Registration Data) and update your Registration Data at all times.
If you are an individual, you must be at least eighteen years old to register as an Event Organizer.
6. ACCOUNT PASSWORD AND SECURITY
As part of the registration process, you will create a password and account. You must maintain the confidentiality of the password and security of the account and are fully responsible for all use made of your account unless you can establish to our reasonable satisfaction that the use was unauthorized and did not result from a breach of these Terms. You agree to:
- immediately notify EventsPass of any unauthorized use of your password or account or any other breach of security; and
- ensure that you exit from your account at the end of each session.
7. USE OF THE EVENTSPASS PLATFORM
EventsPass grants you a non-exclusive, non-transferable right (without the right to sub-license) to access and use the EventsPass Platform solely for the purposes of creating an Event Listing to be used only for selling and distributing tickets to the event, collecting registrations for visitors to the event, and collecting, storing and accessing data concerning visitors and potential visitors to events.
You must not:
- remove, alter or hide any of the content on the EventsPass Events Website or EventsPass Website or any Listing Content, other than your Listing Content;
- attempt to hack, expose vulnerabilities or otherwise interfere with the operation of the EventsPass Platform or an Event Organizer website other than your own, or any data stored on it; or
- attempt to monitor API calls, network traffic or other data being transmitted to and from the EventsPass Platform.
8. OTHER SERVICES
EventsPass may, from time to time, offer additional services for an additional fee, including:
- the ability to use the EventsPass Platform to ask Vendor Data Capture Questions and store the resulting data; and
- leasing hardware such as iPads, scanners and other devices to facilitate access control and registration at events, and payment processing systems such as mobile point of sale technology.
These Terms and Conditions shall apply to the additional services.
9. YOUR DATA
10. CODE OF CONDUCT
You agree to adhere to the following code of conduct, in the creation and management of your Event Listing, ticketing and registration.
All Listing Content, and your conduct in relation to the Event Listing, must comply with all applicable legislation, including applicable consumer protection laws based on the jurisdiction of Your Event.
You must not use the EventsPass Platform:
- in a manner that is misleading or deceptive;
- to infringe the intellectual property or other legal rights of any person or corporation;
- to distribute or publish any material (including a Vendor Capture Question) which is obscene, defamatory, threatening or abusive, or which vilifies any group of persons, or to provide links to another website which contains such material;
- for any purpose or activity, or in any manner which is unlawful, or to promote any such activity;
- without EventsPass’ prior written agreement, to collect from Users any Sensitive Information;
- to interfere with or disrupt EventsPass or its business, or those of users of the EventsPass Platform, or their computers, software or hardware, including by the propagation of computer worms and viruses; or
- to access any computer or data without authorization.
EventsPass may remove Listing Content that it considers does not comply with these Terms and Conditions without prior notice to you.
EventsPass supplies the EventsPass platform under a Software as a Service agreement. The platform offers a suite of functionality including the ability to accept payments for ticket purchases, donations or other purchases for your event. In providing the ability to accept payments via EventsPass’ payment gateway, we are required to comply with the relevant taxation obligations as prescribed by all relevant taxing agencies, including the appropriate treatment of all sales taxes made via the platform (Please see Section 4 – Fees and Payments for more information).
EventsPass is able to collect payments by credit card via the EventsPass platform. You authorize EventsPass to deduct and retain from payments it collects:
- Any amount owed by you to EventsPass;
- If EventsPass considers that you have breached these Terms and Conditions, an amount it considers sufficient to compensate EventsPass for the breach;
- If EventsPass considers that your conduct in relation to an event or the EventsPass Platform may expose EventsPass to a claim for payment from a third party (including a User), an amount it considers sufficient to meet the claim.
EventsPass will remit the balance of the payments it collects to you fifteen business days after the completion of the event. Your Event Listing must include enough information to permit the payment to be made by electronic funds transfer. EventsPass accepts no responsibility for recovery of lost funds as a result of incorrect banking details being supplied to us.
If EventsPass considers that any amount retained by EventsPass to meet possible claims is no longer required for that purpose, EventsPass will remit that amount to you.
12. CHANGES TO AN EVENT OR TICKET
It is the responsibility of the Event Organizer to notify all Buyers of any material changes to an event or the ticket which they have purchased through the EventsPass Platform, including changes to the venue, program, performers, speakers, presenters, facilities, quantity of the remaining tickets available or total tickets on offer.
Event Organizers must not impose or purport to impose an additional entrance charge in respect of any ticket that has been sold through the EventsPass Platform.
Changes to the date or material changes to the time of an event must be treated as cancellations in accordance with paragraph 13.
13. CANCELLED EVENTS
If you cancel an event for which you have created an Event Listing, you must notify EventsPass immediately. You must refund in full any payments made by Users in relation to that event (including any booking fee) or provided each User with an alternative remedy acceptable to that User (such as tickets to a rescheduled or other event) within five business days of the cancellation. If you do not provide us with evidence that you have done so within ten business days of the cancellation, we may, (but are not obliged to) refund all or some payments made by Users in relation to that event on your behalf, and charge you an additional fee for that service.
Copyright in the EventsPass Platform (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by EventsPass. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1976 and similar legislation which applies in your location, and except as expressly authorized by these Terms and Conditions or by EventsPass in writing, you may not in any form or by any means:
- adapt, reproduce, store, distribute, print, display, perform, publish or create new works from any part of the EventsPass Platform; or
- reverse engineer, decompile, or otherwise try to access the source code, user flows or application architecture of the EventsPass Platform.
15. WARRANTIES AND LIMITATION OF LIABILITY
EventsPass does not give any express warranties in relation to the EventsPass Platform or the Services, including warranties that:
- you, Vendors or Users will have continuous access to, or usage of the EventsPass Platform or the Services; or
- data stored on EventsPass servers will not be lost or corrupted;
- it will be possible to restore your data from EventsPass’ back up media; or
- it will be able to prevent unauthorized persons obtaining access to the EventsPass Platform or your Event Listings.
Any condition or warranty which would otherwise be implied into these Terms and Conditions is excluded, unless it would be unlawful to do so.
EventsPass’ liability to you in relation to the EventsPass Platform, the EventsPass Website, the Services or these terms and Conditions on any legal basis is limited, to the extent it is lawful to do so, to one or more of the following:
- the supplying of the Services again; or
- the payment of the costs of having the Services supplied again.
You agree to indemnify EventsPass from any claims, damages, costs, expenses and liabilities (including legal costs on an indemnity basis) arising out of or in connection with:
- your breach of these Terms and Conditions;
- any unauthorized disclosure or use of information obtained through use of the EventsPass Platform or an Event Listing by you, or a Vendor, or by use of your account by any person;
- any contract between you and a User or a Vendor; or
- Any amount paid by a User through your Event Listing that EventsPass is required to repay, including payments required by a credit card issuing institution because the payment was not authorized, was successfully disputed by the customer, was the result of fraud, or because the event was cancelled.
17. SUSPENSION OF SERVICES AND ACCESS
EventsPass may from time to time without prior notice to you suspend the Services, deny you access to the EventsPass Platform, or delete your Event Listings if:
- it is necessary to do so due to any technical failure of, or for the upgrading or preventative or remedial maintenance of EventsPass’ computer systems and software;
- In EventsPass’ reasonable opinion, and in its sole discretion, your use of the EventsPass Platform or the Services, or your Event Content is unlawful;
- without EventsPass’ prior written consent you collect, or engage in conduct that is likely to result in the collection of Sensitive Information from Users;
- In EventsPass’ reasonable opinion, and in its sole discretion, it is required by law to do so; or
- In EventsPass’ reasonable opinion, and in its sole discretion, your use of the Services or the EventsPass Platform adversely affects other Event Organizers or Users, or the integrity of EventsPass’ computer network.
EventsPass may, on giving you two business days’ notice, suspend your right to use the EventsPass Platform and the Services to create new Event Listings if you breach these Terms and Conditions. Access will not be reinstated until the breach is remedied if capable of being remedied, and any loss, damage, costs and expenses incurred by EventsPass in relation to the breach are compensated in full.
EventsPass, in its sole discretion, may terminate its agreement with you and your right to use the EventsPass Platform and the Services any time by giving you at least two weeks’ notice. On termination or expiration of EventsPass’ agreement with you it may deactivate, delete or bar your access to your account. EventsPass may also delete all Event Content and files related to your account, unless you have an Event Listing for an event that has not yet taken place (Future Event Listing). If you have any Future Event Listings, EventsPass will not delete them until seven business days after the event takes place, or until EventsPass is satisfied that the event will not take place on the date stated in the Event Listing on the day before notice is given.
Clauses 9, 11, 13 to 18 and 21 survive termination or expiration of your agreement with EventsPass.
EventsPass may sub-contract the performance of its obligations under these Terms and Conditions without obtaining your consent.
Any notice under these Terms and Condition shall be in writing. We may deliver notices to you by receipted mail, or by email to your email address as provided by you to us from time to time. Notice will be treated as given:
- in the case of postal delivery, on the date of delivery recorded by the postal authority;
- in the case of email, on receipt by the sender of notification that the email has been received by the recipient’s email server,
But if the delivery or receipt is not on a business day or is after 5:00pm on a business day in the place where it is received, the notice shall be considered received at 9:00am on the next business day.
It is your responsibility to notify us of any changes to your contact details.
Any notice from you to us shall be sent in writing to our email address support@EventsPass.com, or another email address notified by us to you.
21. GOVERNING LAW
This Agreement (and the validity and enforceability of this Agreement) shall be governed by the law of the State of Washington, without reference to conflicts of law. You submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in the State of Washington.