Terms and Conditions for Visitors or Attendees to Events
In these terms and conditions:
- the expressions we, us, our, EventsPass refer to EventsPass, Incorporated with offices at 539 Broadway, Tacoma, WA 98402.
- EventsPass Website means www.EventsPass.com, http://admin.EventsPass.com and any other website notified to you by EventsPass that replaces or is additional to the website.
- 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 Website is part of the Platform.
- Event Organizer refers to a person, corporation or association that uses the Platform to sell tickets and accept registrations for an event.
- Event Listing means a mini website created by an Event Organizer using the Platform which provides information about an event, and collects and stores ticketing and registration information.
- Services means any services provided by EventsPass to you in relation to an event, including access to the Platform and use of the Platform to register for events, and buy tickets to events from Event Organizers.
- User, you and your, refers to a person who registers for or acquires tickets for an event through the Platform, or who provides data in response to a Vendor Data Capture Question.
- Vendor means an exhibitor or seller of products or services at Your Event.
- Vendor Data Capture Question means a question asked of a person attending an event using the Platform in order to obtain user data relevant to a Vendor.
- Your Event means an event for which you have registered or bought tickets using the Platform.
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 Website, or by giving you notice in accordance with paragraph 18. It is your responsibility to check the EventsPass Website for changes before buying tickets or registering for an event. The amendments will not apply if you buy tickets or register for an event before notice of the amendment is given. Your use of the Platform to buy tickets or register for an event following notice will indicate that you agree to be bound by the terms and conditions as amended.
To purchase tickets or register to attend an event, you must register as an EventsPass User. To register, you must be at least thirteen years old, and if you are under eighteen, you must use the EventsPass Platform with the consent and under the supervision of a parent or guardian. You must provide accurate complete and current information as required by EventsPass’ registration form.
4. 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 and Conditions. 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.
5. USE OF THE 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 buying tickets or registering for an event.
You must not:
- remove, alter or hide any of the content on the EventsPass or EventsPass Website or any Listing Content;
- attempt to hack, expose vulnerabilities or otherwise interfere with the operation of the Platform or an Event Organizer website, or any data stored on it; or
- attempt to monitor API calls, network traffic or other data being transmitted to and from the Platform;
- attempt to interfere with or disrupt EventsPass or its business, or those of other users of the 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.
6. THE EventsPass PLATFORM ROLE
EventsPass’ platform provides a payment and ticketing service to Event Organizers. It does not organize or sell tickets for events. Your contract for access to Your Events is with the Event Organizer and is governed by any terms and conditions the Event Organizer has included in or linked to its Event Listings. It is your responsibility to read these terms before registering for an event or purchasing tickets to an event. EventsPass acts as the Event Organizer’s agent in collecting payment from and delivering electronic tickets to you.
Event Listings may be hosted by EventsPass or by the Event Organizer on its own website, which is linked to the EventsPass Website by a secure iframe. Event Organizers’ websites are not part of the EventsPass Platform.
7. PROVISION OF TICKETS
You may pay for tickets with a Visa, Mastercard or where available, an American Express Credit Card.
Tickets are provided electronically by email or SMS to the email address or mobile phone number provided by you during registration or when purchasing tickets. All tickets issued by the EventsPass Platform are secured with an encrypted key, and contain a visible QR code and Ticket ID, and can only be validated if they can be scanned correctly at the event venue. You may present either a printed or digital ticket at the event venue, provided the QR code and Ticket ID are clearly visible. Ticket holders may not be permitted entry into the event if the ticket cannot be scanned and validated. In addition to producing a valid ticket, Event Organizers may require you to show evidence of identity, or the card used to make payment.
8. CLAIMS IN RELATION TO EVENTS
Complaints and claims in relation to Your Events should be directed to the Event Organizer. To the extent permitted by law, EventsPass excludes all claims and liabilities relating to Your Events other than:
- claims relating to the payment and ticketing services provided by EventsPass; and
- claims for refunds for cancelled events in accordance with paragraph 10.
EventsPass does not give refunds or exchange tickets other than in accordance with paragraph 10. If you print your ticket, and it is lost or stolen, it may be used by a third party to gain access to the event. If this occurs, you will not be able to obtain access to the event. Your Event Organizer may be willing to cancel the ticket and issue a new one, but EventsPass is not able to do so.
10. CANCELLED EVENTS
It is the responsibility of the Event Organizer, not EventsPass, to advise you if Your Event is cancelled. You should immediately contact the Event Organizer to request a refund. If the Event Organizer has not either refunded your payment in full (including any booking fee) or provided an alternative remedy acceptable to you (such as tickets to a rescheduled or other event) within five business days of the cancellation, you should notify EventsPass within ten (10) business days of the cancellation. Unless the Event Organizer provides us with evidence that it has made the refund or you have accepted the alternative remedy, EventsPass will refund your payment in full (including any booking fee) by the means used to pay for the tickets.
11. PROCESS FOR CLAIMING A REFUND FOR CANCELLED EVENTS
Send an email to the Event Organizer with the subject line “Refund Request”. Event Organizer contact information is available on each event page. If you are unable to contact the Event Organizer, please email support@EventsPass.com.
You should include the following information in your email:
- transaction reference number;
- ticket ID;
- your name;
- your email address;
- your contact phone number;
- that the event has been cancelled.
If you have purchased tickets for an event that requires registration of each individual attendee, you should include the ticket ID and names of each additional attendee for whom a refund is requested.
To claim a refund from EventsPass under paragraph 9, forward your email to the Event Organizer to support@EventsPass.com, and state that you have not received a refund or other remedy from the Event Organizer.
12. DATA USE
Nothing in these Terms and Conditions authorizes the collection, storage, disclosure or use of data contrary to the framework of applicable privacy laws including state and federal laws.
Copyright in the 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, as amended, 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 Platform; or
- reverse engineer, decompile, or otherwise try to access the source code, user flows or application architecture of the Platform.
14. WARRANTIES AND LIMITATION OF LIABILITY
EventsPass does not give any express warranties in relation to the Platform or the Services, including warranties that:
- you 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 Platform or your information.
Any condition or warranty which would otherwise be implied into these Terms and Conditions is excluded, unless it would be unlawful to do so.
Nothing in these Terms and Conditions limits your rights under the consumer protection laws of the United States and the various state laws intended to protect consumers. However, any limitation placed upon these Terms and Conditions by any consumer protection law or regulatory body shall only be applicable to that certain Term or Condition and shall not void this entire Agreement between you and EventsPass.
15. SUSPENSION OF SERVICES AND ACCESS
EventsPass, may from time to time without prior notice to you suspend the Services or deny you access to the Platform if:
- it is necessary to do so due to any technical failure of, or for the upgrading or preventative or remedial maintenance of EventsPass’ platform computer systems and software;
- In EventsPass’ reasonable opinion, and in its sole discretion, your use of the Platform or the Services is unlawful;
- 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 Platform adversely affects Event Organizers or other Users, or the integrity of EventsPass’ computer network.
EventsPass may, on giving you two (2) business days’ notice, suspend your right to use the Platform 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.
Clauses 5, 8, 12 to 16 and 19 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 delivered 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.
19. GOVERNING LAW
This Agreement (and the validity and enforceability of this Agreement) is governed by the law of the State of Washington without regards to conflicts of law. You submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in the State of Washington.