Terms of Service

Acceptance of terms

Overview

By using or accessing eventcart.fi ("Website") and the services, content or applications or software provided on, from or through the Website or any EventCart apps or widgets integrated into third party websites (collectively "EventCart") or by registering a user account with EventCart, you accept the following terms of use (the "Agreement" or the "Terms of Service").

EventCart enables users, inter alia, to market events they organize as well as sell and purchase tickets to such events. Users organizing events hereinafter "Organizers" and users purchasing or otherwise obtaining tickets hereinafter "Participants". A more detailed description of EventCart and information on system requirements, fees and payments are available on the Website.

EventCart is made available by EventCart Ltd., a company registered in Finland (business ID 2843017-6 ). These Terms of Service constitute a binding agreement between you and EventCart Ltd. ("we" or "us" or "EventCart Ltd" as applicable).

The following terms and conditions govern all use by you as a user of EventCart. EventCart is offered subject to all the terms and conditions contained herein and all other operating rules, policies and procedures. If you do not agree with any of these terms, conditions, rules, policies and procedures, do not use or access EventCart. The use of EventCart is governed also by our Privacy Policy which is incorporated into these Terms of Service by this reference.

Modification

We reserve the right to modify these Terms of Service and any fees applicable on the use of EventCart at our discretion by publishing a notification of such modified Terms of Service on the Website, or in connection to EventCart or by emailing the modified Terms of Service to registered users of EventCart, such modifications to be effective with immediate effect, however, with regard to existing consumer users of EventCart, after a period of 1 month from the date of such notification or email. Your continued use of EventCart following the publishing of the modified Terms of Service constitutes acceptance of the modified Terms of Service. If any change to these Terms of Service is not acceptable to you, please stop using EventCart.

Language

We may translate these Terms of Service, our Privacy Policy or any other operating rules, policies and procedures that may be published from time to time on the website to other languages for your convenience. The English version of each of these documents is the version that governs your use of the services and, in case of conflict between the English language version and a translated version, the English version shall prevail.

Your use of eventcart

We hereby grant you a limited, personal, non-exclusive, revocable, non-transferable, non-sublicensable right to access and use EventCart solely for the purposes of browsing and using EventCart as made available by us in compliance with these Terms of Service, and as permitted under all applicable laws and regulations.
Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly: (i) modify, reproduce or otherwise create derivatives of any part of EventCart; (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of EventCart; (iii) remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices or labels incorporated in EventCart; (v) engage in any activity that interferes with or disrupts EventCart; or (vi) engage in any fraudulent or illegal or unauthorized activity or activity that facilitates fraud; or (vii) access EventCart through any technology or means other than the Website or other means explicitly authorized by us from time to time. You specifically agree to comply with all applicable export control laws and regulations.

You are responsible for obtaining the equipment, connections and software required for using EventCart and all charges relating thereto.

Subscriptions and purchases

EventCart Subscriptions

The fees applicable to using EventCart are made available on the Website.

Fees may vary for different subscriptions. We may also offer free of charge subscriptions. By purchasing a subscription to EventCart, you authorize us to charge you a monthly subscription fee indicated on the Website either by invoicing you or through automatically billing your credit card or by other means described on the Website. Subscriptions will be automatically renewed unless terminated prior to the monthly renewal date.

By purchasing a subscription, you give your consent to the immediate digital delivery of the subscribed version of EventCart to you. Upon being granted access to your subscription you lose your right as a consumer to withdraw from the Agreement: in other words a purchase of a subscription to EventCart cannot be withdrawn.

If you terminate your subscription by emailing us at info@eventcart.fi, the termination will take effect on the day after the last day of the current billing period. We will not refund any subscription fees already paid by or charged from you.

The Organizers acknowledge that the payments of the Participants are made to EventCart’s account, and that the payout to Organizers happen after seven business days after the event has finished. The Ornanizers also acknowledge that they will be charged for possible bank- and currency conversion costs. The payout will be issued in the same currency as the tickets are sold in.

Obtaining Event Tickets

EventCart enables Participants to purchase or otherwise obtain tickets to events ("Events") organized by Organizers. Such purchase occurs between the Participant and Organizer and we are not a party to such agreement and transaction. We are not liable for the fulfilment of the agreement on the purchase of tickets to Events between Organizers and Participants or for the organizing of any Events sold and marketed through EventCart. For clarity, EventCart Ltd may sell tickets to Events organized by EventCart Ltd or obtain tickets to other users’ Events on EventCart, thereby acting as Organizer or Participant, respectively. Please note that the Participant does not have the right to cancel a purchase of an Event ticket after the purchase has been made.

Event tickets are purchasable and billed on a one-time basis. When an Event ticket is purchased through EventCart, you hereby authorize us to charge, on behalf of the Organizer, the price of such Event ticket as well as the EventCart provision (set out below) from the credit card or other payment method of Participant. Tickets to Events may also be provided by Organizers free of charge.

EventCart charges a provision from Participants for sales of tickets to Events made through EventCart as described on the Website. Please note that the provision is non-refundable. For clarity, the EventCart provision is not refunded to the Participant in case of Event cancellations or Event ticket refunds by the Organizer.

The EventCart provision constitutes compensation for the ticket sale service provided by EventCart Ltd. to the Participant. By purchasing a ticket to an Event through EventCart, you give your consent to the immediate delivery of the ticket sale service by EventCart to you. The purchase of the ticket sale service cannot be cancelled by the Purchaser.

All conditions associated with the lawful sale of Event tickets by the Organizer are the responsibility of the Organizer. It is the responsibility of the Organizer to comply with all applicable laws relating to the sale and marketing of Event tickets and the organizing of Events, including any consumer protection laws and privacy laws. Organizers acknowledge that they must inform Participants in connection with pages for their Events of their refund policies and terms in accordance with applicable laws. All communications or disputes regarding refunds between the Organizer and the Participant and EventCart will not be responsible for issuing refunds in any manner for repayment, error, or lack of services related to the reimbursement. If you are a Participant and want to request a refund for an Event ticket purchased through EventCart, please contact the Organizer directly.

The Participant acknowledge that in case EventCart pays a refund directly to the Participant on behalf of the organizer, EventCart will charge €5 (or equivalent in other currency) per refunded ticket. This amount may be subject to change depending on EventCart’s real cost for refunding.

Registering an account

In order to use most functionalities of EventCart, you will have to register a user account with EventCart.

To be a registered user of EventCart, whether as a Participant or Organizer, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Website registration form. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate all of your accounts and refuse any and all of your current or future use of EventCart (or any portion thereof).

As part of the EventCart account registration process, you will create a password and user name. You are responsible for maintaining the confidentiality of the password and user name, and are fully responsible for all activities that occur under your account. You agree to immediately notify EventCart of any unauthorized use of your password or user name, and ensure that you exit from your account at the end of each session. EventCart cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account.

You must be at least 18 years of age to register for an account. If you register an account for a company or any other legal entity, you confirm that such entity and each person using the user account in the name of such entity accepts these Terms of Service.

Event tickets offered on EventCart may be subject to additional terms and conditions of the Organizer. By making a purchase of an Event ticket, you acknowledge and agree to such terms and conditions.

We use third parties like Google and Facebook to create and authorize user accounts. By using those third-party services, you agree to their terms of use, privacy policy, and other agreements between you and them.

Content

EventCart Content

You agree that all material, including without limitation information, data, software, text, design elements, graphics, images, Event marketing material and advertising and other content (collectively, "Content"), contained in or delivered via EventCart or otherwise made available by us in connection with EventCart is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. Reproducing, copying or distributing any Content for any other purpose is strictly prohibited.

All intellectual property rights in and to EventCart are and shall at all times remain the sole and exclusive property of EventCart Ltd and/or any relevant third parties. Nothing in this Agreement shall constitute a transfer of any intellectual property rights to you.

Your Content

For sake of clarity, you retain all of your ownership rights in Content that you upload to EventCart ("Your Content").

Your Content you submit, post, or display will be viewable for other users of EventCart and through third party services and websites. By publishing Your Content, you agree to allow others to view Your Content.

We disclaim any responsibility for the backup and/or retention of Your Content transmitted to EventCart.

You acknowledge and agree that if you contribute, provide or make available any of Your Content to EventCart, you hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit Your Content, in whole or in part, in any media now known or hereafter developed, for any purpose whatsoever. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all Your Content (i) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights, and (ii) complies with all applicable laws and regulations including any consumer protection and marketing laws. In addition, Your Content must be accurate and truthful. We do not monitor or review Your Content, but we reserve the right to remove any of Your Content at any time if we believe in our sole discretion that it does not comply with these Terms of Service. In addition, you agree that we may use your name and logo (whether or not you have made it available through the Site) for the purpose of identifying you as an existing or past customer of EventCart both on the Website and in marketing and promotional materials.

Conduct

Whether you are using EventCart as a Participant or Organizer, you understand that you are liable for all of Your Content, in whatever form, that you provide or otherwise make available to or through EventCart, including to Organizers, Participants and any third parties. You agree not to use EventCart to:

  • Upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of anothers privacy, hateful, or racially, ethnically or otherwise objectionable;
  • Harm minors in any way;
  • Upload, post, email, transmit or otherwise make available any content that you do not have a right to make available;
  • Upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any person or entity;
  • Upload, post, email, transmit or otherwise make available any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to otherwise interact with EventCart in a manner not permitted by these Terms of Service;
  • Interfere with or disrupt EventCart or servers or networks connected to EventCart, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
  • Intentionally or unintentionally violate any applicable law or regulation, including without limitation laws and regulations regarding the sale or resale of tickets; or
  • Stalk or otherwise harass any person or entity.

Whether you are using EventCart as a Participant or Organizer, you acknowledge that we do not pre-screen any Content provided or made available by you or any third party in connection with EventCart, but that we shall have the right (but not the obligation) in our sole discretion to (i) monitor, alter, edit, or remove any of Your Content, in whole or in part, and/or (ii) rescind and terminate your right to use EventCart at any time (with or without notice) for any reason or no reason. You acknowledge and agree that we may preserve Your Content and may also disclose Your Content for any reason, including without limitation if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any of Your Content violates the rights of third parties; and/or (d) protect the rights, property, or personal safety of us, our users and/or the public.

Indemnity

You agree to indemnify, defend and hold us (and our subsidiaries, affiliates, officers, employees, agents, partners or licensors) harmless from and against any and all claims, demands, damages, losses and expenses (including but not limited to reasonable legal fees) made by other users or any third party due to or arising out of your breach of these Terms of Service, including but not limited to any of Your Content violating any third party rights.

Service modifications

We reserve the right at any time and from time to time, modify, suspend or discontinue, temporarily or permanently, EventCart (in whole or in part) or your subscription or user account or any of Your Content for any reason or no reason, with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or abandonment of services. EventCart may also be temporarily unavailable for maintenance or other reasons.

Term and termination

This Agreement will remain in full force and effect while you use EventCart either as an unregistered or registered user. You may terminate your subscription to EventCart at any time and for any reason, whereupon you will continue to have access to any subscribed part of EventCart until the end of your billing period. Provisions of this Agreement intended to survive the termination or expiry of this Agreement shall do so.

No warranties

For our non-consumer users: EventCart is provided "as is" and "as available". We disclaim all warranties of any kind, express or implied, including, but not limited to the warranties of merchantability, title, non-infringement or fitness for a particular purpose. We do not warrant that (i) EventCart will meet your requirements, (ii) EventCart will be uninterrupted, timely, secure or error-free, (iii) the results of use of EventCart will be accurate or reliable.

We are not responsible and assume no liability for content, products, services, actions or omissions of any Participant or Organizer or third party, before, during and / or after an Event. You agree that EventCart has no control and cannot guarantee the quality, safety or legality of Events advertised on EventCart, or the ability of each EventCart user (including Participants and Organizers) to complete a transaction.

This section does not limit our statutory liability for defects in EventCart in relation to our consumer customers or any liability that, by law, cannot be limited or restricted, or your statutory remedies under any applicable mandatory consumer protection laws.

Limititation of liability

For our non-consumer users: To the fullest extent permitted by applicable law, in no event will EventCart Ltd or its subsidiaries, affiliates, officers, employees, agents, partners or licensors be liable to you or any third party in contract, tort or any other legal theory for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages, arising out of the use of or inability to use EventCart.

The Organizers selling event tickets through EventCart are independent contractors and not affiliates, agents or employees of EventCart or EventCart Ltd. EventCart Ltd has no liability and will make no refund in the event of any event cancellation, overbooking, fraud, misleading marketing or other causes beyond our direct control.

This section does not limit your statutory rights as a consumer to claim remedies or damages for defects in EventCart under any applicable mandatory consumer protection laws or any liability that, by law, cannot be limited or restricted.

Choice of law and dispute resolution

These Terms of Service are governed by, and will be interpreted in accordance with, the laws of Finland, excluding its choice of law provisions, unless otherwise stipulated by mandatory consumer protection laws.

Disputes arising from this Agreement shall be resolved by the district court of Helsinki. A consumer may always institute proceedings in the district court of its domicile. Parties may also use the ODR platform managed by the European Commission to settle their disputes. This platform can be found on http://ec.europa.eu/odr . As a Finnish consumer, you may always refer a dispute to the Finnish Consumer Disputes Board (please see kuluttajariita.fi and kuluttajaneuvonta.fi for instructions).

Miscellaneous

The section titles in this Terms and Service are for convenience only and have no legal or contractual effect.

The parties shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of the parties, such as acts of war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

EventCart Ltd shall be entitled to assign all or any of its rights or obligations hereunder in whole or part to an affiliate or successor or to a purchaser or acquirer of its business assets relating to EventCart without your prior consent. You shall not be entitled to assign any of your rights or obligations hereunder in whole or part.

These Terms of Service and our Privacy Policy are the entire and exclusive agreement between you and EventCart Ltd regarding EventCart and these Terms of Service supersede and replace any prior agreements between regarding EventCart.

The failure of us to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision.

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site.

This document was last updated on 29 Aug 2015.

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