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Merchant Agreement

Merchant Agreement

This Ticketing Sales Agreement, effective as of 21/7/2019, is entered into by and between EventPro, with principal offices at 2454 West Bay Road, Centennial Towers, Grand Cayman, Cayman Islands (“EventPro”) and Respective Merchant who submitted event for ticket sales “Merchant” Organiser”)

Organizer intends to create, promote and/or collect sales proceeds for an event organized by it by selling tickets and/or registrations through EventPro App or Website. EventPro consents to sell Organizer’s tickets/registrations to the purchasers on the EventPro Mobile App (the “App”) and/or EventPro Website (the “Website”). EventPro is only a platform and neither owns the product or services offered through it. Tickets/Registration confirmations received after payment can be used to attend the event. The Organizer being the seller of tickets/registrations, and EventPro is the seller of the intangible rights contained in the tickets/registrations. This Ticketing Sales Agreement and the rights and obligations contained in this Ticketing Sales Agreement are in addition to and are incorporated into the Terms and Conditions/Terms of Service by reference. Nothing in this Ticketing Sales Agreement shall be deemed to modify, waive, amend or rescind any other term of the Terms and Conditions/Terms of Service.
In consideration of the mutual covenants of the Parties and other valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the Parties agree as follows:

1. Process
1.1 Event Listing

Event Organizers upload or submit data regarding their organization, productions, venues, event dates, ticket prices, preferred fee charging mechanism, etc. on to the EventPro website or via e-mail, This data populates the EventPro sales website from which the customer can then purchase tickets or register for the listed events.
Event organizer shall enter into the system or submit via e-mail all details of Events including, but not limited to, performance times, ticket prices and seat availability. The accuracy of all such information is at all times the responsibility of the Event Organizer. Failure to provide accurate event details (including amendments to an event if the date or time changes) will considered a breach this agreement and may lead to the account being suspended/terminated. Further, EventPro will be entitled to seek compensation for any direct costs incurred as a result of incorrect event information listed on EventPro Platforms not to exceed $200 KYD or any amount levied against EventPro as a result of incorrect event information.

Event Organizer is responsible for the creation, submission and distribution of automatic discounts and discount codes, if any. The Event Organizer must test its ticket sales to ensure that discount codes and automatic discounts have been set up correctly to provide the correct discount for the applicable event(s), ticket price(s) and validity period. EventPro will not be held responsible for discount codes or automatic discounts that have been set up incorrectly.

1.2 Sale of tickets and/or registrations for events
Organizer authorizes EventPro to offer, sell and distribute the tickets and/or registrations through its website or mobile app, in accordance with this Agreement and subject to the restrictions set forth. Organizer acknowledges that EventPro has the right to accept or reject the sale program; may terminate the sale of tickets and/or registrations at any time.
EventPro Agrees to provide the services specified in this agreement at the cost specified in Section 2.3. It is acknowledged and agreed by the organizer that this is the minimum payable to EventPro and does not constitute a limitation on the compensation paid to EventPro for services rendered.

1.3 Copyright Policy
EventPro respects the proprietary rights. We EventPro reserve the right to terminate the account/services of any user who uses our website or App to unlawfully transmit copyrighted material without a license of express content, valid defense or fair use exemption to do so. The users who submit user content to the website, whether articles, images, stories, software of other copyrightable material must ensure that they either have the rights to use such content or have obtained necessary permission/consent from the owners of such content and the user content they upload does not infringe the copyrights or other rights of third parties (including, but not limited, to trademark, trade secret, privacy or publicity rights). If we receive any notice of infringement from the copyright holder or its agent, we will remove such content and terminate the infringing users’ rights to use and / or access to our website or app.

1.4 Event Specific Terms and Conditions
Tickets are issued subject to the terms and conditions of EventPro. However, each individual Event or Venue may include their own Terms and Conditions (if applicable), including age restrictions, refund and exchange policy, etc. If an Event or Venue has its own Terms and Conditions, they must be included within the booking process and / or be made available at the venue box office to be applicable.

1.5 Pricing Errors
If the amount paid by the Customer for a ticket/registration sold through EventPro is incorrect, either because of an error in a price posted on this website or otherwise communicated to the Customer and regardless of whether caused by transactional malfunction of this website or other EventPro operated system or by human error on the part of the Event Organizer, then EventPro will have the right to cancel that ticket/registration and refund the Customer the amount that they paid.

1.6 Publication and Delivery
Event details, tickets/registration offered by an Organizer shall be published on the Website in accordance with the Terms of this agreement. EventPro reserves the right to change the order or page of an Organizer’s offer on the website, in relation to other similar offers. An email confirmation or confirmation to Purchaser’s smart phone will be sent in accordance with the terms sale of tickets/registration. Once a confirmation is sent to the purchaser, Organizer shall be solely responsible for all customer service in connection with the event.

2. Ticket/Registrations

2.1 EventPro offers several options for customers to purchase tickets/register for an event:
a) Online via your unique EventPro web address which can also be linked to your own event website or Facebook page through a “buy tickets” or register” option.

b) The EventPro Mobile App.

2.2 The purchaser can purchase tickets/register via the Event Organizer’s unique EventPro URL or search the EventPro sales site by Production Company or Amateur Society, Venue, Location, Performance Name or Date to navigate to the specific Event in which they are interested. You may then specify:

a) The venue section or price category in which you wish to buy seats.

b) The number of tickets you wish to buy.

c) Where relevant, the position of seats.

The site will then display the payment due for the seats ticket. The purchaser will then be asked to select their preferred method of Payment and having entered and submitted Credit or Debit Card details, the EventPro system will charge the Card Issuer the appropriate amount in KYD. On completion of the transaction, the chosen seats or ticket category will be registered in the purchaser’s name and they will be sent confirmation of purchase.

2.3 Fees

Event Ticketing Fee 7% Ticket Face Value+ $7 Per Ticket

Additional Charges may apply for events where special conditions of sale are required.

All refund requests from the event organizer are subject to a 2% processing fee.

3. Payment
EventPro shall pay to Organizer according to the terms set forth in this Section. EventPro will pay Organizer for each ticket/registration sold for which a purchaser has fully paid EventPro, less, charge-backs, refunds as stipulated in the Terms of service and applicable fee as stipulated in section 2.3 (the “Fees”). Organizer shall be responsible for paying applicable duties, if any. EventPro shall pay the amount due to Organizer every second Monday after the date ticket sale commences. Amounts retained by EventPro are compensation for the services of selling the tickets/registrations for Organizer. Subject to banking and administrative fees for payments to be made outside of the Cayman Islands.

4. Term & Termination
This Agreement shall be in effect and continue for a period of 12 months following the Effective Date; or till the last date of the event for which a customer has purchased the ticket or registered. EventPro or the Organizer may terminate this Agreement any time by providing written notice of such termination. The expiration of the Term shall not in any way affect the purchaser’s usage of the ticket/registration, or Organizer’s obligation for honoring the ticket/registration. Organizer agrees that, he/she/it will not promote any other online offer with an online ticketing outlet other than EventPro with respect to the event, with similar or greater value for a period up to 60 days from the date of this agreement, plus a minimum of 60 days following the Organizer’s date of feature on the EventPro website or app.

5. Organizer Representations and Warranties, and Indemnification
Organizer represents and warrants that (a) Organizer has the right, power and authority to enter into this Agreement, (b) Organizer is registered for sales in all locations in which Organizer’s events will be organized; and (c) the tickets/registration Confirmation, upon being delivered by EventPro shall be available for use by purchaser as per the terms therein. Organizer agrees to comply with the tickets/registration confirmation terms and conditions as set forth on the EventPro Website, and to comply with any applicable laws. Organizer shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a Purchaser, caused in whole or in part by Organizer, as well as for any unclaimed property liability arising from unredeemed Purchase confirmations. Organizer further agrees to allow the purchaser to redeem the ticket/registration confirmation to the extent of amount paid by purchaser (cash value) for the event for the applicable term under the local laws. Organizer agrees to indemnify and defend EventPro against local duty obligations (“Taxes”) arising from the sale and subsequent redemption of a ticket/registration confirmation; or any action in that regard including payment of monies owed to any party, as well as all attorneys fees.

6. Confidentiality
Either party to this Agreement may, in the course of fulfilling its terms, need to disclose information to the other party that is proprietary or confidential. When such information is disclosed, the following provisions apply

A. The term “Confidential Information” as used in this Agreement, means any oral, written, or documentary information or information that is stored by electronic means which (a) relates to this Agreement, (b) is received by one of the parties from the other, and, in the case of written information, (c) is marked “Confidential”, “Proprietary” or which the Disclosing Party states in writing at the time of transmittal to, or receipt by, the Receiving Party is to be considered confidential. Orally disclosed information shall be considered confidential if identified as such at the time of disclosure and if followed up in writing within 10 (ten) calendar days, with the information identified and marked as confidential.

B. The “Confidential Information” does not include information that: (a) is already known to the Receiving Party as evidenced by prior documentation thereof; or (b) is or becomes publicly known through no wrongful act of the Receiving Party; or (c) is rightfully received by the Receiving Party from a third party without restriction and without breach of this Agreement or any other Agreement; or (d) is approved for release by written authorization of the Disclosing Party.

C. The contents of this Agreement are confidential and not known to the general public outside of this Agreement. Both EventPro and Organizer agree to maintain the confidentiality and not disclose the terms described herein to any party; other than their employees, parent companies, and shareholders who are required to have knowledge of the same to discharge their duties; only after taking the necessary precautions of the kind generally taken with confidential information to preserve the confidentiality of the information made available to such individuals. Any breach of this confidentiality provision by either EventPro or Organizer shall be considered a material breach of this Agreement and subject EventPro or Organizer to all penalties for such breach; and both parties will be entitled to all reliefs as may be proper.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF ORGANIZERABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. EVENTPRO DOES NOT WARRANT OR GUARANTEE THAT THE SERVICES OFFERED ON OR THROUGH THE WEBSITE /MOBILE APPLICATION SHALL BE UNINTERRUPTED OR ERROR-FREE, THAT THE TICKET/REGISTRATION CONFIRMATIONS WILL BE ERROR-FREE OR THAT ANY ERRORS, OMISSIONS OR MISPLACEMENTS IN THEM WILL BE CORRECTED.

7. Indemnity
Organizer agrees that his/its obligations specified in this Agreement are necessary and reasonable in order to protect EventPro. Organizer expressly agrees that monetary damages would be inadequate to compensate EventPro for any breach of any covenants and agreements set forth herein. Accordingly Organizer agrees and acknowledges that any violation will cause irreparable injury to EventPro and that in addition to any other remedies made available, in law, in equity or otherwise, EventPro shall be entitled to obtain injunctive relief against breach of this Agreement or the continuation of any such breach.

8. Warranty
Both the parties hereby represent, warrant and covenant that:

(a) Each party represents and warrants that the person executing on behalf of such party has been duly authorized to execute this Agreement and fully perform all of its obligations hereunder;

(b) There is no conflict of interest in executing this Agreement.

9. Severability

If any court determines that any provision of this agreement is invalid or unenforceable, any invalidity or unenforceability will affect only that provision and will not make any other provision of this agreement invalid or unenforceable and shall be modified, amended or limited only to the extent necessary to render it valid and enforceable.

10. Assignability

This Agreement shall not be transferred or assigned, in whole or in part, by the Organizer without the prior written consent of EventPro.

11. Final Agreement
This Agreement constitutes the final agreement between the parties and supersedes all prior negotiations, understandings and agreements between the Parties, whether written or oral. This Agreement may only be amended, supplemented or changed, by a written document signed by both the parties.

12. Headings

The headings in this Agreement are inserted for convenience only and shall not be used to define, limit or describe the scope of this Agreement or any of the obligations herein.

13. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Cayman Islands, without giving effect to the conflict of law principles thereof. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms. User hereby consents to personal jurisdiction by the courts located in Cayman Islands for resolution of any disputes. This Agreement may be executed in one or more counterparts and each party consents to electronic message (e-mail or otherwise) as acceptable means to constitute a written acceptance of an authorized person for such party.

14. Dispute Resolution
All disputes arising out of or in connection with the present contract shall be finally settled under The Arbitration Law, 2012, of Cayman Islands. The aggrieved party shall issue a written notice to the other party for resolution of the dispute. If there is no response or the dispute cannot be resolved within ten days, the parties may initiate arbitral proceedings. The arbitration proceedings shall be conducted by a single Arbitrator in the Cayman Islands; and the language of the arbitration shall be English. The Arbitrator shall be appointed by mutual consent of parties or by a competent court as per the provisions of the Arbitration Law.

15. Miscellaneous
Organizer grants EventPro a worldwide, royalty-free, non-exclusive license and right to use Organizer owned graphic images, text and other content provided to EventPro by Organizer for the sole purpose of selling the tickets/registration.
EventPro will not offer tickets for sale to patrons with United States Billing Addresses.

The Parties are independent contractors. Nothing in this Agreement shall be construed to create a joint venture, partnership, or an agency relationship between the Parties. Neither Party has the authority, without the other Party’s prior written approval, to bind or commit the other Party in any way.

By submitting your event via e-mail or by using our site/apps or services, it will be deemed that you have accepted the Terms stated in this Ticketing Sales Agreement. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT SUBMIT YOUR EVENT OR USE ANY EVENTPRO SERVICES