Terms and Conditions
1. Who We Are.
Welcome to EventPro! EventPro is a registered business in the Cayman Islands with its principal place of business also being in the Cayman Islands (“EventPro,” “us,” “we” or “our”). We are a mobile ticketing and events management platform. Through our platform, mobile apps and services, we make selling tickets to your events a breeze!
1.2 The Services and Users.
EventPro’s websites and domains, including http://eventproapp.com and http://eventpro.ky, and all of the webpages, subdomains and subparts of those websites (collectively, our “Site”), all of the services available on or through the Site or otherwise provided by us (including our application programming interfaces), and all of our free mobile applications, including without limitation, the EventPro app and mobile Scanner app (collectively, the “Applications”) are offered, maintained and provided by EventPro (Cayman Islands). By using the website and the applications we provide e-ticketing services (the “Services”).
Through the Services, EventPro provides a simple and quick means for registered users who are event Hosts, planners and charitable organizations (“Hosts”) to create event registration, and to sell E-tickets and registrations (or issue free registrations), to such events (including to free events) to those persons who are interested in attending such events (“Attendees”). We refer to Hosts, Attendees and other visitors and browsers of the Services collectively as “Users” or “you.”
2.2 Incorporation By Reference.
3. Your Use Of The Services.
3.1 The Services.
Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly (A) copy, modify, reproduce, translate, localize, port or otherwise create derivatives of any part of the Services; (B) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local, state, provincial, national or other law, rule or regulation); (C) rent, lease, resell, distribute, use the Services for timesharing, service bureau or other commercial purposes not contemplated by this paragraph or otherwise exploit the Services in any unauthorized or unintended manner; (D) remove or alter any proprietary notices or labels on or in the Services; or (E) engage in any activity that interferes with or disrupts the Services. Any rights not expressly granted in this paragraph are reserved.
4. EventPro’s Role.
4.1 Listing Service.
EventPro is not the host or owner of the events listed for sale or registration on the Services. EventPro provides the Services, which allow Hosts to list and promote their events, but all sales are made by the respective Host listed on the applicable event page. It is the Host’s sole obligation to ensure that any event page posting on the Services and the nature and conduct of the underlying event meet all applicable local, state, provincial, national and other laws, rules and regulations, and that the goods and services described in any event page posting are actually delivered in a satisfactory manner.
Creating an account, listing an event and accessing the Services is free. We charge our fees only when you buy paid tickets or registrations. All descriptions of standard fees on the Services represent the standard fees that EventPro charges to ticket buyers. These fees may vary based on individual agreements between EventPro and certain Hosts. Hosts ultimately choose if these fees will be passed along to Attendees and shown as “Fees” on the applicable event page or absorbed into the ticket or registration price and paid by the Host out of ticket and registration gross proceeds. The fees charged to Attendees may include certain other charges, including without limitation, facility fees, royalties, taxes, processing fees and fulfilment fees. Therefore, the fees paid by Attendees for an event are not necessarily the same as those charged by EventPro to the applicable Host or the standard fees described on the Services to Hosts. In addition, certain fees are meant, on average, to defray certain costs incurred by EventPro, but may in some cases include an element of profit and in some cases include an element of loss. EventPro does not control (and thus cannot disclose) fees levied by your bank and/or credit card company, including fees for purchasing tickets and registrations in foreign currencies or from foreign persons. Be sure to check with your bank or Credit Card Company prior to engaging in a transaction to understand all applicable fees, credit card surcharges and currency conversion rates.
Because all transactions are between a Host and its respective Attendees, EventPro asks that all Attendees contact the applicable Host of their event with any refund requests. In the event that a Host has not responded to a refund request within two (2) business days or there is a dispute between a Host and an Attendee that cannot be resolved, either party may contact EventPro. EventPro may, in its discretion, attempt to mediate such dispute, however, EventPro will have no liability for (a) a Host’s failure to give refunds; (b) EventPro’s failure to mediate a dispute; or (c) EventPro’s decision if it does mediate the dispute.
5. Account, Password And Security.
As part of certain registration processes on the Services, you will create an account or change or add information about your account. You agree (a) to provide true, accurate, current and complete information about yourself, or if you are using the Services on behalf of an entity, the entity, as prompted by each Service registration form (the “Registration Data”); and (b) to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. In the event of any dispute between two or more parties as to account ownership, you agree that EventPro shall be the sole arbiter of such dispute in its discretion and that EventPro’s decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.
You are responsible for maintaining the confidentiality of your password and account details, and are fully responsible for all activities that occur under your account, including without limitation, all actions by sub-users registered under your account. You agree to immediately notify EventPro of any unauthorized use of your password or account or any other breach of security.
5.3 Age Restrictions.
6.1 Site Content.
6.2 Your Content.
6.3 Feedback & Revisions.
You hereby acknowledge that (a) any and all suggestions for correction, change and modification to the Services and other feedback (including but not limited to quotations of written or oral feedback), information and reports provided to EventPro by you (collectively “Feedback”); and (b) all improvements, updates, modifications or enhancements, whether made, created or developed by EventPro or otherwise relating to Feedback (collectively, “Revisions”), are and will remain the property of EventPro. All Feedback and Revisions become the sole and exclusive property of EventPro and EventPro may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to EventPro any and all right, title and interest (including, but not limited to, any patent, copyright, future copyright, trade secret, trademark, show-how, know-how and any and all other intellectual property right) that you may have in and to any and all Feedback and Revisions. You hereby agree to waive any moral rights you may have in any and all Feedback and Revisions, and consent to any act which amounts to an infringement of any such moral right, in favor of EventPro. At EventPro’s request, you will execute any document, registration or filing required to give effect to these provisions.
7.1 Certain Restrictions.
You understand that you are liable for all Content, in whatever form, that you provide or otherwise make available to or through the Services, including to other users of the Services. You agree not to use the Services to:
upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
harm minors in any way;
facilitate gambling, gaming, lotteries, raffles, contests, sweepstakes and/or any other activity featuring the award of a prize;
impersonate any person or entity, including, but not limited to, a EventPro representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, right of publicity or personality, or other intellectual property or proprietary rights of any person or entity;
upload, post, email, transmit or otherwise make available any Content related to the sale or provision of goods and services other than the sale or provision of tickets and registrations to bona fide events listed on the Services and other goods and services being sold or provided in conjunction with such events;
interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
attempt to probe, scan or test the vulnerability of any EventPro server or network or breach any security or authentication measures, unless you are an authorized contractor of EventPro specifically engaged to provide such services;
attempt to avoid or circumvent any technological measure implemented by EventPro to protect the Services or Content on the Services, including without limitation, encryption technology used to protect sensitive personal information;
solicit any User to use a third party service that competes with EventPro;
advertise your event but complete sales independent of the Services in order to circumvent the obligation to pay fees related to the Services;
intentionally or unintentionally violate any applicable local, state, provincial, national or other law, rule or regulation, including without limitation laws and regulations regarding the sale of tickets;
resell tickets or registrations;
collect credit card number, expiration date or CSC code or any other credit card information;
collect social security or insurance number, financial account number, drivers’ license number, health information or other sensitive information required to be secured under applicable local, state, provincial, national or other law, rule or regulation or for which disclosure is required in case of a data breach without first obtaining EventPro’s prior written consent; or
stalk or otherwise harass any person or entity.
7.2 Certain Remedial Rights.
9. Referrals and Public Affiliate Marketing Program.
10. Additional Services.
11. Service Modifications.
EventPro is a fully integrated mobile EventPro and events management platform. We are constantly evolving our products and services to better meet the needs of our entire user base. Because of this, we do not guarantee any set of product features or functionality and reserve the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, any part of the Services for any reason. Because you only pay fees to EventPro as you use the Services, there would be no refund of fees already due following any such change to the Services.
12.1 Third Party Websites.
The Services may provide, or Users may provide, links to other Internet websites or resources. Because EventPro has no control over such websites and resources, you acknowledge and agree that EventPro is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such websites or resources, or any damages or losses related thereto, even if such websites or resources are connected with EventPro partners or third party service providers.
12.2 Linked Accounts.
As part of the Services you may be able to link an account you have with a third party service, such as a social media website. By linking such third party account, you agree that EventPro may access, make available to and store any Content that you have provided to and stored in such third party account so that it is available on or through the Services. Such content may include personally identifiable information.
13. Privacy; Customer Information.
13.3 Payment Data.
EventPro will not share with a Host any Payment Data. “Payment Data” means any full payment card (Credit / Debit / Prepaid Debit) number or other full payment account number and the related expiration date and security code entered by an Attendee on the Services in order to purchase a ticket or registration.
Services “AS IS”
TO THE FULLEST EXTENT PERMITTED BY LAW, EventPro AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE APP AND SERVICES. THE SERVICES ARE PROVIDED “AS IS.” WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EVENTPRO IS NOT LIABLE FOR ANY STATEMENTS, REPRESENTATIONS OR CONTENT PROVIDED BY ITS USERS IN ANY PUBLIC FORUM, PERSONAL HOME PAGE OR OTHER INTERACTIVE AREA, EVEN IF EventPro HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EventPro does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the EventPro site/app or any hyperlinked site or featured in any banner or other advertising.
EventPro further does not warrant that its service will be secure or uninterrupted; the information, links or other items contained within these materials will be accurate and complete. EventPro may make changes to these materials at any time without notice. EventPro makes no commitment to update the Materials. No oral advice or written information given by EventPro, its employees, licensors or the like will create a warranty; nor may you rely on any such information or advice.
15. Limitation of Liability
As a condition of use of the App/Service, and in consideration of the services provided by EventPro, User agrees that neither EventPro, nor any officer, affiliate, director, shareholder, agent, contractor or employee of EventPro will be liable to User or any third party for any direct, indirect, incidental, special, punitive, or consequential loss of profits, loss of earnings, loss of business opportunities, damages, expenses, or costs resulting directly or indirectly from, or otherwise arising in connection with the Service, App/Site or Content.
EventPro SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE/APP, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR APP, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE EventPro APP/ SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL EventPro, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT EventPro HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL NOT BE MORE THAN THE AMOUNTS PAID BY YOU TO EventPro, IF ANY, FOR THE PAST 12 MONTHS OF THE SERVICES IN QUESTION.
You’re free to stop using our Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you’re not complying with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others’ use of the Services. We will of course provide you with notice via the email address associated with your account before we do so.
17. Waiver, Severability & Assignment
EventPro’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. EventPro may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
18. Governing Law
These Terms shall be governed by and construed in accordance with laws of the Cayman Islands without regard to its choice of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms. User hereby consents to personal jurisdiction of the courts located in the Cayman Islands