THE FOLLOWING DESCRIBES THE TERMS ON WHICH EVENTHOLLER OFFERS YOU ACCESS TO ITS SITE AND SERVICES.
Acceptance of User Agreement
This user agreement ("User Agreement" or "Agreement") is a contract between YOU (hereby referred to as "Buyer" or "User" or "End User" or "Affiliate" or "You") and
(May also be referred to as "We" or "Us" or "Company".).
Your continued use of the Site after this time shall signify your acceptance of this User Agreement. This User Agreement and all policies and terms incorporated by reference constitute the entire agreement between you and EVENTHOLLER as to its subject matter.
If you do not agree to any of these terms and conditions you should immediately cease to use the Site.
EventHoller is a website on the "WorldWideWeb" (Internet) that provide users with the services including web content, information about different topics and locations, Events posted by Organizers through our main website, our facebook and/or other social apps, affiliates, splash pages, Micro sites and email, offering Tickets for sale by different Organizers across the world.
These tickets may be exchanged for entry, goods and/or services at
a. Organizers' location(s)
b. Event Location
c. Any agency or Agent appointed by the Organizer.
There are no third-party beneficiaries of this Agreement. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so shall not be considered valid.
By registering as a member and accepting this Agreement, you represent that: (i) you have read and understood this Agreement and agree to be bound by its terms and (ii) that you are at least 18 years of age. (iii) If you are under the age of 18 but are at least 13 years of age you agree that you have the consent of a parent or legal guardian who agrees to be bound by these Terms. Children under the age of 13 may not use our site or services for other than browsing, and parents or legal guardians may not agree to these Terms on their behalf. You must be 18 years or above to purchase a Ticket on EventHoller. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this website including all financial charges and legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, please cease the use of this site immediately.
Use of this site and its content
By joining EventHoller you agree that you:
a. Are of legal age to use this site, or have the parental/ guardian consent to do so ; (You may not use this site if you are under 13 years of age, and, you cannot purchase any tickets if you are under 18 years of age.)
c. Shall not copy or distribute any part of EventHoller in any way without our prior written permission.
d. Shall not provide any false information while creating a EventHoller Account or at any other place on this site or affiliated sites or to Organizers;
e. Shall protect your login and password used to access EventHoller and you agree that any unauthorized use of your account shall not be the responsibility of EventHoller.
f. Shall not use EventHoller to collect any personally identifiable information, including names, email addresses, account information or other such information, for any purpose;
g. Shall not use our forums, message board, email or other features for any commercial solicitation purposes;
h. Are solely responsible for all the actions and posts made from your account.
i. Represent that you own or have the necessary, rights, permissions, licenses and consents to authorize EventHoller to use any and/or all content provided by you to EventHoller in accordance with the licenses granted in this Agreement;
j. Hereby grant a non-exclusive license to EventHoller, it's designated employees, user, any application authorized by EventHoller to access the content you submit through EventHoller and to use, reproduce, distribute, display and perform such Content as permitted through EventHoller functionality and under these Terms of Service;
h. Shall make sure that none of your submitted content violates the copyrights, violates the laws of your or EventHoller jurisdiction, is racially offensive, promote hatred, is adult by nature, is related to child pornography. You accept the sole responsibility of any such submission and agree to pay EventHoller any damages or claims caused by such actions.
i. Agree that EventHoller has right to determine if you submitted content is appropriate and to remove any content at its own discretion.
Your EventHoller Account
The access to your account either created directly or through Facebook is your responsibility and in no way we are responsible for any misuse of your account by unauthorized access or through other means. Your password with EventHoller is always encrypted and not even our employees can know it. It's you responsibility to protect your password and not to disclose it to anyone including our employees, Organizers or agents.
You hereby agree that you shall not make multiple accounts on EventHoller using different email addresses and/or names for any purpose including but not limited to take advantage of our affiliate commission structure, site testing, getting multiple bargains etc. You hereby agree that if you create more than one account on EventHoller in way that one of your account is referred by you another account, all your accounts shall be cancelled and EventHoller shall not be liable to pay you anything including the commissions you earned by referring others.
You herby agree that you shall not create an account on EventHoller if your account or site access has previously been terminated by EventHoller.
Non-Confidentiality and Privacy
You hereby agree that the information you shall provide to or on EventHoller through private emails, contact forms, message boards, chat rooms or on profile can be shared by EventHoller with its Organizers and other affiliates and partners on as needed basis. EventHoller shall not treat any information given by you as confidential except your credit card information which is never stored on our servers and is transmitted to our processor through a secure connection (SSL), your password which is stored in encrypted format and your contact information including your address, phone number and email address which may be shared only with the Organizers whose tickets you purchase so that they can contact you to serve you in the best possible way.
Emails you send to EventHoller can be shared by us with the third party support companies, its employees and any other technical or business support company to resolve your issues. Your email messages or any other communication with EventHoller shall not be treated as confidential and we may use this information without nay limitation.
Right to Modify the Agreement
EventHoller reserves the right to modify this agreement completely or any part of it with or without notice to the user. If there is any major change EventHoller shall but is not obligated to notify user on the email address provided by the user.
Loss of property and information
User shall be responsible for obtaining all the necessary software and hardware to access this site. EventHoller shall not be responsible for any cost incurred by the user to access this site. EventHoller shall not be responsible for any damage caused to the equipment or any loss of information or property resulting from the use of this site.
Rules Regarding Information and other Content
When you use our site you may read, change, use or post information in the form of text, images, videos etc. You shall also be able to post such content on our website.
You hereby agree that you shall not change or obscure any content on our website. You may not post any content on our website that violates the copyrights, trademarks and other legal rights of others, violates the privacy, of others, is unlawful, defamatory, libellous, discriminatory, pornographic, obscene, racially charged, threatening, harassing, pornographic, hateful, or encourages criminal conduct, give rise to civil liability, violate any law, or is otherwise inappropriate, as determined by EventHoller in its sole discretion, is inaccurate, or could harm our or our affiliates', partners' or Organizers' reputation or property.
Though we do our best to identify and remove any inappropriate content from our website but it is not our obligation and during the use of this site you may encounter content that may be offensive and/or otherwise inappropriate for you and EventHoller takes no responsibility for your exposure to such content or any harm or damage caused due to user's exposure to such content.
Links to Third Party Sites
You may find links to third party sites on our website which are mostly but not limited to advertisers, Organizers or partners. Your use of their site is not connected to EventHoller in anyway and is governed by their own Terms and Policies. We are not responsible for any loss resulting from the use of the sites linking to us or by the use of the products or services offered by them. You hereby relieve us from any and all liability resulting from your use of any third party site or their products and services.
LIMITATION OF LIABILITY.
Limitation of Remedies. EventHoller's and User's entire liability and exclusive remedy in any cause of action based on contract, tort or otherwise in connection with any Services furnished pursuant to this Agreement including its Exhibits shall be limited to the total amount of money paid by the User to the EventHoller. No action, regardless of form, arising out of this Agreement may be brought by either party more than one (1) year after the occurrence of the event giving rise to such cause of action.
EXCEPT WITH RESPECT TO AMOUNTS PAYABLE ARISING OUT OF CLAIMS BASED UPON SHALLFUL, MALICIOUS OR GROSSLY NEGLIGENT CONDUCT OF THE LIABLE PARTY, NEITHER THE SELLER NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SERVICES SHALL IN ANY EVENT WHATSOEVER BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES IN EXCESS OF THE TOTAL PRICE PAID BY THE USER TO EVENTHOLLER (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES EVEN IF EVENTHOLLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALLEVENTHOLLER'S LIABILITY IN CONNECTION WITH A EVENTHOLLER EXCEED THE AMOUNTS PAID FOR SUCH EVENTHOLLER (TICKET).
Copyright Notice and Intellectual Property
Copyright and other relevant intellectual property rights exist on all text relating to the Company's services and the full content of this website and our micro sites.
This Company's logo and all other images used on this site and in videos are property of EventHoller and whether registered or not, you shall not use any of it anywhere except for the ones that we explicitly permit you to use in a certain way e.g. banners and text ads, which can be used only for the purpose for which the permission has been granted.
If you think that EventHoller, its affiliates or partners have violated any of your copyrights or any material is used on our website for which you hold the copyrights, please contact our support team with all necessary evidence and the material shall be removed from our website as soon as possible.
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EVENTHOLLER, AND ITS PARENT, SUBSIDIARIES, AFFILIATES, ORGANIZERS OR ANY RELATED COMPANIES (INCLUDING THOSE WHICH SHARE SUBSTANTIALLY COMMON OWNERSHIP), AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF ANY OF THEM FROM ANY AND ALL CLAIMS, LOSSES, OBLIGATIONS, DAMAGES, LIABILITIES, COSTS, DEBT, AND EXPENSES (INCLUDING ATTORNEY'S FEES) ARISING OUT OF (I) YOUR USE OR MISUSE OF THE EVENTHOLLER SITE; (II) YOUR USER SUBMISSIONS, INCLUDING EVENTHOLLER'S USE, DISPLAY OR OTHER EXERCISE OF ITS LICENSE RIGHTS GRANTED HEREIN WITH RESPECT TO YOUR USER SUBMISSIONS; (III) YOUR VIOLATION OF THESE TERMS; (IV) YOUR VIOLATION OF THE RIGHTS OF ANY OTHER PERSON OR ENTITY, INCLUDING CLAIMS THAT ANY USER SUBMISSION INFRINGES OR VIOLATES ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS; (V) YOUR BREACH OF THE FOREGOING REPRESENTATIONS, WARRANTIES, AND COVENANTS; AN (VI) ANY UNAUTHORIZED USE OF YOUR ACCOUNT NOT CAUSED BY EVENTHOLLER. EVENTHOLLER RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US AND YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THESE CLAIMS. YOU AGREE NOT TO SETTLE ANY MATTER WITHOUT THE PRIOR WRITTEN CONSENT OF EVENTHOLLER. EVENTHOLLER SHALL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION, OR PROCEEDING UPON BECOMING AWARE OF IT.
Limitations by Applicable Law.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
Most of the communication between you and EventHoller shall be through email, web posts or other electronic mediums. You hereby agree that all terms and conditions, agreements, notices, disclosures, and other communications that EventHoller delivers to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
Should any provision hereof be deemed, for any reason whatsoever, to be invalid or inoperative, such provision shall be deemed severable and shall not affect the force and validity of other provisions of this Agreement.
GOVERNING LAW AND EXCLUSIVE JURISDICTION.
Any and all disputes arising out of these Terms and Conditions, its performance, breach, enforcement, existence or validity, including any failure of the parties to reach agreement with respect to matters provided for in these Terms and Conditions and all matters of dispute relating to the rights and obligations of the parties, which cannot be amicably resolved, even if only one of the parties declares that there is a difference, shall be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Toronto, Ontario in English and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario), as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party.
Both Parties shall not be held responsible for any delay or failure in performance under this Agreement rising out of causes beyond its control, or without its fault or negligence (Force Majeure). For the purposes of these Terms, "Force Majeure" means a strike, lock and out, work stoppage or slow down or other labor dispute, popular uprising, sabotage, riot, rebellion, seizure, insurrection, act of terrorism, act of God, fire, storm, flood, war, accident, embargo, hostilities, explosion, perils of navigation, breakdown of or damage to any facilities, machinery or equipment (due to any cause or reason whatsoever) used to manufacture, obtain, store or distribute the Product, an act of any government, or any other event beyond the reasonable control of one party (whether similar or dissimilar to the causes specifically listed).
You can purchase tickets for the products and services that may or may not be discounted from their original price from the providers of those products and services hereby called "Organizers". These tickets may be purchased through EventHoller website, its affiliated sites, partners, facebook, other social networks and email.
EventHoller is just a source to link you to the Organizer and is not the actual seller of the ticket. The ticket is sold by Organizer using EventHoller platform.
You have to create an account on EventHoller to buy a ticket so that the tickets can be easily accessible for you from anywhere through internet whenever you need to print and use them.
EventHoller may or may not accept other forms of payments like PayPal, check or bank transfer at its sole discretion at any time for any ticket.
If you utilize this ticket on the Event date and time, the Organizer is obligated to provide you with the products and/or services mentioned in the ticket and ticket terms like Entry to the event, free snacks, drinks etc.
If you are not able to attend the event for any reason, the ticket will not refunded or exchanged.
If the Organizer refuses to honour your ticket, you can contact EventHoller to get your paid amount back.
TICKET SPECEFIC TERMS
When you buy a ticket, there shall be ticket specific terms shown to you on the Event Page or through a terms link on the Event page. It shall be your responsibility to read all the ticket specific terms and ticket details before you buy a ticket. The event specific terms supersede any terms of this agreement or the general event terms explained hereafter except to the extent such terms are prohibited by applicable law.
General Event Terms
These terms apply to all events except when they contradict with the event specific terms. In case where these contradict the event specific terms, the ticket specific terms shall be applicable.
There shall be no cash value for any Ticket. Organizer shall not be obligated to issue cash back or credit for any ticket, except as required by the law.
Use of a Ticket for alcoholic beverages is at the sole discretion of the Organizer (which may be limited by applicable state or provincial law), unless otherwise mentioned on the Ticket, or in the ticket specific terms.
Tickets cannot be combined with any other coupons or promotions unless otherwise mentioned on the Ticket, or in the ticket specific terms.
Tickets cannot be used for taxes, tips, prior balances, shipping or handling, as applicable.
Tickets may be applied only to gain entry to Event and any merchandise or service mentioned by Organizer. EventHoller and/or Organizer is not responsible for lost or stolen Tickets
Duplication, sale or trade of a Ticket is prohibited, unless when it is in compliance with the applicable laws.
Any attempted redemption not consistent with these terms and conditions shall render the Ticket null and void. In case Organizer does not honor you valid ticket, you need to inform EventHoller by submitting a ticket or email within 48 hours of such incident.
Responsibility of Organizer
EventHoller advertise the Events and acts an as agent in selling the Tickets on behalf of the Organizers. Organizer is the issuer of the Ticket. As issuer of the Ticket, the Organizer shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Organizer or its merchandise, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Tickets. By purchasing a Ticket, you get the right to print a Ticket issued by the participating Organizer and to use the Ticket according to its terms and the terms of this Agreement. Whether you choose to print and/or redeem the Ticket is at your discretion.
When you buy tickets at EventHoller, you shall be entitled for a full refund if requested 5 days prior to the time of Event. After that time, refund can only be issued only if the issuing Organizer goes out of business, event is cancelled or it becomes impossible for you to redeem the ticket. You can also ask for a refund if the quality of the merchandise provided by the Organizer was very poor and you think that it's EventHoller's fault to go with such an Organizer. In that case EventHoller decision on whether or not refund should be issued shall be final.
You can cancel the account with Event Holler anytime by logging in to your account and by clicking "Close My Account". Once your account is closed, you shall not be able to access your account again. All your information shall be deleted and your purchased Tickets shall not be visible to you. It is strongly suggested that you either print your Tickets before cancelling the account or cancel the account after redeeming the purchased Tickets. As soon as you cancel your account, all the funds in your account shall be forfeited and EventHoller shall not be able to make any payments as we shall lose all your information.
EventHoller allow users to promote Events posted on EventHoller.com. EventHoller rewards users who promote EventHoller to their friends and other people by paying them the portion of commission offered by the Event Organizer for promotion.
Event Holler will pay 50% of the commission offered by the Organizer to the Promoter.
If you agree to become a promoter, you allow Event Holler to post Events on any social network account you link to your Event Holler account.
You will be able to control the number of posts and automatic posting of events on your social network accounts.
The commission offered by the organizers to the promoters for each event will be visible to the promoters.
Promoting Events is optional; you don't have to promote it to stay an EventHoller member.
You hereby agree that you shall only promote Events in accordance with the applicable laws of your jurisdiction. You shall not use unsolicited email to recruit new members in any case, see our anti-spam policy. You shall not charge anyone for helping them to join EventHoller or for that matter anything related to EventHoller. We do not encourage people to spend money to promote Events. If you do it, it shall have the inherent risks as in any other business and you may never see any return. You shall not claim to be an employee or part of EventHoller in any way other than its user.
As an affiliate/promoter, you agree that you shall not make any earning claims to convince people to join EventHoller. We hereby state explicitly that by joining EventHoller Promoter Program, you are not guaranteed any income whatsoever. You shall not hold EventHoller responsible for any earning claims made by other affiliates/promoters of EventHoller.
Buying any ticket from EventHoller shall not affect your commission or chances to earn from our promoter program any better. You are encouraged to buy our tickets only if they are of any significant value to you.
We may or may not disclose identity of the people you refer to EventHoller. You will be able to see the number of people you referred. Number of people you referred may be changed when someone cancels their membership which can be done any time for free.
We divide the commission for each ticket (the amount we are left with, after paying the Organizer and the Fee) in 2 equal parts, we keep 50% and give 50% to the promoter.
Promoter payments shall only be made through check or PayPal. A $10 fee shall be deducted from commission as handling charges if the commissions are paid by check. There is a minimum amount before you can withdraw funds. The amount of the withdrawn funds should be equal to or more than the minimum amount required for withdrawal. The minimum amount is CAD$50 for residents of all countries.
The commission amount shall be calculated in CAD dollars. For tickets in other currencies, the commission amount shall be converted into CAD dollars according to the current rate offered by our bank. A reasonable conversion fee may apply to cover our cost.
Promoter commissions are not earned under any of the following circumstances:
a. A customer has been issued a refund within the first 30 days of service.
b. A customer account has been suspended within the first 30 days of service.
c. A customer sale that is found to be fraudulent.
d. A customer issues a credit card chargeback or other Payment reversal.
Promoter commissions become payable after 30 days of the sale of the ticket and are paid on the 5th of the month that is after the commission becomes payable.
We have zero tolerance policy for spam. We do not allow our users, promoters or organizers to promote EventHoller through email marketing. It is always advisable for promoters to recommend EventHoller to their friends, relatives and people who they already know.
In case you are found involved in Spamming, direct or indirect, from our servers or other servers, using your referral URL or using other urls to hide your referral url, using intermediary websites or domains, or in any other “innovative” way, we will know it and your account will be suspended immediately. You will lose your account and all your earnings. We will not release any balance of payment remaining in your account. Moreover you agree that EventHoller may prosecute you for any damages or claims we incur due to spam caused by you in any way.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EVENTHOLLER, AND ITS PARENT, SUBSIDIARIES, AFFILIATES, ORGANIZERS OR ANY RELATED COMPANIES (INCLUDING THOSE WHICH SHARE SUBSTANTIALLY COMMON OWNERSHIP), AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF ANY OF THEM FROM ANY AND ALL CLAIMS, LOSSES, OBLIGATIONS, DAMAGES, LIABILITIES, COSTS, DEBT, AND EXPENSES (INCLUDING ATTORNEY'S FEES) ARISING OUT OF ANY CLAIMS OR STATEMENTS OR ACTIONS OF OUR AFFILIATES OR MEMBERS INCLUDING BUT NOT LIMITED TO EARNING CLAIMS, MISREPRESENTATION, MISINFORMATION, EXAGERATION AND OTHER DECEPTIVE PRACTICES.
The provisions herein constitute the entire agreement between the parties and supersede all prior agreements, oral or written, and all other communications between the parties, including any and all supplier or distribution agreements. No term or condition contained in any document provided by one party to the other party pursuant to this Agreement shall be deemed to amend, modify, or supersede or take precedence over the terms and conditions contained herein.
Disclaimers of Warranty
EventHoller reserve the right to terminate the whole website, a part of it, its affiliate program or any offer at any time with or without prior notice to you. We may end this agreement at any time and in case of such termination you are responsible to cease the use of this website without further delay. All tickets issued and all pending payments payable before termination shall be honoured except in the case when the termination is due to your violation of these terms or anti-spam policy. If the termination is due to the violation of these terms our anti-spam policy, EventHoller shall not be liable honour any purchased ticket, affiliate payment or any other payment.
Language of this Agreement
Both parties hereby express their wish to write this agreement and all the related agreements in English language and confirm that they fully understand every part of this agreement.