TERMS AND CONDITIONS FOR EVENT ATTENDEES

To download a PDF version of these Terms and Conditions click here.

1. Introduction

When you register on an EventElephant Website as an event attendee you (“Event Attendee” “you” “your” “yours”) accept the following terms and conditions for use of EventElephant Websites by Event Attendees (the “Attendee Terms”).  These Attendee Terms set out your rights and obligations and those of EventElephant Limited (“us”/”our”/”we”) in relation to the services offered by us through this website or any of our other websites including our various top-level domains as well as various sub-domains and aliases of these domains (hereinafter collectively known as “EventElephant Websites”). Before you click on the “REGISTER/PROCEED TO PAYMENT” button at the end of the registration process, please carefully read these Attendee Terms and our Privacy Statement. By registering as an Event Attendee on EventElephant Websites you are consenting to be bound by these Attendee Terms and our Privacy Statement. If you do not agree to these Attendee Terms or the Privacy Statement please refrain from registering as an Event Attendee.

2. Definitions

In these Attendee Terms the following terms shall have the meanings set out below:

2.1    “Account” means an EventElephant Website account.  

 

2.2    “Business Days” means Monday through Friday, excluding bank holidays and public holidays in Ireland and/or the country in which the Event is being held.  

 

2.3    “Claim” means any claim that is the result of a Chargeback.

 

2.4    “Chargeback” means a request that an Event Attendee or Event Organiser files directly with his or her credit card company or credit card issuing bank to invalidate a payment.

 

2.5    “EventElephant Services” means our web-based event management solution for Event Organisers to organise Events together with certain ancillary event management services as may be provided from time to time.


2.6    “Events” events organised by Event Organisers and which are facilitated by us through EventElephant Websites.


2.7    “Event Attendee” means a User who registers on an EventElephant Website to attend an Event.


2.8    “Event Organiser” means a User who registers on an EventElephant Website to organise an Event.


2.9    “Restricted Activities” means those activities described in sections 20 & 23 of these Attendee Terms.


2.10  “Reversal” means a process that cancels a transaction before the payment is processed by the cardholder’s bank.


2.11  “Ticket(s)” “Ticketed” means any email or other written confirmation including tickets, passes or reservations that an Event Attendee has paid for and/or will attend an Event.

 

2.12    “User” means any user of EventElephant Websites including Event Organisers and Event Attendees.

3. Information about Us

If you have any questions about these Attendee Terms or the Privacy Statement, please contact us at webmaster@eventelephant.com.  EventElephant Limited is an Irish company registered under company number 452571 with its registered address at 56 Lansdowne Road, Dublin 4, Ireland.  Our VAT number is IE9681179C.

4. Contracting party

When we provide our services to Event Organisers in respect of Events, we only act on behalf of the Event Organisers which means we do not set Ticket prices or determine dates, venues or any other matters related to the Event. Policies set forth by Event Organisers may prohibit us from issuing exchanges or refunds after a purchase has been made or for lost, stolen, damaged or destroyed Tickets. When you receive your Tickets, please keep them in a safe place.

We act as a mere facilitator for the Event Organiser by order and for account of the Event Organiser. We therefore accept no liability for any matter related to an Event. All information regarding Events including the identity and contact details for the Event Organiser should be obtained directly from the Event Organiser.

It is possible that the Event Organiser’s own general terms and conditions apply to the relationship between you and an Event Organiser. We will not be a party to such agreement nor have we any influence upon it. It is your duty to inform yourself about possible terms and conditions of the Event Organiser (including terms and conditions for the purchase of Tickets) before entering into any contract with an Event Organiser.

You agree that you will not hold us responsible and we accept no liability for your or other Users’ (including Event Organisers’) Contributions, actions, inactions or offline conduct. We accept no liability for any matter related to an Event and we have no control over and do not guarantee the quality, safety or legality of Events or the truth or accuracy of Contributions.

5. Conclusion of the contract

By clicking the “PAY” button on an EventElephant Website in purchasing a Ticket for an Event you will be forming a legally binding contract regarding the sale of such Ticket with the relevant Event Organiser. We act as a facilitator to and for and on behalf of the Event Organiser. In order to fulfil the necessary requirements to form the contract, you must have filled in all necessary fields of the order form and you will be deemed to have (i) accepted these Attendee Terms; (ii) accepted the Privacy Statement; and (iii) any applicable terms and conditions of the Event Organiser.

Information about Events, including timing, venue, amount of available Tickets, prices and possible payment methods is subject to guidelines issued by the Event Organiser. We have no influence on such information and accordingly have no liability in respect of it.

6. YOUR RIGHTS TO CANCEL – “Cooling Off”

If you are contracting as a consumer, you may be entitled to cancel a contract with an Event Organiser within 7 Business Days of the contract depending on the Event for which you have purchased a Ticket and your local laws. In this case, you may be entitled to receive a full refund of the price paid for the Ticket(s) in accordance with policies issued to you by your Event Organiser.

7. Price components and payment procedure

We do not charge any fees to Event Attendees. If you purchase a Ticket for an Event through EventElephant Websites you will be forming a legally binding contract regarding the sale of such Ticket with the relevant Event Organiser. We act as a facilitator to and for and on behalf of the Event Organiser and process such payments on behalf of the Event Organiser.

The price for a Ticket may exceed the stated Ticket price. The price for a Ticket is based on a price set by the Event Organiser. Depending on the agreement between the Event Organiser and us you may have to pay additional fees such as transaction, handling, credit card or delivery fees. In this case any such additional fees are brought to your attention during the payment process.

The total price of the Tickets including all additional fees is immediately due for payment upon receipt of a confirmation email from us. There will be one transaction fee on your visa card statement that will reflect the charge on the email. The narrative will be “Event fee – EventElephant” or “EventElephant.com” on your credit card statement. Some financial institutions and credit card companies may charge a fee for processing this transaction, EventElephant have no control over these charges.

8. Shipment of Tickets

Where applicable, we will send Ticket(s) to the address provided by you following receipt of payment in full in cleared funds and in any event before the Event date except where otherwise stipulated.

9. Refund of Tickets

If an Event is cancelled or postponed your rights to claim a refund of the Ticket price shall be subject to applicable law and to your contract with the Event Organiser.

If you do have the right to claim a refund of the Ticket price, and if we are authorised by the Event Organiser to do so, we will refund payment to you as soon as practicable if we have not already transferred Ticket revenues to the Event Organiser.

10. Non-resident Event Attendees

Neither we nor Event Organisers are in a position to extend official letters of invitation or to accept responsibility for Event Attendee travel or accommodation requirements for Events. We recommend that if you require a visa or other travel papers to attend an Event you should contact the relevant authorities in the country where the Event is being held or the nearest relevant embassy or consular office in your country of residence.

11. Accessing EventElephant Websites

Access to EventElephant Websites is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on EventElephant Websites without notice. We will not be liable if for any reason EventElephant Websites are unavailable at any time or for any period.

From time to time, we may restrict access to some parts of EventElephant Websites, or entire EventElephant Websites, to Users and/or those who have registered with us.

If you choose, or you are provided with, a User identification code, password or any other piece of information as part of our security procedures (“Security Code”), you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any Security Code, whether chosen by you or allocated by us, at any time at our sole discretion or, if in our opinion you have failed to comply with any of the provisions of the Attendee Terms.

You are responsible for making all arrangements necessary for you to have access to EventElephant Websites. You are also responsible for ensuring that all persons who access EventElephant Websites using your Security Code are aware of the Attendee Terms, and that they comply with them and you are responsible for all acts deeds and omissions when your Security Code is used in connection with the EventElephant Websites.

12. Intellectual property rights

We are the owner or the licensee of all intellectual property rights in EventElephant Websites, and in the material published on them. Those works are protected by applicable intellectual property and other laws around the world. All such rights are reserved.

In respect of all material that you submit to or post on EventElephant Websites, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute such material in any media, together with the right to sub-licence such rights.

You may print off one copy, and may download extracts, of any page(s) from EventElephant Websites only when you are specifically invited to or as required to use such and you may draw the attention of others within your organisation to material posted on EventElephant Websites.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
 
Our status (and that of any identified contributors) as the authors of material on EventElephant Websites must always be acknowledged.

You must not use any part of the materials on EventElephant Websites for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of EventElephant Websites in breach of these Attendee Terms, your right to use EventElephant Websites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

13. Reliance on information posted

We merely provide you with an electronic platform to facilitate communication with other Users, and only provide those technical applications that facilitate communication amongst Users. As regards content, EventElephant does not take part in and disclaims all liability arising from communications amongst Users.

We do not make any warranties or representations regarding any data and/or information provided or made available by you or any other User on any EventElephant Website or on any external websites linked to them. In particular, we do not warrant or represent that such data and/or information is true or accurate, or that it fulfils or serves any particular purpose.

If you enter into agreements with other Users through EventElephant Websites, we shall not be a contracting party to such agreements. You alone together with other contracting Users are responsible for the execution and/or fulfilment of agreements that you enter. We shall not be liable in the event that you are unable to contact other Users through EventElephant Websites. We shall not be liable for breaches of any agreements entered into between you and other Users.

Commentary and other materials posted on EventElephant Websites are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to EventElephant Websites, or by anyone who may be informed of any of their contents.

14.    Registration

You warrant that all of the information provided in connection with your registration is accurate.

Each registration is for a single User only. We do not permit you to share your username and/or Security Code with any other person nor with multiple users on a network. You may register with us more than once, however, each registration will be a separate Account and a separate contract with you.

It is impossible for us to determine with any degree of certainty whether any User is in fact the person he or she represents to be. Accordingly, we accept no liability for the actual identity of any User. You are solely responsible for verifying the actual identity of other Users.

15.    EventElephant Websites change regularly

We aim to update EventElephant Websites regularly, and may change the content at any time. If the need arises, we may suspend access to EventElephant Websites, or close some or all of them indefinitely. Any of the material on EventElephant Websites may be out of date at any given time, and we are under no obligation to update such material.

16.    Our liability – YOUR ATTENTION IS DRAWN TO THIS CONDITION

16.1    The material displayed on EventElephant Websites is provided “as is” and without any guarantees, conditions or warranties as to its accuracy.

16.2    To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
16.2.1    All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

16.2.2    Any liability for any direct, special, indirect or consequential loss or damage incurred by any Event Attendee in connection with EventElephant Websites or in connection with the use, inability to use, or results of the use of EventElephant Websites, any websites linked to them and any materials posted on them, including, without limitation any liability for:
(a)    loss of income or revenue;

(b)    loss of business;

(c)    loss of profits or contracts;

(d)    loss of anticipated savings;

(e)    loss of data;

(f)    loss of goodwill;

(g)    wasted management or office time; and

for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
16.3    Nothing in this section 16 affects our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law. In addition, nothing in this section 16 affects your statutory rights as a consumer.

17.    Data protection

We process information about you in accordance with our Privacy Statement. By using EventElephant Websites, you consent to such processing and you warrant that all information provided by you is accurate and that you have the consent of all those whose personal data have been disclosed, for such processing of their personal data.

For the purpose of the Data Protection Acts 1988 and 2003, the data controller is the Event Organiser of the Event that you register to attend. We act as a data processor on behalf of the Event Organiser.

18.    Uploading material to EventElephant Websites

Whenever you make use of a feature that allows you to upload material to EventElephant Websites, or to make contact with other Users, you must comply with all applicable laws and our Content Standards (see section 23 below). You warrant that any such contribution does comply all applicable laws and with our Content Standards (see section 23 below), and you indemnify us for any breach of that warranty.

Any material you upload to EventElephant Websites will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to EventElephant Websites constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other User.

We have the right to remove any material or posting you make on EventElephant Websites if, in our opinion, such material does not comply with applicable laws or our Content Standards (see section 23 below).

19.    Viruses, hacking and other offences

You must not misuse EventElephant Websites by knowingly introducing viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware. You must not attempt to gain unauthorised access to EventElephant Websites, the server on which EventElephant Websites are stored or any server, computer or database connected to EventElephant Websites. You must not attack EventElephant Websites via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you may commit a criminal offence and we will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use EventElephant Websites will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of EventElephant Websites or to your downloading of any material posted on them, or on any website linked to it.

20.    Restricted uses

You may use EventElephant Websites only for lawful purposes. You may not use EventElephant Websites:

20.1    In any way that breaches any applicable local, national or international law or regulation.

20.2    In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

20.3    For the purpose of harming or attempting to harm minors in any way.

20.4    To send, upload, download, use, re-use or knowingly receive any material which does not comply with our Content Standards (see section 23 below).

20.5    To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

20.6    To transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

20.7    Not to reproduce, duplicate, copy or re-sell any part of any EventElephant Websites in contravention of the provisions of these Attendee Terms.

20.8    Not to access without authority, interfere with, damage or disrupt:

20.8.1    any part of any EventElephant Website;

20.8.2    any equipment or network on which EventElephant Websites are stored;

20.8.3    any software used in the provision of EventElephant Websites; or

20.8.4    any equipment or network or software owned or used by any third party.

You may report any activities of any other User which violate applicable laws and/or these Attendee Terms by emailing us at webmaster@eventelephant.com.

21.    Offline conduct

Although we cannot monitor your conduct off EventElephant Websites, it is also a violation of these Attendee Terms to use any information obtained from EventElephant Websites in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any person without their prior explicit consent. We act as a mere facilitator for Event Organisers by order and for account of Event Organisers. We therefore accept no liability for any matter related to an Event and we have no control over and do not guarantee the quality, safety or legality of Events.

22.    Interactive Services

We may from time to time provide interactive services on EventElephant Websites, including, without limitation blogs, chat rooms and bulletin boards together (“Interactive Services”).

Where we do provide any Interactive Service, we reserve the right to oversee, monitor or moderate any Interactive Service, however, we are under no obligation to do so and we expressly exclude our liability for any loss or damage arising from the use of any Interactive Service by you in contravention of our Content Standards (see section 23 below), whether the service is moderated or not.

23.    Content Standards

These content standards apply to any and all material which you contribute to EventElephant Websites (“Contributions”), and to any Interactive Services associated with them (“Content Standards”).

You must comply with the spirit, as well as the letter, of the following standards. The standards apply to each part of any Contribution as well as to its whole.

Contributions must:

23.1    Be accurate (where they state facts);

23.2    Be genuinely held (where they state opinions); and

23.3    Comply with applicable law in any country from which they are posted.


Contributions must not:

23.4    Contain any material which is defamatory of any person;

23.5    Breach the data protection or privacy rights of any person;

23.6    Contain any material which is obscene, offensive, hateful or inflammatory;

23.7    Promote sexually explicit material;

23.8    Promote violence;

23.9    Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

23.10    Infringe any patent, copyright, database right, trade mark or other intellectual property right of any other person;

23.11    Be likely to deceive any person;

23.12    Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

23.13    Promote any illegal activity;

23.14    Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;

23.15    Be likely to harass, upset, embarrass, alarm or annoy any other person;

23.16    Be used to impersonate any person, or to misrepresent your identity or affiliation with any person;

23.17    Give the impression that they emanate from us, if this is not the case; or

23.18    Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

24.    Suspension And Termination

24.1    Termination By Us

We will determine, in our discretion, whether there has been a breach of the Attendee Terms through your use of EventElephant Websites. When a breach of the Attendee Terms has occurred, we may take such action as we deem appropriate.

Failure to comply with the Attendee Terms constitutes a material breach of the terms upon which you are permitted to use EventElephant Websites, and may result in our taking all or any of the following actions:


24.1.1    Immediate, temporary or permanent withdrawal of your right to use EventElephant Websites.

24.1.2    Refusal to publish or post, or immediate, temporary or permanent removal of any posting or material uploaded by you to EventElephant Websites.

24.1.3    Issue of a warning to you.

24.1.4    Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

24.1.5    Further legal action against you.

24.1.6    Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.


We exclude liability for actions taken in response to breaches of the Attendee Terms. The responses described in the Attendee Terms are not limited, and we may take any other action we reasonably deem appropriate.

25.    Indemnity

You agree to indemnify us and keep us indemnified (including our directors, agents, servants and employees) against all losses, costs, charges, demands, proceedings, damages, actions, expenses and claims howsoever incurred by us as a result of your use of EventElephant Websites or a breach by you of any of these Attendee Terms.

In the event that your Contributions infringe any rights of any third party, you shall, at your own expense and at our discretion, either obtain the right to use such Contribution or render such Contribution free of any infringement.

26.    Linking To EventElephant Websites

You may link to EventElephant Websites via the home page only (or as otherwise agreed by us from time to time) provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
 
You must not establish a link from any website that is not owned by you.
 
EventElephant Websites must not be framed on any other site, nor may you create a link to any part of EventElephant Websites other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with our Content Standards (see section 23 above).

If you wish to make any use of material on EventElephant Websites other than that set out above, please address your request to webmaster@eventelephant.com.

27.    Links From EventElephant Websites

Where EventElephant Websites contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

28.    Payments

The terms set out in this section apply to all payments processed through EventElephant Websites.

a.    Credit Card Processing Delay. When you make a payment on EventElephant Websites you are providing an Authorisation to process your payment and complete the transaction. The payment will be held as pending until the credit card company e.g. VISA or Mastercard processes your payment. Some credit card companies may delay processing your payment. In such an instance, your Authorisation will remain valid for up to 30 days. If your payment requires a currency conversion, the amount of the exchange rate and any fees will be determined at the time we process your payment and complete the transaction.

b.    Sending Money in Multiple Currencies. If you send money in a currency other then Euro a currency conversion may be performed and you will be responsible for any applicable exchange rate difference and/or fees.

c.    Your Liability - Actions We May Take


i.    Actions by EventElephant. If we have reason to believe that you have engaged in any Restricted Activities, we may take various actions to protect us, a User, a third party, or you from Reversals, Chargebacks, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:


1.    We may close, suspend, or limit access to your Account, or EventElephant Websites;

2.    We may contact Event Attendees who have purchased goods or services from you, contact your bank or credit card issuer, and warn other Users, law enforcement authorities, or impacted third parties of your actions;

3.    We may update inaccurate information provided to us;

4.    We may refuse to provide services to you in the future;

5.    We may hold your funds for up to 180 days if we deem it is reasonably needed to protect us or you or third parties against the risk of liability; and/or

6.    We may take appropriate legal action.

 

d.    Review of Reports of Errors and/or Unauthorised Transactions. We will advise you of the results of any investigation carried out by us of any reports you make to us within 10 Business Days after we receive your notice. If we have made an error, we will correct it promptly. If we need more time we may take up to 45 days to investigate your complaint or question. At the end of our investigation, we will advise you of the results within 3 Business Days. If we determine that there was no error we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.


e.    Errors. If we discover a processing error, we will rectify the error as soon as practicable.

29.    Language Conflict

These Attendee Terms are in the English language. If these Attendee Terms are translated into any language other than English, the English language text shall prevail in the event of a conflict or difference between the English version and the translated version.

30.    Jurisdiction And Applicable Law

The Irish courts will have jurisdiction over any claim arising from, or related to, a visit to EventElephant Websites although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These Attendee Terms are governed by Irish law. Nothing in this section 30 will affect your statutory rights as a consumer.

31.    Trade Marks

EventElephant and the EventElephant logos are trade marks of EventElephant Limited.

32.    Notices

All notices given by you to us should be emailed to us at webmaster@eventelephant.com.  Subject to and as otherwise specified in these Attendee Terms we may give notice to you by posting the notice on the EventElephant Website or via the e-mail or postal address you provide to us during the registration process.

Notice will be deemed received and properly served immediately when posted on EventElephant Websites, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

33.    Waiver

If we fail to insist upon strict performance of any of your obligations under any of these Attendee Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under these Attendee Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of your obligations under these Attendee Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the paragraph on Notices above.

34.    Severability

If any of these Attendee Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

35.    Entire Agreement

These Attendee Terms and any other terms accepted by you in connection with your use of EventElephant Websites represent the entire agreement between you and us in relation to their subject matter and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.

Both you and us acknowledge that neither you nor us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between you and us except as expressly stated in these Attendee Terms.

36.    Your Concerns

If you have any concerns about material which appears on EventElephant Websites, please contact us at webmaster@eventelephant.com.
Thank you for using our site.

 


If you have any accessibility issues or problems, please contact us at webmaster@eventelephant.com.