TERMS AND CONDITIONS FOR ALL USERS OF EVENTELEPHANT
To download a PDF version of these Terms and Conditions
click here.
1. Introduction
These are the terms and conditions (as amended from time to time) governing use of this
website and the agreement that operates between us and you (the “Terms”). These Terms set out the rights and
obligations of all users (“you”/”your”) and those of EventElephant Limited (“us”/”
our”/”we”) in relation to your use of 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”). Please carefully read these Terms and our Privacy Statement. By using EventElephant
Websites you are consenting to be bound by the then current Terms and our Privacy Statement. If you
register as an Event Organiser and/or an Event Attendee you may also be required to abide by our Organiser Terms and/or our Attendee
Terms. If you do not agree to the Terms or the Privacy Statement please refrain from using EventElephant Websites.
We may revise the Terms and information
contained on EventElephant Websites at any time and without notice. Each time you use EventElephant Websites you will be bound by the
then current Terms and our Privacy Statement and you should review these each time you access and use EventElephant Websites to satisfy
yourself that you are happy with them.
2. Definitions
In these Terms the following terms shall
have the meanings set out below:
2.1 “Events” events organised by Event Organisers and which are
facilitated by us through EventElephant Websites.
2.2 “Event
Attendee” means a User who registers on an EventElephant Website to attend an Event.
2.3 “Event Organiser” means a User who registers on an EventElephant Website to organise an
Event.
2.4 “User” means any user of
EventElephant Websites including Event Organisers and Event Attendees.
3. Information about Us
If you have any questions about the 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. 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
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 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.
5. 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
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.
6. Fees - YOUR ATTENTION IS DRAWN TO THIS
CONDITION
For personal events, we do not charge you for the use of EventElephant Services unless you decide to charge an attendance fee to Event Attendees to attend an Event and you utilise our Events payment service (see section 9 below). In this case, we charge fees to Event Organisers in respect of different EventElephant Services and these are published on EventElephant Websites or otherwise notified to you from time to time.
It is your responsibility as Event Organiser to determine the price for Tickets for your Ticketed Event. You can elect whether the additional fees payable to us are included within the base price or otherwise.
All applicable fees are due to us even if an Event is cancelled or postponed and are charged in the currency from where the booking is made.
7. Use by minors & User
identity
The use of EventElephant Websites
by minors under the age of 16 is subject to the consent of their parent or guardian. We advise parents, guardians or other responsible
adults who permit children to use the Internet that it is important that they communicate with children about their safety online.
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.
8. 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.
9. Our liability – YOUR ATTENTION IS DRAWN TO THIS
CONDITION
9.1 The material displayed on EventElephant Websites is provided “as is” and without any
guarantees, conditions or warranties as to its accuracy.
9.2 To the extent
permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
9.2.1 all conditions, warranties and other terms
which might otherwise be implied by statute, common law or the law of equity;
9.2.2 any liability for loss or damage incurred by any User 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; and
9.2.3 any liability for any direct, special, indirect or consequential loss or damage incurred by any
User 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.
9.3 Nothing in this section 9
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.
10. Information about you and your visits to EventElephant Websites
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.
11. 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 16 below). You warrant that any such contribution does comply with all applicable
laws and with our Content Standards (see section 16 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 16 below).
12. 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.
13. Restricted uses
You may use EventElephant Websites only for lawful purposes. You may not use
EventElephant Websites:
13.1 In any way that breaches any applicable local, national or international law or
regulation.
13.2 In any way that is unlawful or fraudulent, or has any unlawful or
fraudulent purpose or effect.
13.3 For the purpose of harming or attempting to
harm minors in any way.
13.4 To send, upload, download, use, re-use or knowingly
receive any material which does not comply with our Content Standards (see section 16 below).
13.5 To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any
other form of similar solicitation (spam).
13.6 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:
13.7 Not to reproduce, duplicate, copy or re-sell
any part of any EventElephant Websites in contravention of the provisions of these Terms.
13.8 Not to access without authority, interfere with, damage or disrupt:
13.8.1 any part of any EventElephant Website;
13.8.2 any equipment or network on which EventElephant Websites are stored;
13.8.3 any software used in the provision of EventElephant Websites; or
13.8.4 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 Terms by emailing us at webmaster@eventelephant.com.
14. Offline conduct
Although we cannot monitor your conduct off EventElephant Websites, it is also a violation of these 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.
15. 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 16 below), whether the service is moderated or not.
16. 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:
16.1 Be accurate (where they state facts);
16.2 Be genuinely held (where they
state opinions); and
16.3 Comply with applicable law in any country from which they are posted.
Contributions must not:
16.4 Contain any material which is
defamatory of any person;
16.5 Breach the data protection or privacy rights of any person;
16.6 Contain any material which is obscene, offensive,
hateful or inflammatory;
16.7 Promote sexually explicit material;
16.8 Promote violence;
16.9 Promote discrimination based on race, sex, religion,
nationality, disability, sexual orientation or age;
16.10 Infringe any patent, copyright, database right, trade mark or other intellectual
property right of any other person;
16.11 Be likely to deceive any person;
16.12 Be made in breach of any legal duty owed to a third
party, such as a contractual duty or a duty of confidence;
16.13 Promote any illegal
activity;
16.14 Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless
anxiety;
16.15 Be likely to harass, upset, embarrass, alarm or annoy any other person;
16.16 Be used to impersonate any
person, or to misrepresent your identity or affiliation with any person;
16.17 Give the impression that they emanate from us, if this
is not the case; or
16.18 Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer
misuse.
17. Suspension And Termination
17.1 Termination By
Us
We
will determine, in our discretion, whether there has been a breach of the Global Terms through your use of EventElephant Websites. When
a breach of the Global Terms has occurred, we may take such action as we deem appropriate.
Failure to comply with the Global
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:
17.1.1 Immediate, temporary or permanent withdrawal of your right to use EventElephant
Websites.
17.1.2 Refusal to publish or post, or immediate, temporary or permanent removal of any posting or material
uploaded by you to EventElephant Websites.
17.1.3 Issue of a warning to
you.
17.1.4 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.
17.1.5 Further legal
action against you.
17.1.6 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 Global Terms. The responses described in the Global Terms
are not limited, and we may take any other action we reasonably deem appropriate.
18. 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 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.
19. 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 16 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.
20. 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.
21. Language Conflict
These Terms are in the English language. If these 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.
22. 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 Terms are governed by Irish law. Nothing in this section 22 will affect your
statutory rights as a consumer.
23. Trade Marks
EventElephant and the EventElephant logos are trade marks of EventElephant
Limited.
24. Variations
We may revise these Terms at any time by amending this page. You are
expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions
contained in these Terms may also be superseded by provisions or notices published elsewhere on EventElephant
Websites.
25. Waiver
If we fail to insist upon strict performance of any of your obligations under any of these Terms, or if
we fail to exercise any of the rights or remedies to which we are entitled under these 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 Terms shall be effective unless it is expressly
stated to be a waiver and is communicated to you in writing.
26. Severability
If any of these 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.
27. Entire
Agreement
These 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 Terms.
28. Your Concerns
If you have any concerns about material which appears on EventElephant Websites, please
contact us at webmaster@eventelephant.com.
Thank you for visiting our site.
If you have any accessibility issues or problems, please contact us at
webmaster@eventelephant.com.