Invajo – General Terms and Conditions
Last revised: 2018-05-24
- Welcome to Invajo! These General Terms and Conditions (“Terms”) explain the terms that govern your use and access to our booking and event platform available through our mobile applications, websites and services which enables you to create, discover, share and book events (”Service”).
- Invajo’s platform, websites and domains, including www.invajo.com, and any other webpages, subdomains, country level domain variants that link or refer to these Terms (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, (collectively, the “Applications”) are offered, maintained and provided by Invajo. We refer to all of these as our “Services.”
- The Service is operated by Invajo International AB, a company incorporated under Swedish law whose principal place of business is at Grev Turegatan 30, 114 38 Stockholm and firstname.lastname@example.org.
- To use the Service, you must be at least 13 years of age, and/or legally capable of entering into contracts, and you must agree to be bound by these Terms.
- Through the Services, Invajo provides a simple and quick means for registered users who are event Organizers and/or event administrators (“Organizers”) to create event registration by including the relevant information related to the event, e.g. event information, booking info, prices, and other web pages related to their events, to promote those pages and events to visitors or browsers of the Services and to get free or paid bookings, solicit donations and sell merchandise related to those events to users who wish to make bookings, purchases or donations from or to such events (including to free events) (“Attendees”). We refer to Organizers, Attendees and other visitors and browsers of the Services collectively as “Users” or “you.”
- You agree to these Terms and you enter into a legally binding contract with Invajo either when you sign up for an account or make a booking to an event.
- If you have not signed up for an account or made a booking, in accordance with 1.6., you agree to these Terms of Service and you enter into a binding contract with Invajo by downloading Applications or using, accessing or browsing any part of the Services. If you do not agree to any portion of these Terms of Service, do not use or access the Services. If you will be using the Services on behalf of an entity, you agree to these Terms of Service on behalf of that entity and its affiliates and you represent that you have the authority to do so. In such case, “you” and “your” will refer to that entity. If you do not have such authority, or if you do not agree to any portion of these Terms of Service, do not use or access the Services.
- Your use of the Services
- The Services: Invajo hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited right to access and use the Services solely for purposes of (a) browsing the services and searching for, viewing, and make bookings to an event in the Services, and/or (b) if you are an Organizer, creating events, setting up booking and event pages, managing bookings and Attendees, creating other webpages with respect to, and promoting, managing, tracking and collecting bookings for an event, in each case (i) in compliance with these Terms and (ii) to the extent permitted by law.
- You may not copy, modify, distribute, sell or lease any part of the Site, Application and Services. To the extent permitted by law, you may not reverse engineer or attempt to extract the source code of the Site, Application and Services. You may only access the Site, Application and Services through the interfaces that we provide, and you may not “scrape” the Site, Application and Services through automated means or “frame” any part of our Site, Application and Services
- Invajo may provide you with the right to use a sub-domain within the Site (e.g., [sub-domain prefix].invajo.com) for a given event. All such sub-domains are the sole property of Invajo and we reserve the right to determine the appearance, design, functionality and all other aspects of such sub-domains. In the event Invajo provides you with a sub-domain, your right to use such sub-domain will continue only for so long as your event is actively selling on the Services and you are in compliance with these Terms. If Invajo terminates your right to use a sub-domain for any other reason, it will provide you with a new sub-domain.
- Your account
- You may use some of our Service, e.g. by browsing events, without creating an account with us. However, to access certain features or functions of the Services, we may require you to create an account with Invajo. When creating an account, you acknowledge and agree to the following rules.
- Any and all information you provide about yourself and/or the entity you represent shall be true, accurate, current and complete.
- In case of a dispute between two or more persons or entities regarding the ownership of an account, Invajo shall be the sole arbitrator and authority of that dispute, and Invajo’s decision on the matter (including, but not limited to, termination or suspension or the account) shall be final and binding on the parties involved.
- When using the Services on behalf of a company or other entity, you ensure us that you have the authority to legally bind that entity and grant Invajo all permissions and licenses provided in these Terms.
- You shall choose a strong password, and you shall not share this password with anyone else or let anyone else access your account.
- You shall immediately notify Invajo in case of any unauthorised use of your account, or any other security breach, and Invajo will hold you responsible for any activities occurring under your account.
- Invajo’s role
- We at Invajo provide a Service for Organizers to create and manage events, bookings and Attendees, by offering a platform where Organizers may, without limitation, market and promote their events, as well as manage invitations, Attendees, bookings, ticketing, payments and donations. Invajo is not the creator or owner of any of the events listed on the Services, unless otherwise specifically stated.
- Invajo does not choose the venue, the price, the ticketing, the payment method or anything else concerning the actual events. Any questions about specific events shall be directed to the Organizer of said event.
- An Organizer may decide for themselves whether a booking or other service or product will be free of charge or if a cost will apply (“payable event”). For payable events the Organizer shall determine payment attributes such as the price, currency, VAT and the number of available tickets/seats.
- Invajo will provide multiple payment methods in the Service. Invajo will charge a fee related to every ticket (or product, service, donation) sold by Organizer using the Service. The price is related to ticket price and might vary over time but the price is always presented in the Service when you use the Service and manage your event. By accepting these Terms, you also accept all fees related to payable events. Which also includes additional fees that might occur due to refunds, charge backs, fraud, currency exchanges etc.
- To prevent any fraud and add extra safety for an Attendee, payments are released to the Organizer after the event date has passed, normally five working days. In the exceptions of normal payout schedule, the Organizer is still fully responsible towards the Attendee.
- As an Attendee, you can never make a claim towards Invajo for any damage, loss of income or other direct and/or indirect costs related to your tickets and bookings made when using the Service.
- The release of the payout amount is managed by the payment provider.
- The Organizer is responsible to manage all kind of refunds to their Attendees. If an event, or a specific ticket, is cancelled by the Organizer, the Organizer is fully responsible for taking immediate and clear actions regarding information and refunds towards the Attendees.
- You give Invajo the right to withhold any amount of the payout if Invajo need to take action towards prevention of fraud or any other form of criminal actions from you or other when using the Service.
Organizers own Terms
- Communication tools
- Invajo may, to you as an Organizer, make available certain features that allow you to contact Attendees, other users of the Services, or third parties, via our communication tools. If you use our communication tools, you agree to the following rules.
- You shall have the right and authority to communicate to the addresses on your recipient list, for example by sending messages.
- The contact information addresses to which you send your messages were gathered in accordance with applicable marketing regulations in the recipient's country of residence.
- You shall send and manage our communication tools in compliance with all applicable local, state, provincial, national and other laws, rules and regulations, including those relating to spam and email, such as the U.S. CAN-SPAM Act, the Canadian CASL, the EU GDPR, the EU e-privacy directive, and any other applicable laws, rules or regulations.
- You shall only use our communication tool to manage, advertise and/or promote the event of which you are the Organizer.
- You shall not use misleading, confusing or incorrect headings in the subject lines of any communication sent using our tools; nor shall any content of messages be misleading, confusing or untrue.
- You shall include a clear and easily accessible unsubscribe link in every message where one is required, and you will not send any messages to any recipient who has unsubscribed from your mailing list.
- You shall without delay respond to Attendees who contact you about questions or preferences about the event, your email correspondence, or any other part of the services you provide and/or offer.
- All use of the communication tools shall be in compliance with these Terms.
- You agree that all material, including without limitation information, data, text, editorial content, design elements, look and feel, formatting, graphics, images, photographs, videos, music, sounds and other content (collectively, “Content”), contained in or delivered via the Services or otherwise made available by Invajo in connection with the Services (collectively, “Site Content”) is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws.
- Invajo may own the Site Content or portions of the Site Content may be made available to Invajo through arrangements with third parties. The compilation of all Site Content included in or made available through the Services is the exclusive property of Invajo and is protected by copyright laws.
- Except as expressly authorized by Invajo in writing or in connection with your permitted use of the intended functionality of the Services, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Site Content, or post any Site Content on any other website or in a networked computer environment for any purpose.
- You shall use the Site Content only for purposes that are permitted by these Terms and any applicable law. Any rights not expressly granted herein are reserved.
- We are constantly improving and tweaking our products. We may introduce new features, change existing features, or remove features from the Site, Application and Services at any time and without notice.
- Some parts of the Site, Application and Services may allow you to upload or submit content such as text, images, video, ideas, concepts, lists and other materials. You retain all rights in any content you upload or submit, and you are responsible for that content. In order for us to be able to provide you with the Site, Application and Services, you grant us a non-exclusive, royalty-free, worldwide, transferable, sub-licensable license to use, store, publicly display, publicly perform, reproduce, modify, create derivative works from, and distribute any such content for the purposes of operating, providing, improving and marketing the Site, Application and Services.
- By agreeing to these Terms, you acknowledge that we may use your uploaded images of your items for marketing purposes, including but not limited to, create banners showing events offered on the Services on websites and applications within the Invajo group or its affiliates. To the extent permitted by applicable law, the grant shall also include your moral rights to your content.
- Additional Services
- Invajo may provide additional services to you beyond the basic functionality of the Service, subject to additional terms. All additional services shall be deemed a part of the Service and subject to the terms and conditions of these Terms.
- The price is stated before the purchase and in connection with the current product. The payment method will vary depending of the type of User account.
- Changes to these Terms
- As the Service and our business may change from time to time, these Terms are expected to change as well. We reserve the right to amend these Terms at any time, for any reason, without notice to you other than the posting of the amended Terms at our website, if the change is made in order to improve and clarify the Terms and not change any meaning or purpose. Material changes will come with a 14 day notice and require your action to accept such change or stop using the Service. Where required by law, Invajo may provide you with additional notice of such updates.
- Please review these Terms periodically. These Terms were updated on the date indicated above. Your continued use of the Services following the effectiveness of any updates to these Terms constitutes acceptance of those updates. If any updates to these Terms is not acceptable to you, you should cease accessing, browsing and otherwise using the Services.
- You should check our website frequently to see our existing Terms that are in effect and any changes that may have been made to them.
- Third Party Services
- The Services may provide, or users may provide, links to other Internet websites or resources. Because Invajo has no control over such websites and resources, you acknowledge and agree that Invajo 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 Invajo partners or third party service providers
- Privacy Information
- Service provided as is
- The Site, Application and Services is provided ‘as is’ without warranty of any kind and your use of the Site, Application and Services is solely your responsibility. We do not grant any warranties, express or implied or otherwise, as to the accessibility, quality, fitness for any particular purpose, suitability or accuracy of the Site, Application and Services. We advise you not to trust the accuracy of the Site, Application and Services and expressly disclaim all liability regarding the functionality of the Site, Application and Services.
- There may be situations when the Site, Application and Services will not be accessible, including but not limited to necessary maintenance and circumstances outside our control, for which we shall never be liable.
- Furthermore, we reserve the right at any time to modify, discontinue, temporarily or permanently cease providing the Site, Application and Services without prior notice at any time on our own discretion, or if required by law or decision by an authority. you agree that we shall not be liable to you or to any third party for such modification, suspension or discontinuance.
- Limitation of liability
- Invajo is not liable for any direct nor indirect loss suffered by you, unless Invajo has been found guilty of gross negligence. This limitation of liability includes, but is not limited to, loss of production, data or sales, loss of profit and cost of capital. Invajo´s liability under this section shall, under no circumstances exceed the aggregated amount of Fees paid by you to Invajo during the three-month period immediately preceding the event that gave rise to your claim for damages.
- Invajo is under no circumstances liable for any loss or damages of any kind that are directly or indirectly related to:
(i) the Site, Application and Services;
(ii) use and interpretation of information presented in the Site, Application and Services,
(iii) the content of the Site, Application and Services;
(iv) your use of, or inability to use or the performance of the Site, Application and Services;
(v) matters of payment and the chosen payment method of your purchase;
(vi) the postal service supplier of your purchase;
(vii) any loss of information, data or your content;
(viii) loss of production or sales, loss of profit and cost of capital or;
(ix) any action taken in connection with copyright or other intellectual property owners.
- Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. In these jurisdictions, Invajo’s liability will be limited to the greatest extent permitted by law.
- You will indemnify and hold Invajo (and its officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any and all damages, claims, demands, losses, liabilities and expenses, including reasonable attorneys' fees made by any third party, due to or arising out of your breach of these Terms or a dispute concerning these Terms, our policies, or your violation of any law or the rights of a third party.
- You can stop using the Site, Application and Services at any time and without notice to us. We may terminate the access to you or other users or stop offering the Services at any time without notice. In the event of termination, provisions of confidentiality, liability and indemnity shall survive and continue to apply to you.
- Invajo may terminate your account as well as your right to use the Services at any time, without prior notice to you, if you violate or breach these Terms, misuse the Services, or if your use of the Services in any way violates any applicable laws, rules and/or regulations.
- Entire agreement and severability
- These Terms, subject to any amendments, modifications, or additional agreements you enter into with Invajo, shall constitute the entire agreement between you and Invajo with respect to the Site, Application and Services and any use of the Site, Application and Services.
- If any provision of these Terms is found to be held invalid by a court competent jurisdiction, that provision will be limited to the minimum extent necessary and the remaining provisions will remain in full force and effect.
- Assignment and sale of business
- Consumer rights
- When using the Services as an individual for purposes wholly or mainly outside of your trade, business, craft or profession, you have additional rights as a consumer. This applies only to Organizers that are natural persons acting for their own personal and non-commercial purposes.
- Refunds and consumer rights. Because all transactions are between an Organizer and its respective attendees, Invajo asks that all Users that are consumers contact the applicable Organizer of their event with any refund requests and excising your rights as a consumer.
- As a consumer located in the European Economic Area ("EEA"), Switzerland and the United Kingdom (together the “EU”) you also have several rights, which you can read about here: https://ec.europa.eu/info/policies/consumers/consumer-protection_en.
- Invajo is a global company, and we strive to offer our Services to Organizers and Attendees all over the world. Certain additional provisions may be applicable to our users from certain parts of the world.
- For Organizers – Data Processing Agreement
- If you are a representative for a legal person located in the EU and use the Service, your Organization is a data controller with respect to the personal data of the Attendees of your events. In these circumstances Invajo will act as a data processor in relation to certain data processing operations. For this reason, whenever an Organizer creates events and manages invitations, bookings and Attendees , the following Data Processing Agreement [a] shall apply.
- Governing law and dispute resolution
- Please note that all transactions are between an Organizer and its respective attendees, Invajo asks that all Users that are consumers contact the applicable Organizer of their event with any refund requests and excising your rights. Invajo expressly points out that any terms in regards of events organized by Organizers constitute contracts between the users, in which Invajo does not take part and shall not be legally bound to such agreements.
- If you have claims arising from your use of our Service, these Terms shall be governed by and construed in accordance with Swedish laws, without regard to its conflict of law rules and excluding the UN Convention of International Sale of Goods. Any dispute, controversy or claim arising out of or in connection with these Terms or your use of the Service, or the breach, termination or invalidity thereof, shall be finally settled by Swedish courts of general jurisdiction, unless otherwise provided by mandatory law.
- With a view to reaching an out-of-court settlement between our users and Invajo, a consumer user my contact the online platform provided by the EU. The so called ADR-platform is available here: http://ec.europa.eu/consumers/odr/.
- If you have any questions, complaints or comments about the Services you may contact us at: email@example.com
- We welcome and encourage any feedback, comments and/or suggestions for improvements to the Services ("Feedback"). Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish the ideas and materials you have provided in your Feedback, for any purpose, without compensation to you.