Eventerprise Terms of Service
Please read these Terms of Service ("Terms") carefully. They are a binding legal contract between you as user, supplier or host ("YOU" or "YOUR") and Eventerprise Ltd., a company incorporated in Switzerland (with registered number CHE-365.845.004) whose registered office is at c/o Veriduna Treuhand AG, Stettbachstrasse 6, 8600 Dübendorf, Switzerland ("Eventerprise" or " we" or " our" or" us"), which govern YOUR use of www.eventerprise.com (the"Site"), Eventerprise's online listing platform for providers and hosts of event products and services and locations/venues ("Products/services/venues") and related services available via the Site.
In this document we refer to our services, technologies, mobile applications ("Apps") and Site collectively as the "Services" (this capitalised term only refers to services provided by us; the provider of any other services, as defined below as SUPPLIER, which are not provided by us are explicitly stated as such). For convenience, we also use the following defined terms:
means a person or company which completes the Eventerprise account registration process, as described below under "Eligibility and Account Registration", for the purpose of offering through Eventerprise Products/services/venues to a HOST (defined below) to purchase, employ, lease or reserve for business or personal use, or that offers through Eventerprise any other products or services to end users.
is a person or company that contacts, connects and/or interacts with and/or aims to employ or employs the services of a SUPPLIER through the Site.
refers to, as the case may be, to SUPPLIERS and/or HOSTS and/or any other person who visits our Sites.
By browsing, accessing and/or using our Services and Site, YOU agree to be bound to all of the terms and conditions described in these Terms without any reservations or restrictions. If YOU do not agree to all of these Terms, do not use our Services, browse or access our Site.
Please contact us at [email protected] with any questions regarding these Terms.
the services comprise an online platform through which suppliers may list their products/services/venues and hosts may learn about them. you understand and agree that eventerprise's services bring suppliers and hosts together; however, eventerprise is not a party to any agreements entered into between suppliers and hosts, nor is eventerprise a broker or agent or in any way biased towards any listed suppliers. eventerprise has no control over the conduct of hosts via these products/services/venues featured on, and disclaims all liability in this regard. you, as supplier and/or host, waive each and every claim against eventerprise arising directly or indirectly out of the relationship between you and the host(s) or supplier(s).
Agreement to these Terms
SUPPLIERS accept these terms by clicking on the “I AGREE” or “I ACCEPT” button, by accessing or using the services, by listing their services/product/venue via the services, or by posting any supplier content through the services. SUPPLIERS agree to be bound by these terms.
HOSTS accept these Terms by clicking on the “I AGREE” or “I ACCEPT” button, or by accessing or using the Services in any possible way.
If YOU agree to these Terms or YOU agree to these Terms on behalf of a company or another legal entity, YOU represent and warrant that YOU have the authority to bind that company or other legal entity to these Terms and, in that case, "YOU" and "YOUR" will refer and apply to that company or other legal entity. Notwithstanding the foregoing, the representation that YOU have the authority to bind the company or other legal entity shall be enforceable against YOU personally.
At some point, different areas of the Services and YOUR access to or use of certain Services or Content (defined below) may have different terms and conditions, or may require YOU to agree with and accept additional terms and conditions. If there is a conflict between these Terms and the terms posted for a specific area of the Services or Site Content (defined below), the latter terms and conditions will take precedence with respect to YOUR use of or access to that area of the Services or Site Content.
Changes we can make to these Terms
Eventerprise may, at its sole discretion, modify these Terms, at any time and without prior notice and consent by you. If we do so we will inform YOU either by posting the modified customer terms on the Site or through other communications. It is important that YOU review the new Terms whenever we revise them because if YOU continue to use the Services after we post modified Terms, YOUR continued use of the Services shall constitute YOUR agreement to be bound by the revised Terms. Because our Services are evolving, if the revised Terms are not acceptable to YOU, YOU must stop using the Services. We may change or discontinue all or part of the Services, at any time, without notice to YOU, at our sole discretion. We may also create limits related to use of the Service or parts of the Service, without notice or liability to YOU.
Eligibility and Account Registration
If YOU would like to use our Services to create a Listing (defined below) YOU must first register to create an account with Eventerprise ("Account") as a SUPPLIER or HOST. The Services are intended solely for businesses or persons who are 18 or older. Any access to or use of the Services by anyone under 18 is expressly prohibited. By accessing or using the Services YOU represent and warrant that YOU are 18 years old or older.
When creating an Account, YOU will be required to provide certain information and YOU will establish a username and a password. YOU agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. YOU can register directly through the Site or a social networking service we support ("SNS"). By using YOUR SNS account, YOU are allowing Eventerprise to access YOUR SNS account information and YOU are agreeing to abide by the applicable terms and conditions of YOUR SNS in YOUR use of the SERVICES via such SNS. We reserve the right to suspend or terminate YOUR Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that YOU create through the Services that violates these Terms. YOU are responsible for maintaining the confidentiality of YOUR password and Account, and agree to notify us if YOUR password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. YOU are responsible for activities that occur under YOUR Account.
For this section, "YOU" and "YOUR" shall refer only to the SUPPLIER.
As a SUPPLIER: In order to list YOUR Products/services/venues via the Services, YOU will be required to agree to a subscription term for each Product/service/venue according to which YOU list and pay the required SUPPLIER’S fee ("Subscription"). During the listing process, YOU will be asked a variety of questions about the Products/services/venues to be listed, including, but not limited to, the description, location, capacity, size, features, USP's, pricing and related financial terms. Any Products/services/venues which YOU list via the Services is referred to herein as a "Listing" and such Listing will be made publicly available via the Services. In the event that YOU create and/or modify a Listing with the assistance of an Eventerprise representative, YOU understand and agree that any assistance provided by Eventerprise is performed on YOUR behalf and at YOUR direction/discretion and that YOU are responsible for any and all information contained in YOUR Listings. YOU agree to keep the information in YOUR Listing up to date. For example, if the Products/services/venues change and are no longer available, YOU agree to update YOUR Listing accordingly. Please note that Eventerprise reserves the right, at any time and without prior notice nor your consent, to remove or disable access to any Listing that Eventerprise, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services and without any justification.
Agreements between SUPPLIER and HOST
YOU understand and agree that any transaction entered into as a result of YOUR use of the Services between a SUPPLIER and a HOST, whether oral or written, is between the SUPPLIER and the HOST only and Eventerprise is not a party thereto. YOU acknowledge and agree that YOU, and not Eventerprise, will be responsible for performing the obligations of any such agreement, and Eventerprise disclaims all liability arising from or related to any such agreement. YOU agree and acknowledge that Eventerprise does not own, sell, resell, furnish, provide, rent, re-rent, manage, host and/or control any Products/services/venues or any other properties; Eventerprise is not an agent for either the SUPPLIER or the HOST, and Eventerprise's role is solely to facilitate the availability of the Services for SUPPLIERS and HOSTS.
Bookings and Financial Terms
The Products/services/venues and the related financial terms are not negotiated or booked through the Service, but are negotiated and booked directly between the SUPPLIER and the HOST. We may send, however, in the event one party’s efforts to contact the other party (to do business) remain unanswered, a relevant text message or a message via other means of communication to the unreachable party in order to encourage a response. SUPPLIER and HOST herewith agree to this practice.
SUPPLIER'S Fees and Termination of Subscription
SUPPLIER’S fees will be invoiced to the SUPPLIER on a monthly or one-off basis. Fees will be based upon a monthly or yearly subscription term. A Subscription and the respective subscription terms shall automatically renew to the other party. Such termination notice may be given without cause. Eventerprise may terminate a Subscription without notice, with immediate effect, if the SUPPLIER violates the Terms. Termination of a Subscription does not terminate these Terms. Payments made in advance for any Subscription will not be refunded in any case of termination of Subscription.
Cancellations of Bookings
All cancellations of bookings shall be communicated directly between SUPPLIER and HOST. Eventerprise has no role or involvement in the cancellation of bookings. Eventerprise has no liability to either the SUPPLIER or HOST for any cancelled booking.
SUPPLIERS and HOSTS expressly release Eventerprise from any and all liability related to all Products/services/venues offerings. SUPPLIERS and HOSTS agree and acknowledge that Eventerprise is not responsible for resolving any disputes between SUPPLIERS and HOSTS, whether related to a booking cancellation, or otherwise, or processing any changes to or cancellations of bookings, and that Eventerprise disclaims any and all liability in this regard.
Content through Eventerprise’s Services
Subject to YOUR compliance with the terms and conditions of these Terms, Eventerprise grants YOU a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view, download and print any Eventerprise Content solely for YOUR personal and non-commercial purposes or YOUR internal business purposes.
YOU will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Site Content, except as expressly permitted in these Terms. No licenses or rights are granted to YOU by implication or otherwise under any intellectual property rights owned or controlled by Eventerprise or its licensors, except for the licenses and rights expressly granted in these Terms.
For this paragraph, "YOU" and "YOUR" shall refer only to the HOST.
YOU agree that YOU are solely responsible for all YOUR HOST Content. YOU represent and warrant that:
- YOU own the HOST Content that YOU provide through the Services;
- YOU have all rights, licenses, consents and releases, express or implied, necessary to use the Services and to grant to Eventerprise the rights in the HOST Content YOU provide via the Services; and
- YOUR HOST Content will not infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
For this paragraph, "YOU" and "YOUR" shall refer only to the SUPPLIERS.
We permit SUPPLIERS to post, upload, publish, submit or transmit SUPPLIER Content. By making available any SUPPLIER Content through the Services, YOU hereby grant to Eventerprise a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify for formatting purposes or compliance with these Terms, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such SUPPLIER Content in connection with the Services, including for promotion of the Services, directly or indirectly by intermediaries, and to authorize others to do the same.
YOU agree that YOU are solely responsible for all YOUR SUPPLIER Content. YOU represent and warrant that:
- YOU own the SUPPLIER Content that YOU provide through the Services;
- YOU have all rights, licenses, consents and releases necessary to use the Services and to grant to Eventerprise the rights in the SUPPLIER Content YOU provide via the Services;
- YOUR use of, and YOUR authorization of Eventerprise's use of the SUPPLIER Content YOU provide via the Services will not infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; and YOU will not post any such images and/or any such kind of text and/or credits, third-party names, etc. without their explicit authorisation; and
- YOU authorize Eventerprise to alter any images so that they are in compliance with these Terms; however, Eventerprise is under no obligation to do so and an omission of Eventerprise to do so shall not relieve SUPPLIER of any liability related to the posting of images in violation of these Terms.
Intellectual property laws protect the Services and Eventerprise Content. Except as expressly provided in these Terms, Eventerprise and its licensors own all rights in the Services and Eventerprise Content. Eventerprise has no ownership rights in HOST and SUPPLIER Content. YOU must not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Site Content. YOU agree that YOU have no right to, or title in or to, any Site Content (except for the HOST or SUPPLIER Content that YOU provide) or any other attributes associated with YOUR Account.
Please see Eventerprise's SERVICE AGREEMENT at Advertising Service Agreement for further information.
- Post, upload, publish, submit or transmit any Content that:
- Infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
- Violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- Is fraudulent, false, misleading or deceptive;
- Is defamatory, obscene, pornographic, vulgar or offensive;
- Promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
- Is violent or threatening or promotes violence or actions that are threatening to any other person; or
- Promotes illegal or harmful activities or substances.
- Use, display, mirror or frame the Site, or any individual element within the Services, Eventerprise's name, any Eventerprise trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Eventerprise's express written consent;
- Access, tamper with, or use non-public areas of the Services, Eventerprise's computer systems, or the technical delivery systems of Eventerprise's providers;
- Attempt to probe, scan, or test the vulnerability of any Eventerprise system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Eventerprise or any of Eventerprise's providers or any other third party (including another SUPPLIER or HOST) to protect the Services or Site Content;
- Attempt to access or search the Site or Site Content or download Site Content from the Site through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Eventerprise or other generally available third party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing an Eventerprise trademark, logo URL or product name without Eventerprise's express written consent;
- Use the Services or Site Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
- Forge any Transmission Control Protocol/Internet Protocol (TCP/IP) packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Site Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Site Content;
- Interfere with, or attempt to interfere with, the access of any SUPPLIERS, HOSTS, any other user or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Collect or store any personally identifiable information from the Services from other SUPPLIERS or HOSTS of the Services without their express permission;
- Impersonate or misrepresent YOUR affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
Eventerprise respects copyright law and SUPPLIERS and HOSTS shall do the same. Eventerprise has adopted and implemented a policy that provides for the termination in appropriate circumstances of registered SUPPLIERS, HOSTS or other account holders who repeatedly infringe the rights of copyright holders.
Links to Third Party Sites
The Services may include links to other sites and services that are not operated by us. We are providing these links to YOU only as a convenience and are not responsible for the content or links displayed on such sites. YOU are responsible for and assume all risk arising from YOUR use or reliance of any third party sites.
Account Cancellation and Termination
If YOU breach any of these Terms, we have the right to suspend or disable YOUR access to, or use of, the Services and/or YOUR Account. In this case, YOU will remain liable for all amounts due under these Terms.
As outlined above in "SUPPLIER Fees and Termination of Subscription" subject to these Terms and, in the case of a SUPPLIER, subject to the terms of any subscription agreement the SUPPLIER enters into, YOUR ability to cancel YOUR subscription will be dependent upon YOUR cancellation of the subscription via YOUR Eventerprise account dashboard within the relevant time period before YOUR subscription’s automatic renewal.
As stated above under "Changes We Can Make to these Terms", we may change or discontinue all or part of the Services, at any time, without notice to YOU, at our sole discretion.
Eventerprise does not attempt to endorse, and does not endorse any HOST or any SUPPLIER of the Services or Listings. In addition, we do not attempt to confirm, and do not confirm, any HOST’S or SUPPLIER’S purported identity. YOU are responsible for determining the identity and suitability of others who YOU contact via the Services. We will not be responsible for any damage or harm resulting from YOUR interactions with other HOSTS of the Services. By using the Services, YOU agree that any legal remedy or liability that YOU seek to obtain for actions or omissions of other HOSTS or other third parties will be limited to a claim against the particular HOSTS or other third parties who caused YOU harm. YOU agree not to attempt to impose liability on, or seek any legal remedy from Eventerprise.
YOU understand and agree that the Services are provided to YOU "as is" and on an "as available" basis only. Without limiting the foregoing, Eventerprise explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement, and any warranties arising out of the course of dealing or usage of trade.
Eventerprise makes no warranty that the Services or Site Content will meet YOUR requirements and expectations or be available on an uninterrupted, secure, or error-free basis. Eventerprise makes no warranty regarding the quality of any Services or Site Content or the accuracy, timeliness, truthfulness, completeness or reliability of any Site Content obtained through the Services.
YOU are solely responsible for all of YOUR communications and interactions with SUPPLIERS and/or HOSTS of the Services, and with other persons with whom YOU communicate or interact as a result of YOUR use of the Services, including, but not limited to, any HOSTS which are making booking inquiries of Products/services/venues YOU own or control. YOU understand that Eventerprise does not screen or inquire into the background of any SUPPLIERS or HOSTS of the Services, nor does Eventerprise make any attempt to verify the statements of SUPPLIERS or HOSTS of the Services. Eventerprise makes no representations or warranties as to the conduct of SUPPLIERS or HOSTS of the Services. YOU agree to take reasonable precautions in all communications and interactions with SUPPLIERS and HOSTS of the Services, and with other persons with whom YOU communicate or interact as a result of YOUR use of the Services, particularly if YOU decide to communicate via other means than the Services or to meet in person.
YOU agree to indemnify and hold harmless Eventerprise and its officers, directors, employees agents, consultants, service providers and other associated persons and affiliated entities, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defence of litigation by third parties), arising out of, or in any way connected with
- YOUR violation of these Terms;
- YOUR access to or use of the Services or Site Content;
- YOUR SUPPLIER Content or Host Content, as applicable; and
- YOUR interaction with any SUPPLIER or HOST, as applicable, including, but not limited to,
- any condition caused by events beyond Eventerprise’s control that may cause damage to a SUPPLIER’S Products/services/venues and/or SUPPLIERS’ employees; and
- any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a booking or use of SUPPLIER’S Products/services/venues or SUPPLIERS’ employees, or a SUPPLIER Listing of Products/services/venues via the Services.
Limitation of Liability
you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the services and site content, and any bookings of products/services/venues via the services, remains with you.
Neither Eventerprise, nor any other party involved in creating, producing or delivering the Services or Site content will be liable for any direct or indirect damages, including, but not limited to, incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure, or the cost of substitute products or services, or for any damages for personal or physical injury or emotional distress, or property damage arising out of or in connection with these Terms, or from the use of or inability to use the Services or site content, or from any communications, interactions or meetings with SUPPLIERS or HOSTS of the Services, or other persons with whom YOU communicate or interact as a result of YOUR use of the Services, or the use of a Products/services/venues where a booking was made via the Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Eventerprise has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
In no event, to the extent permitted by law, will Eventerprise aggregate liability arising out of or in connection with
- These Terms;
- The use of or inability to use the Services, or Site Content;
- The offering of any Products/services/venues through the Services; or
- The use of any Products/services/venues by a HOST of the Services.
Swiss Law governs these Terms and any disputes related to these Terms and/or to YOUR use of the Services, Site Content, and/or the Listings and/or bookings made via the Services will be governed by the laws of Switzerland without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods (CISG) will not apply in any way to these Terms or to the transactions contemplated by these Terms.
These Terms and any disputes related to them or YOUR use of the Services, Site Content, and/or the Listings and/or bookings made via the Services, or any action to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights ("IP Disputes") are, to the extent permitted by law, subject to the exclusive jurisdiction at the place of the registered offices of Eventerprise, currently in Dübendorf, Switzerland, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
YOU agree to accept service of legal process at the addresses YOU may provide to us when YOU use or subscribe to our Site and/or Services.
Waiver of Class Action
YOU acknowledge and agree that YOU and Eventerprise are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding.
These Terms constitute the entire and exclusive understanding and agreement between Eventerprise and YOU regarding the Services and Site Content, and any Listings or bookings made via the Services, and supersede and replace any and all prior oral or written understandings or agreements between Eventerprise and YOU regarding the Services and Site Content, and any Listings and bookings made via the Services.
YOU may not assign or transfer these Terms, by operation of law or otherwise, without Eventerprise's prior consent. Any attempt by YOU to assign or transfer these Terms, without such consent, will be null and of no effect. Eventerprise may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Eventerprise, as determined by Eventerprise in its sole and absolute discretion, (i) via email (in each case to the address that YOU provide) or (ii) by posting through the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
We welcome feedback, comments and suggestions for improvements to the Services ("Feedback") and YOU can submit Feedback by emailing us at [email protected] YOU grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that YOU own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
The omission of Eventerprise to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Eventerprise. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. Except as otherwise expressly provided herein, if for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If YOU have any questions about these Terms, please contact us at [email protected].