Term of Service for Event Promoters
PLEASE CAREFULLY READ THIS AGREEMENT WHICH CONTAINS THE TERMS AND CONDITIONS UNDER WHICH YOU, AS A PROMOTER of AN EVENT (AS DEFINED BELOW) MAY SIGN UP FOR THE CONNECTION55 SERVICE WHICH FACILITATES custom event creation (the “CONECTION55 Service”). IN ORDER TO use the CONNECTION55 service YOU MUST AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU WILL NOT BE ELIGIBLE TO REGISTER your event FOR THE CONNECTION55 SERVICE.
IN PARTICULAR, EVENT PROMOTER SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE DESTINATION COUNTRIES. CERTAIN COUNTRIES HAVE RESTRICTIONS ON TRAVEL COMPANIES. EVENT PROMOTERS SHOULD REVIEW LOCAL LAWS BEFORE LISTING THEIR INTERNATIONAL DELEGATION ON CONNECTION55 AND USING CONNECTION55 TO COLLECT PAYMENTS.
Information about us
Connection55.com and any of their sub-domains is a site operated by Connection55 which is the trading name of FLASHBALANCE UNIPESSOAL LDA ("We"). We are registered in Portugal under company number 514647493 and have our registered office at 100, Coelho da Rocha St, Lisbon, 1350-079. Our VAT number is 218608632.
In addition, when using certain features of the Services, you also will be subject to the guidelines, terms, and agreements applicable to such features ("Policies"). All such Policies are incorporated by reference into these Terms. If these Terms are inconsistent with any Policy, the Terms will control.
We reserve the right to modify the Services and these Terms and/or Policies at any time. If we modify these Terms, we will post the modification on the Site or via the Application and/or provide you notice of the modification by email. Changes to the Terms will be effective at the time of posting.
You are responsible for regularly reviewing these Terms. By using the Services, you agree that the posting of new or revised Terms or Policies on the Site will constitute adequate and constructive notice to you of any and all revisions and changes. Continued use of the Services after any such changes or after explicitly accepting the new terms upon logging into the Site shall constitute your consent to such changes and you agree to be bound by them as of the date of the modification.
“Event” means an event or travel package advertised through the Site which You have submitted pursuant to those terms outlined in Section 3 below.
“Event Promoter” means you as the promoter of the Event.
“Site” means the website located at www.connection55.com through which the CONNECTION55 Service is provided and operated.
“Supporter” means a person who purchases or otherwise registers for tickets for Events through the Service.
How the CONNECTION55 Service Works
The Connection55 Service operates by having You first register for an account on the Site, and then list Your Event or Travel Package or Business Program on the Site. If You create an Event, Supporters will be able to purchase tickets for Your Event, using the payment processing described in Section 3. If the Event is cancelled, Supporters whose credit cards were charged will receive a refund pursuant to Section 8.
You must register with Connection55 in order to use the Connection55 Service. The following three (3) steps must be completed in order for an event to become registered:
1. Create an Account.
To use the Connection55 Service, You must visit the Site and provide the following information: your full name or company name, mailing address, telephone number, main contact email address (which will be your account login) and create a password. Connection55 will use Your registration information solely in connection with providing the Connection55 Service, including sending you notifications as required from time to time. Connection55 does not sell Supporter lists and will not disclose Your registration information unless required to do so by law.
2. Accept These Terms and Conditions.
In order to activate Your registration of any event, You must click accept that you have read and agreed to these Terms and Conditions. If You fail to agree to these Terms you will not be able to create an Event or promote it on the Site.
3. Submit Your Event for Registration.
To register a specific event for the Connection55 Service, once You have created an account, You must click the “Add Event” button under your profile page, which will create a unique event number automatically. You will also be prompted to provide the following information: the name of the event, a logo or photo, a link to the event, a simple description of the event and any restrictions (i.e. if the event is only open to Supporters over the age of 18).Connection55 may remove any event for any reason whatsoever, including without limitation any event that promotes pornographic or illegal activity. Connection55 reserves the right to disqualify any event that, in Connection55 sole discretion, does not comply with these Terms and Conditions or otherwise.
Payment processing services for Connection55 are among others provided by Stripe, Inc. (“Stripe”) and are subject to the Stripe and Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). By agreeing to these terms or continuing to use Connection55’s service, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Connection55 enabling payment processing services through Stripe, you agree to provide Connection55 accurate and complete information about you and your business, and you authorize Connection55 to share it and transaction information related to your use of the payment processing services provided by Stripe. In all cases, standard credit card or other third party processing fees apply in addition to any service fee. Connection55 is not responsible for the performance of any third party credit card processing or third party payment services. You expressly understand and agree that the Conneciont55 shall not be liable for any payments and monetary transactions that occur through Your use of the Connection55 Service.
Tax regulations may require Connection55 to collect appropriate tax information from our Event Promoter, or to withhold taxes from payouts to Event Promoters or both. You as a Event Promoter are solely responsible for keeping the information in your tax forms current, complete and accurate. You as a Event Promoter understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. Connection55 cannot and does not offer Tax-related advice to any Members. You understand and acknowledge that appropriate governmental agencies, departments or authorities (the “Tax Authority”) in the destination location of the Event may require Taxes to be collected by Supporters on the amount paid for the right to consume and/or provide event services and other travel related activities, and to be remitted to the respective Tax Authority. In certain jurisdictions, Connection55 may decide in its sole discretion to facilitate collection and remittance of Taxes from Event Promoters and/or Supporters on behalf of and in-lieu of Event Promoters, if such tax jurisdiction asserts Connection55 or Event Promoters have a tax collection and remittance obligation. Whether you are a Supporter of Event Promoter, you agree that any claim or cause of action relating to collection and remittance of Taxes shall not extend to any supplier or vendor that may be used by Connection55 in connection with collection and remittance of Taxes, if any. Supporters and Event Promoters agree that we may seek additional amounts from you in the event that the Taxes collected or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Taxes collected is a refund of Taxes collected by Connection55 from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.
Connection55’s online platform facilitates bookings between Supporters and Event Promoters who may prefer to pay and to receive payments in different currencies, which may require foreign currency conversions to accommodate these differing currency preferences. Although the Connection55 platform might allow users to view the price of Listings in a number of currencies, the currencies available for users to make and receive payments may be limited, and may not include the default currency in any given geographic location. Each foreign currency conversion is processed at a foreign currency conversion rate. This rate generally refers to the amount of one currency that must be paid to buy a certain amount of another currency at a given time. For example, if it costs EU$125.00 to buy US$100.00, the currency conversion rate of US dollars to Euros would be 1.25, and the currency conversion rate from Euros to US dollars would be 0.8. Currency conversion rates will vary from time to time.Connection55 might process a foreign currency conversion in the following situations: a) The displayed currency is different from the listing currency when a user views a Listing; b) The purchase currency is different from the listing currency when a Supporter submits as event, c) The payout currency (for partial or total payouts) is different from the listing currency when Connection55 initiates a payout; d)When a confirmed purchase is modified or cancelled, and there was a foreign currency conversion when the booking was submitted.Connection55 updates the base exchange rate on a regular basis, but not on a real-time basis. In particular, Connection55 does not always change the base exchange rate immediately when its costs of foreign exchange change. Accordingly, the base exchange rate may not be identical to the applicable market rate in effect at the specific time a foreign currency conversion is processed.Please note that your payment company (for example, your credit or bank card issuer) will use a currency conversion rate for and may impose a currency conversion fee on your payment or payout, if your card or bank account is denominated in a currency that is different from the booking Currency or the payout Currency respectively. Similarly, third-party payment processors may also use a currency conversion rate for or impose a currency conversion fee on your payment or payout. All of these currency conversion rates and fees are not controlled by or known to Connection55.
In consideration for the use of Connection55 online marketplace and platform, Connection55 may charge marketplace service and payment processing fees (“Service Fees”). Where applicable, Taxes (such as VAT) may also be charged in respect of the Service Fee. Connection55 deducts the Fees from the Event Cost before remitting the balance to the Event Promoter as described in these Terms. Balances will be remitted by Connection55 to Event Promoter via advanced payments to third party service providers, check, wire transfer, PayPal, direct deposit or other payment methods described on the Site, in the Event Promoter’s currency of choice, depending upon the selections the Event Promoter makes via the Site and Services. Amounts may be rounded up or down as described the “Rounding Off” section below.Please note that Connection55 may impose or deduct foreign currency processing costs on or from any payments or payouts by Connection55 in currencies other than Euros.Except as otherwise provided herein, Service Fees are non-refundable.
Connection55 may, in its sole discretion, round up or round down amounts that are payable from or to Supporters or Event Promoters to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest euro or other supported currency); for example, Connection55 will round up an amount of $101.50 to $102.00, and $101.49 to $101.00.Some currencies are denominated in large numbers. In those cases, Connection55 may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for Connection55 to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000.
Cancelled and Postponed Events
AS A PROMOTER, YOU AND NOT CONNECTION55 ARE RESPONSIBLE FOR NOTIFYING SUPPORTERS IF THERE IS A PROBLEM WITH A EVENT. AS AN INTERMEDIARY, CONNECTION55 WILL ADHERE TO YOUR EXCHANGE AND REFUND POLICY. IF YOU CHOOSE TO PURCHASE TICKETS USING A THIRD PARTY PAYMENT PROCESSOR, THE THIRD PARTY PAYMENT PROCESSOR’S REFUND POLICY WILL APPLY, AND IT IS YOUR RESPONSIBILITY TO READ ANY SUCH POLICY. IF YOU ALLOW TICKETS TO BE VALID FOR A DEFERRED DATE, ALL PREVIOUS TICKETS WILL BE CONSIDERED TO BE A NEW TICKET FOR THE DEFERRED DATE WITHOUT REFUND. IF YOU INSTRUCT CONNECTION55 TO REFUND TICKETS SOLD THROUGH CONNECTION55, CONNECTION55 WILL PROVIDE SUCH REFUNDS AS SOON AS POSSIBLE. ALL REFUNDS WILL BE PROCESSED AND WILL ONLY BE PROVIDED TO THE PERSON WHO MADE PAYMENT. REFUNDS BY CONNECTION55 WILL ONLY BE PROVIDED IN THE SPECIFIC CIRCUMSTANCES REFERRED TO ABOVE, OTHERWISE, ALL TICKET SALES ARE FINAL
Suspension, Termination and Connection55 Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your Connection55 Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Connection55 Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, Services, your Connection55 Account, your Member Content, or receive assistance from Connection55 Customer Service, (b) any pending or accepted future bookings as either Event Promoter or Supporter will be immediately terminated, (c) we may communicate to your Supporters or Event Promoter that a potential or confirmed purchase has been cancelled, (d) we may refund your Supporters in full for any and all confirmed vouchers, irrespective of preexisting cancellation policies, (e) we may contact your Supporters to inform them about potential alternate solutions with other Event Promoter that may be available on the Site and Services, and (f) you will not be entitled to any compensation for reservations or bookings (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your Connection55 Account. You may cancel your Connection55 Account at any time via the “Cancel Account” feature of the Services or by sending an email to email@example.com Please note that if your Connection55 Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site and Services, including, but not limited to, any reviews or Feedback.
You hereby grant us a perpetual, worldwide, royalty-free, and non-exclusive license to access Event Data in order to: (i) provide the Services, including storing, hosting and management of such content; and (ii) create Pattern Data. Together Sections 7(i) and (ii) constitute the “Content License”). You understand that, in performing the required technical steps to provide the Services, we may (a) transmit or distribute Event Data over various public or private networks and in various media; and (b) make such changes to Event Data as are necessary to conform and adapt that Event Data to the technical requirements of connecting networks, devices, Services or media. You confirm and warrant tthat you have all the rights, power and authority necessary to grant the above Content License and that use of the Content in the manner contemplated will not breach the rights of any third party. You further understand that we may share Event Data to our third party partners from time to time in connection with providing the Services
DISCLAIMER OF WARRANTIES
TO THE GREATEST EXTENT PERMITTED BY LAW, THE CONNECTION55 SERVICE IS PROVIDED ON AN “AS IS”; BASIS AND THERE ARE NO WARRANTIES, REPRESENTATIONS OR CONDITIONS, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE. CONNECTION55 ACTS AS A CONDUIT FOR TRANSMISSION OF APPLICABLE REFUNDS TO ELIGIBLE SUPPORTERS FOR AN EVENT. CONNECTION55 IS NOT RESPONSIBLE FOR ANY FRAUDULENT ACTIVITIES. CONNECTION55'S SERVICES ARE LIMITED TO PROVIDING E-TICKETS & RECEIPTS AND FORWARDING PAYMENT TO THE PROMOTER. ANY OTHER SERVICE OR PRODUCT DOES NOT INVOLVE CONNECTION55 AND OUGHT TO BE DEALT WITH DIRECTLY BETWEEN THE PROMOTER AND THE SUPPORTER.
LIMITATION OF LIABILITY
TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CONNECTION55 BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, LEGAL EXPENSES, LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF REVENUE, LOST OR DAMAGED DATA, COST OF SUBSTITUTE GOODS OR SERVICES, LOSSES ARISING OUT OF THE SITE OR SERVICE BEING INACCESSIBLE, OR FAILURE TO REALIZE EXPECTED SAVINGS OR ANY OTHER COMMERCIAL OR ECONOMIC LOSSES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF CONNECTION55 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, OR SUCH LOSSES OR DAMAGES ARE FORESEEABLE.THE ENTIRE LIABILITY OF CONNECTION55 AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES SUPPLIED BY CONNECTION55 FOR ANY CAUSE AND REGARDLESS OF THE CAUSE OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING FUNDAMENTAL BREACH OR NEGLIGENCE, WILL BE LIMITED IN THE AGGREGATE TO THE PAYMENTS MADE BY YOU TO CONNECTION55 FOR USE OF THE CONNECTION55 SERVICE.
Changes to this Agreement
Connection55 reserves the right to change this Agreement at any time. Minor changes will become effective immediately as will any changes required by law but any other material changes to this Agreement will become effective ten (10) days after the latest version of the Agreement is posted on the Site or notified to you by email.
If any provision of this Agreement is, or becomes, unenforceable, it will be severed from this Agreement and the remainder of this Agreement will remain in full force and effect.
You may not transfer or assign this Agreement (whether voluntarily, by operation of law, or otherwise) or any rights conferred by this Agreement without Connection55 prior written consent. Connection55 may assign this Agreement at any time without notice. This Agreement is binding upon and will inure to the benefit of both parties, and their respective successors and permitted assigns.
Governing Law and Venue
This Agreement shall be governed by the laws of Portugal. No choice of laws rules of any jurisdiction shall apply to this Agreement. You consent and agree that the courts of Portugal shall have jurisdiction over any legal action or proceeding brought by You arising out of or relating to this Agreement, and You consent to the jurisdiction of such courts for any such action or proceeding.