Term of Service for Event Promoters
The User is recommended to read the following carefully before downloading, installing and/or using the Services.
These Terms and Conditions comprise general rules for all Users and rules apply separately to Promoters of events and to Attendees of events.
The Promoter, the Attendee and the person using the Website are hereinafter collectively referred to as “User, “Users” or “it.
The Website means Connection55 website (www.connection55.com), any of its subdomains, any other websites operated by Connection55 or on Connection55’s behalf and any mobile device application or desktop application developed by Connection 55, or on Connection 55’s behalf.
The Website and the services provided by Connection 55 through the Website and otherwise are hereinafter collectively referred to as “Service” or “Services.
By using the Service, the User expressly acknowledges and agrees to enter into the Terms and Conditions with Flashbalance, Unipessoal Lda., a company incorporated under the laws of Portugal with the company number 514647493 and head office at Coelho da Rocha, no 100, Lisbon, Portugal (“Connection 55”), and has understood and agrees to comply with, and be legally bound by these Terms and Conditions. In the event that the User does not agree to be bound by the Terms and Conditions, the User should not register and/or use the Service.
1 - Services
Connection55 helps professional event promoters (“Promoter” or “Promoters”) to organize and sponsor events all over the world, focusing particularly on the ticketing and the payment services. Connection55 enables people interested in those events to receive the relevant information and buy the tickets on the website (“Attendee” or “Attendees”). Connection55 provides the User with several services such as, among others, the creation of a global registration page, the tickets sale, management of suppliers, and the payment management service, and the cross-sale services.
2 - Legal capacity
The service is intended solely for persons who are 18 or older. Any access to or use of the service by anyone under 18 is expressly prohibited. By accessing or using the Service the User represents and warrants that it is 18 or older. When entering into the Terms and Conditions on behalf of an entity, the User represents and warrants that it is authorized to enter into these Terms and Conditions on behalf of such entity and acknowledges that Connection 55 is not obliged to, does not and shall not make any validation of this representation.
3 - User Account
In order to use the Services, the User may have to create or use an account (“Account”). When creating an Account, the User must provide current, accurate and complete information. The User is solely responsible for the information contained in its Account, for the activity that occurs in its Account, and it must keep its Account password secure. The User must notify Connection55 immediately of any unauthorized use of its Account. The User represents and warrants that the information provided in the course of creating an Account and/or using the Service, including but not limited to, name, email address, phone number, address, tax identification number, credit card, and other identifying information, may be provided to and maintained by the Promoter, whether or not the User completes the registration process, in order to allow the Promoter to provide the Services or in future events or other products and services. The User represents and warrants that it will update all information as it changes. The User may never use another User’s Account or registration information for Connection55 without permission.
The User undertakes and agrees to:
(i) fully comply with all applicable laws and any other contractual terms which govern its use of the Services (and any related interaction or transaction), including those specific laws applicable to the User or Users' end users in any of User’s geographical locations;
(ii) be solely responsible and liable with respect to any of the uses, including by User’s end users, of the Service which occur under the Account and for any of content uploaded or provided by the User, or imported, copied or uploaded for the User, to the Account (including for any consequences of accessing, using or publishing such a content on or with respect to the Service);
The User understands that Connection55 does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to User’s use or any of User’s end users, or User’s compliance therewith.
4 - License
Subject to the Terms and Conditions, Connection 55 hereby grants the User a personal, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable license (“License”) to: (i) use the Services in connection with events the User participates in, (ii) use the Services in connection with events the User manages under agreement with Connection55, and (iii) use the Services on a mobile telephone, tablet, computer or device that the User owns or controls; in accordance with the Terms and Conditions and any applicable usage rules.
5 - Restrictions
The User agrees not to, and shall not permit any third party to: (i) sublicense, redistribute, sell, lease, lend or rent the Services; (ii) disassemble, reverse engineer, decompile, or decrypt or attempt to derive the source code, object code our underlying structure, ideas, know-how or algorithms relevant to the Website or any documentation or data related to the Services; (iii) copy, modify, improve or create derivative works or features or a competitive product of the Services or any part thereof; (iv) circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Services; (v) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Services; (vi) use any communications systems provided by the Services to send unauthorized and/or unsolicited commercial communications; (vii) use the Connection 55 name, logo or trademarks without Connection’s 55 prior written consent; and/or (viii) use the Services to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible or inappropriate purpose, or in any manner that breaches the Terms and Conditions.
6 - Third Party Content
By using the Service, the User is enabled to link to, access, view, and use content from Promoters and any third party websites and services (“Third Party Source” or “Third Party Sources”") that are not owned or controlled by Connection 55. The Service may also enable the User to communicate and interact with Third Party Sources.
Connection55 is not responsible for, and expressly disclaims all warranties regarding, the accuracy, appropriateness, usefulness, safety or Intellectual Property Rights of, or relating to, any content of the Third Party Sources.
Connection55 does not endorse any advertising, promotions, campaigns, products, services or other materials that are included in any content of a Third Party Source or that is communicated to the User from a Third Party Source. pBy using the Service, the User may be exposed to Third Party Sources' content that is inaccurate, offensive, indecent or objectionable. Any User’s interactions with a Third Party Sources and their content is at User’s sole discretion and risk.
The User is solely responsible and liable for its interaction with a Third Party Source. The User agrees to waive, and hereby does waive, any legal or equitable rights or remedies the User may have against Connection55, and to release Connection 55 from any and all liability, arising from User’s use of and interaction with any Third Party Sources and their content. In the event of any query or complaint regarding a Third Party Sources or their Content, the User agrees to contact the Third Party Source directly.
The Service may require or permit the hosting, sharing, posting and publishing of content by the Users (“Submissions”). The Submissions may be publicly available. The User understands that whether or not such Submissions are published, Connection55 does not guarantee any confidentiality with respect to any Submissions. The User shall be solely responsible for its Submissions and the consequences of posting or publishing them. Connection55 has complete discretion whether to publish the Submissions, reserving the right to monitor, censor, edit, remove, delete and/or remove any and all Submissions at any time and for any reason, with no obligation to give a prior notice.
The User represents and warrants that it has the necessary rights and permissions to use and authorize Connection 55 to use all Intellectual Property Rights in its Submissions, and to enable inclusion and use thereof as contemplated by the Terms and Conditions.
License to Submissions
By submitting the Submissions, the User grants Connection 55 a worldwide, irrevocable, royal-free, non-exclusive, perpetual license to use, reproduce, distribute, prepare related works, expose and perform the Submissions only in connection with the Service, including without limitation for redistributing part or all of its Submissions (and derivative work thereof), the User hereby waiving any moral rights in its Submissions, to the extent permitted by law.
The User agrees that it will not display, send, submit, post, publish or transmit a Submission or any message that, by way of example without limitation: (i) it is unfair or deceptive under the consumer protection laws of any jurisdiction; (ii) it is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless the User is the owner of such rights; (iii) it creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) it impersonates another person; (v) it promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) it is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, gives rise to civil liability, violates any law, or is otherwise dishonest, inaccurate, inappropriate, malicious or fraudulent; (vii) it involves theft or terrorism; (viii) it constitutes an unauthorized commercial communication; (ix) it contains the personal data of any third party unless the User has first obtained the express consent of said third party to include their data; and/or (x) it breaches these Terms and Conditions.
Exposure to Submissions
When using the Service, the User will be exposed to a variety of Submissions. The User understands and acknowledges that (i) Connection 55 is not responsible for the accuracy, usefulness, safety or Intellectual Property Rights of, or relating to, such Submissions; and (ii) it may be exposed to Submissions that are inaccurate, offensive, indecent, or objectionable. The User agrees to waive and hereby does waive, any legal or equitable rights or remedies it may have against Connection55 with respect to (i) and (ii) herein.
Connection55 reserves the right to access, read, preserve and disclose any Submission or any other information made available in the Website or obtained in relation to the Services as Connection55 reasonably believes that such an action is necessary to (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request; (ii) enforce these Terms and Conditions, including investigation of potential violations of it; (iii) detect, prevent or otherwise address fraud, security or technical issues; (iv) respond to support requests of the User; or (v) protect the rights, property or safety of Connection 55, Connection 55’s users or the public.
8 - Connection55 content
The Website is a registered website. Some information contained in the Services is confidential. The content which has been provided by Connection55 on the Website or otherwise related to the Service, including without limitation, text, information, documents, descriptions, products, graphics, photos, sounds, videos, interactive features, and services (“Material”), Connection55’s trademarks, service marks and logos contained therein (“Marks”, and together with the Material, the “Connection55 Content”), and the confidential information are property of Connection55 and/or Connection55’s licensors and may be protected by applicable copyright, other intellectual and industrial property laws, and furthermore applicable legislation. Connection55 and its licensor retain all title, ownership rights and Intellectual Property Rights in and to the Website and the Services, and any or all modifications to the Services, related documentation and marketing materials. Connection55 reserves all rights not expressly granted herein to the Service.
“Connection55” and the Connection55 logo are trademarks of Connection55 and Connection 55’s affiliates. All other trademarks, service marks or logos used on the Website and/or in relation to the Services, are the trademarks, service marks or logos of their respective owners.
The Connection55 Content is provided to the User “as is” exclusively for User’s personal use and shall not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, decompiled or otherwise exploited for any other purposes whatsoever without Connection 55 prior written consent. If the User downloads or prints a copy of the Connection 55 Content, it must retain all copyright and other proprietary notices contained therein.´p>
Connection55 attempts to be as accurate as possible. However, Connection55 cannot and does not warrant that the Connection55 Content is accurate, complete, reliable, current or error-free. Connection55 reserves the right to make any changes in or to the Connection55 Content, without the obligation of giving the User any notice prior to or after making such changes to the Connection55 Content.
The User is fully aware that any content which is part of Connection55’s advertising, featured on any sponsors or partners’ mention or promotion, is protected by copyright and related rights, industrial property and furthermore applicable legislation. Any use of these contents has to be expressly authorized by the respective holders.
The User agrees to comply strictly with the rights referred in this paragraph, namely refraining from any act that may violate the law and the referred rights, such as reproducing, commercialize, transmitting or making available to the public any content or any other acts that have the same aims.
Nothing in these Terms and Conditions will directly or indirectly be construed to assign or grant the User any right of ownership, title or interest in the Services, or any Intellectual Property Rights relating thereto.
“Intellectual Property Rights” mean all rights, title and interest in and to the Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any Intellectual Property Rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including HTML), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being, and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, whether foreign or domestic.
9- Privacy and Information Security
CONNECTION 55 MAINTAINS CYBERSECURITY PROTECTION IN ACCORDANCE WITH INDUSTRY STANDARDS AND, IF REQUIRED UNDER APPLICABLE LAW, WILL NOTIFY THE USER IN WRITING IN THE EVENT OF ANY DATA BREACH THAT CONNECTION 55 DISCOVERS AND WHICH COULD REASONABLY LEAD TO AN UNAUTHORIZED OR UNLAWFUL DISCLOSURE OR USE OF USER’S PERSONAL INFORMATION.
In the event that Connection 55 discovers any breaches of or unauthorized access to, User’s account, User’s personal information, or data, Connection 55 shall use reasonable efforts to immediately terminate the unauthorized access and promptly provide notice to the User that a breach of User’s account has occurred. To the extent required under applicable law and subject to the provisions thereof, Connection 55 shall provide any and all notices to third parties as required by law in the event of a breach of User’s account or unauthorized access to User’s personal information or data, including but not limited to notices of data breaches to affected third parties. Connection 55 shall provide support to the User and any other necessary third party to remedy the breach.
10 - Promoter Content
The Promoter confirms that it owns all rights in and to its content, including any designs, images, animations, videos, audio files, fonts, logos, codes, illustrations, compositions, artworks, interfaces, usernames, information the Promoter provides for the purpose of the Service (“Promoter Content, or otherwise has (and will continue to have) the full power, title, licenses, consents and authority in and to the Promoter Content as necessary to legally access to, import, copy, use, publish, transfer or license such Promoter Content, by the Promoter and Connection55 or any of Connection55’s affiliates.
The Promoter has (and will maintain) the full power, title, licenses, consents and authority to allow Connection55 and the User to access any websites, web pages and/or other online services, for the purpose of importing, copying, displaying, uploading, transmitting and/or otherwise using, the Promoter Content.
The Promoter Content is (and will continue to be) true, current, accurate, non-infringing upon any third party rights, and in no way unlawful for the Promoter to upload, import, copy, possess, post, transmit, display or otherwise use, in the country in which the Promoter or Promoter’s end users reside, or for Connection 55 and the Users to access, import, copy, upload, use or possess in connection with the Services.
The Promoter has obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the Promoter Content, and the Promoter will adhere to all laws applicable thereto.
11 - Prohibited Events
Without limiting the provisions of section Prohibited Content of paragraph Submissions these Terms and Conditions, the Promoter shall not post events or engage in activities through the Services that: (a) violate or facilitate the violation of any applicable local, national or other law, rule or regulation; (b) would be prohibited under the bylaws, rules and regulations, applicable to card-based payments networks, such as Visa, MasterCard, and American Express (“Credit Cards”), and non-card based payment networks such as direct debit and other alternative forms of payment (“Alternative Forms of Payment); and (c) contain any content that would violate these Terms and Conditions.
Any event that falls into any of the categories set forth above, as determined by Connection55 in its discretion, is a "Prohibited Event".
12 - Liability for the events
The Promoter assumes full liability for the compliance of the event with applicable laws in the territory in which the event shall occur and Connection55 shall not be liable for such compliance and shall be discharged by the Promoter for any liability whatsoever with this regard. Accordingly, any liability, fine, penalty or costs brought against Connection55 due to these facts shall be assumed and paid by the Promoter.
13 - Prohibited Transactions
The User shall not use Connection 55 to process any of the following transactions and the User represents and warrants that it will not submit for processing through the Service: (a) any transaction that would violate or is considered "high risk" (or another restricted category) by the general payment rules, including but not limited to, any transaction regarding adult-related content or activities, illegal goods or services; (b) any transaction that is fraudulent or criminal in nature; and (c) any transaction that would constitute sending money to another party other than for the management of the event, the purchase of bona fide tickets or registrations to events, the sale of items related to such events or that would for some reason not to be compliant with anti-money laundering regulations. Any transaction that falls into any of the categories set forth above, as determined by Connection 55 in its discretion, is a "Prohibited Transaction".
14 - Remedies
If Connection55 discovers that the User has posted a Prohibited Event and/or that it has attempted to process or processed a Prohibited Transaction, Connection 55 may take any or all of the following actions in its discretion in addition to any and all remedies that Connection 55 may have under the law or under these Terms and Conditions: (a) suspend or terminate User’s Account; (b) alter, edit, or remove any Prohibited Event or any portion thereof; (c) block, reverse or refund any or all of User’s transactions; (d) hold any and all funds associated with User’s Account to the extent required by applicable local, national or other law, rule, regulation, judgment or order; and (e) refer the User, its events and/or its transactions and information relating to the same (without further notice to the User) to the Payment Service Providers, the Credit Cards, the Alternative Form of Payments and/or applicable law enforcement agencies for further action.
15 - Service Fees
For the use of the Services, the Promoter shall pay to Connection55 all the fees described in the order form, statement of work, online form, or any other ordering document governing, along with the Terms and Conditions, the relationship between the Promoter and Connection55 (“Order Form”), according to the provisions thereof, which are collectively referred to as “Service Fee” or “Service Fees”. In addition, the Promoter shall pay to Connection 55 all the applicable Processing Fees, Taxes (such as VAT) if due and foreign currency processing fees whenever due (“Conversion Fee” or “Conversion Fees”) resulting from any payments or payouts by Connection55 in currencies other than Euros (the Service Fees, the applicable Processing Fees, Taxes and Conversion Fees are hereinafter collectively referred to as “Total Cost”). The User understands and acknowledges that the Conversion fees vary by country and are subject to change from time to time, as described in Foreign Currencies paragraph of these Terms and Conditions. Connection 55 will deduct the Total Cost from any amounts provided by the Promoter for the management of the events or from any amounts collected through the sale of the event tickets (“Sales Amount”) and will duly transfer or cause the Payment Services Provider to transfer, the balance to the Promoter. For this purpose, the transfer will be made via check, wire transfer, PayPal, direct deposit or any other payment methods described on the Site in the Promoter’s currency of choice, depending upon the selections the Promoter makes via the Service.
The Promoter agrees that, regardless of the delivery option used by Connection 55 to make the transfer, it will not request or use any information related to the selected payment method (including, but not limited to, any check or check information) for any purpose that the Promoter knows or should know to be fraudulent, erroneous or otherwise in violation of the Terms and Conditions.
The Promoter understands and acknowledges that any amounts due to the Promoter may be subject to Connection 55’s right of setoff against any debts or other amounts owed to Connection 55 by the Promoter under these Terms and Conditions, the applicable Order Form or other applicable agreement for Service, due to, by way of example and without limitation, tax reasons, as described in Taxes paragraph of these Terms and Conditions.
The Promoter may be required by Connection 55 to provide additional information (beyond the information required as per the User Account paragraph of these Terms and Conditions) about itself, the entity it represents (if any) and the principals/beneficial owners of the entity it represents (if any) (collectively, "Additional Information"). By way of example, the Additional Information may include current address, description of products, website address, payment account information, tax identification number, date of birth, passport number, country of origin, copies of government identification documents and other personal information. This information may be used to verify the Promoter’s identity, the validity and/or legality of its transactions. The Promoter agrees to (a) provide this information in a timely, accurate and complete manner and (b) maintain and promptly update this information in a timely manner to ensure it remains accurate and complete at all times.
If any bank account number the Promoter provides to Connection55, including a bank account number the Promoter provides as part of its Additional Information, is inaccurate, the Promoter agrees that Connection55 is still entitled to make payment to that account number, even if the bank account is not owned by Promoter. The Promoter agrees that Connection55 may rely solely on the bank account number provided as the proper identification of Promoter’s bank account, even if the bank account number identifies a different account from Promoter’s bank account. The Promoter also agrees to reimburse Connection55 for any losses or expenses Connection55 incurs as a result of Connection’s reliance on any bank account number provided by the Promoter.
The Promoter agrees that Connection55 is permitted to share the information relating to Promoter’s events and transactions on the Service, including the Additional Information, with the selected Payment Services Provider, the Credit Cards, and the Alternative Forms of Payment, and with Promoter’s bank, whenever Promoter’s transactions or events involve such third parties.
For risk management and security reasons and to meet the requirements imposed by the applicable law, the Payment Service Providers, the Credit Cards and the Alternative Forms of Payment, and Promoter’s bank, Connection 55 may from time to time in its sole discretion impose a transaction limit on the amount of any given transaction that the User processes through the Payment Service Provider and the User authorizes Connection55 to reject any transaction over that limit.
Except as otherwise provided herein, Service Fees are non-refundable.
16 - Taxes
The Promoter is solely responsible for determining which, if any, sales, use, amusement, value added, consumption, excise and other taxes, duties, levies and charges ("Taxes") apply to its use of the Service and to sales it makes using the Service. The Promoter agrees that it is its sole responsibility to and that it will, collect and remit the correct amounts of all such Taxes to the applicable governmental authorities (“Tax Authorities”).
The Promoter hereby releases Connection55 from any and all tax liability with respect to Promoter’s use of the Services. In the event that a Tax Authority requires Connection 55 to pay any Taxes attributable to Promoter’s use of the Service or to sales the Promoter makes using the Service, the Promoter agrees to promptly and fully reimburse Connection 55 for such Taxes upon demand and all costs, penalties, interest and expenses related thereto.
Nevertheless, Connection 55 may, in certain jurisdictions, be required to collect and remit Taxes on the Service Fees to the Tax Authorities. In such jurisdictions, Connection 55 will collect from the Promoter Taxes on the Service Fees, and the Promoter agrees to pay such Taxes.
Connection 55 may, at its sole election, invoice the Promoter for Taxes on the Service Fees or withhold (from amounts that Connection 55 would otherwise pay out to the Promoter) the amount of Taxes on the Service Fees. With the exception of Taxes on Service Fees that Connection 55 collects from the Promoter pursuant to this paragraph, the Promoter remains responsible for collecting and remitting the correct amount of any Taxes that apply to Promoter’s use of the Service and to sales the Promoter makes using the Service.
Connection 55 reserves the right to withhold the payment of any amounts owed to the Promoter hereunder and disposes of them as required by applicable local national or other law, rule, regulation, judgment or order, in each case as determined by Connection55, or to seek later payment from the Promoter of any amounts on Taxes uncollected and unremitted, related to Promoter’s events.
17 - Foreign currency
Connection55 facilitates event bookings between Attendees and 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 Connection55 might allow Users to view the price on the Service 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. Currency conversion rates will vary from time to time. Connection55 might process a foreign currency conversion, by way of explanation but not to limitation, in the following situations: a) when a User views an event, the displayed currency is different from the event currency; b) when an Attendee submits an acquisition request, the acquisition currency is different from the event currency. Connection 55 updates the base exchange rate on a regular basis, but not on a real-time basis. 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. The User should be aware that Credit Cards and the Alternative Forms of Payment will use a currency conversion rate for and may impose a Conversion Fee on User’s payment or payout, if User’s Credit Card, Alternative Forms of Payment or bank is denominated in a currency that is different from the acquisition currency or the payout currency respectively. Similarly, the Payment Service Providers may also use a currency conversion rate for or impose a Conversion Fee on User’s payment or payout. All of these currency conversion rates and Conversion Fees are not controlled by or known to Connection55.
18 - Payment Services
Due to the fact that Connection 55 facilitates event and travel bookings between Attendees and 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, Payment services (“Payment Services”) are provided to Connection 55 by several payment services providers (“Payment Services Provider” or “Payment Services Providers”), among others, Stripe, Inc. (“Stripe”), PagSeguro, Inc ("PagSeguro), Paypal, Inc ("Paypal") and are exclusively subject to the agreements governing the relation between the User and the Payment Service Provider (“Payment Services Providers Agreement”). By agreeing to these Terms and Conditions or continuing to use the Service, the User agrees to be bound by the Payment Services Providers Agreement, as the same may be modified by the Payment Services Providers from time to time. As a condition of Connection55 enabling Payment Services through the Payment Services Providers, the User agrees to provide Connection55 with current, accurate and complete information about it, its business and its acquisition, and authorizes Connection55 to share this information with the Payment Service Provider. All the processing fees related to the Payment Services (“Processing Fees”) shall be paid by the User in addition to any Service fee. Connection55 is not responsible for the performance or nonperformance of any Payment Services Provider and disclaims all obligation or liability with respect to the Payment Services. The User agrees not to hold Connection55 liable for any payments and monetary transactions that occur through the use of the Service by the User. The User agrees to waive and hereby does waive, any legal or equitable rights or remedies it may have against Connection 55 in relation to the Payment Services.
The User acknowledges that Connection 55 is not a payment services company nor provide payment services neither to the Promoter or to the Attendee.
Connection 55 may, in its sole discretion, round up or round down amounts that are payable from or to Attendees or Promoters to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest euro or other supported currency).
19 - Attendee Services
Through Connection55 Services the Attendees may acquire tickets for Promoters events and other services form the Promoters. The Attendee acknowledges that Connection55 is not the event organizer and that is not responsible for its content, organization or related services. Connection55 is solely responsible for the promoting and ticket sale of the Promoters event and of other related services.
20 - Attendee Payments
The Attendees shall pay for tickets and services acquired through the website. Tickets and related services are sold and invoiced by the Promoter. Connection 55 may charge fees on Attendees if and whenever announced in the event promotion page.
The Attendee should be aware that its use of the Service may require and utilize internet connection or data access. Whenever applicable, the Attendee agrees to be solely responsible for the relevant charges. Due to the fact that Connection 55 facilitates event bookings between Attendees and 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, Payment information and payment methods regarding the acquisition provided by the Service are specified and presented on the Website, within the event registration process, as set forth by the Promoter through the Service. If the Attendee wishes to buy tickets through the Service, so making an acquisition, it will be required to supply certain information applicable to the acquisition, including, without limitation, credit card information. The Attendee agrees that all information provided in relation to the acquisition will be current, accurate and complete and consents to disclosure, transmission and use of such information as necessary to process the acquisition. The Attendee agrees to pay all charges incurred as a result of the acquisition as described within these Terms and Conditions. The Attendee shall be responsible for paying any applicable taxes relating to its acquisition. The Attendee understands and acknowledges that the activity of re-selling event tickets may be regulated by local laws or regulations, and that complying with laws is its responsibility. The Attendee also agrees not to hold Connection 55 liable for Attendee’s failure to comply with any law or Connection 55’s failure to notify the Attendee of, or properly apply any law. The Attendee agrees that it will only use credit cards or any other payment instruments belonging to the Attendee, or to third parties who expressly authorize such use, for the purpose of conducting an acquisition. The Attendee hereby grants Connection 55 the right to provide any information the Attendee submits to third parties (such as the Payment Service Providers) for purposes of facilitating the completion of acquisition initiated by the Attendee or on its behalf. Verification of information may be required prior to the acknowledgement or completion of any acquisition.
Payment services (“Payment Services”) are provided to Connection 55 by several payment services providers (“Payment Services Provider” or “Payment Services Providers”), among others, Stripe, Inc. (“Stripe”), PagSeguro, Inc ("PagSeguro), Paypal, Inc ("Paypal") and are exclusively subject to the agreements governing the relationship between the User and the Payment Service Provider (“Payment Services Providers Agreement”). By agreeing to these Terms and Conditions or continuing to use the Service, the User agrees to be bound by the Payment Services Providers Agreement, as the same may be modified by the Payment Services Providers from time to time. As a condition of Connection 55 enabling Payment Services through the Payment Services Providers, the User agrees to provide Connection 55 with current, accurate and complete information about it, its business and its acquisition, and authorizes Connection 55 to share this information with the Payment Service Provider. All the processing fees related to the Payment Services (“Processing Fees”) shall be paid by the User in addition to any Service fee. Connection 55 is not responsible for the performance or nonperformance of any Payment Services Provider and disclaims all obligation or liability with respect to the Payment Services. The User agrees not to hold Connection 55 liable for any payments and monetary transactions that occur through the use of the Service by the User. The User agrees to waive and hereby does waive, any legal or equitable rights or remedies it may have against Connection 55 in relation to the Payment Services.
The Attendee acknowledges that Connection 55 is not a payment services company nor provide payment services neither to the Promoter or to the Attendee.
Connection55 may, in its sole discretion, round up or round down amounts that are payable from or to Attendees or Promoters to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest euro or other supported currency).
21 - Cancellation and Postponement.
Promoters events may be cancelled or postponed. Connection55 is not liable for any damages caused to the Attendee, should this occur. The Promoter is responsible for attempting to contact and inform the Attendee of refund or exchange procedures for the event as per the Refund policy section of this paragraph. Connection55 shall not be held as liable for travel or any other expenses that the Attendee or anyone else incurs in relation to a cancelled or postponed event. The Attendee should contact the Promoter for more information or to request a refund in the event that it cannot attend the rescheduled event.
Before buying tickets, Connection55 suggests the Attendee to carefully review the event selection and review the cancellation, exchange and refund policy (“Refund Policy”), set forth by the Promoter. The ticket prices and availability, and the Refund Policy are determined by the Promoter and are set forth throughout the event registration process or within the Refund Policy set forth by the Promoter. The Promoter is the sole responsible for notifying the Attendee about the postponement of the event and any relevant event information. Attendee’s right to cancel an acquisition and to receive any refund is subject to Promoter’s Refund Policy. If no Refund Policy was set forth by the Promoter in relation to the event registration process, the following will automatically apply: (i) payments are non-refundable if the event happens; (ii) if the User requests the cancellation of its ticket more than 30 (thirty) days prior to the event, the penalty is 50% of the ticket price; (iii) if the Users requests the cancellation of its ticket less than 30 (thirty) days prior to the event, the penalty is 100% of the ticket price. For all types of acquisition, the Promoter is responsible for communicating its Refund Policy to the Attendee and to issue refunds to the Attendee via the Service or otherwise. All communications or disputes regarding refunds are exclusively between the Attendee and the Promoter, and Connection 55 shall not be held as responsible or liable in any way for refunds, errors in issuing refunds, or lack of refunds in connection with the acquisition. All communications and disputes regarding cancellations and chargebacks are exclusively between the Attendee and the Promoter, and Connection 55 shall not be held as responsible or liable in any way for chargebacks in relation to any Attendee’s uses of the Service for processing an acquisition. If the Attendee wishes to request a refund, it should contact the applicable Promoter directly. Any refund, reimbursement and ticket exchange may be processed by Connection55 on express request of the Promoter, and may only be provided to the person who made the acquisition. In the event that Connection55 processes such a refund, reimbursement and ticket exchange on express request of the Promoter, the latter shall not pay any additional fees with the exception of the Processing Fees and applicable taxes. Any refund, reimbursement and ticket exchange may be provided by Connection55 only in the specific circumstances referred within this paragraph, otherwise, all ticket sales are final. The Attendee hereby agrees that it will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner in relation to the tickets it bought.
UNDER NO CIRCUMSTANCES SHALL CONNECTION 5 BE LIABLE TO THE ATTENDEE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, OR FOR THE COST OF SUBSTITUTE GOODS OR SERVICES, THAT ARISES UNDER OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE, THAT IS NOT DIRECTLY ATTRIBUTABLE TO GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF CONNECTION 55, EVEN IF CONNECTION 55 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CONNECTION 55 IS NOT RESPONSIBLE NAMELY FOR (I) MISTAKES, OMISSIONS OR OTHER INACCURACIES REGARDING INFORMATION DISPLAYED ON THE SERVICE; (II) DAMAGE CAUSED BY THE USER OR THIRD PARTY, INCLUDING VIOLATION OF INTELLECTUAL PROPERTY; (III) BY NOT COMPLYING OR COMPLYING WRONGFULLY CAUSING OR CAUSED BY JUDICIAL ACTIONS OR ADMINISTRATIVE AUTHORITY; (IV) BY NOT COMPLYING OR COMPLYING WRONGFULLY CAUSING OR CAUSED BY FORCE MAJEURE OR UNPREDICTABLE SITUATIONS, NOT CAUSED AND NOT CONTROLLED BY CONNECTION 55 SUCH AS GOVERNMENTAL DECISIONS, STRIKES, ENERGY CUTS, EXPLOSIONS, FIRES, WAR, RIOTS, CIVIL INSURRECTIONS, EARTHQUAKES, FLOODS OR OTHER NATURAL CATACLYSMS THAT INTERRUPT OR DAMAGE THE NORMAL OPERATION OF THE SERVICES.
IN NO EVENT WILL CONNECTION 55’S AGGREGATE LIABILITY ARISING TO THE ATTENDEE OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, EXCEED THE AMOUNT OF THE ACQUISITIONS COLLECTED BY CONNECTION 55 FROM THE ATTENDEE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO THE ATTENDEE. THE ATTENDEE ACKNOWLEDGES AND AGREES THAT, BY MAKING AN ACQUISITION OR OTHERWISE USING THE SERVICE, IT IS INDICATING THAT IT HAS READ, AND THAT IT UNDERSTANDS AND AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS.
22 - Unlawful Resale of Tickets; Commercial Purposes.
Unlawful resale (or attempted resale), counterfeit or a copy of tickets is grounds for seizure and cancellation without compensation. Additionally, Connection55 reserves the right to restrict or deny ticket purchasing privileges to anyone that Connection55 determines to be, or has been, in violation in any manner of the Terms and Conditions.
Certain maximum resale premiums and restrictions may apply in certain jurisdictions and Connection55 cannot be responsible for providing legal advice regarding resale or pricing of tickets. The Attendee is responsible for complying with all applicable ticket resale laws. As Connection 5 does not guarantee the authenticity of tickets bought from any non-authorized third party reseller (such as brokers or individuals), it is recommended that the Attendee buys tickets directly through the authorized resellers. Tickets may not be used for advertising, promotions or contests unless formal written authorization is given by the Promoter.
23- Warranty Disclaimers
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
CONNECTION55 DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE, THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE OR THAT CONNECTION 55 WILL CORRECT ANY ERRORS IN THE WEBSITE. THE USER AGREES THAT CONNECTION 55 WILL NOT BE HELD RESPONSIBLE AND LIABLE FOR ANY CONSEQUENCES FOR THE ATTENDEE OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF CONNECTION 55 OR OTHER SERVERS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
CONNECTION 55 AND ITS AFFILIATES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE SERVICE TO THE USER OR TO ANY OF USER’S END USERS AND ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE COMPLETENESS, RELIABILITY, USEFULNESS OR DECENCY OF THE WEBSITE OR OF THE SERVICE, OR CONTENT OR SERVICES DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THE SERVICE. IF THE USER HAS A DISPUTE WITH ANY OTHER USER, THE USER AGREES THAT CONNECTION 55 IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. CONNECTION 55 RESERVES THE RIGHT BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.
THE USER ACKNOWLEDGES THAT CONNECTION55 DOES NOT CONTROL CONTENT, INFORMATION, PRODUCTS OR SERVICES OFFERED BY ADVERTISERS, THIRD PARTIES OR OTHER USERS ON OR THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO, INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY LICENSE TO CONNECTION 55 FROM THIRD PARTIES OR MATERIALS PROVIDED BY OTHER USERS.
CONNECTION 55 MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO TO THAT EXTENT SUCH EXCLUSIONS MAY NOT APPLY.
24 - Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL CONNECTION55 BE LIABLE TO THE PROMOTER FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, OR FOR THE COST OF SUBSTITUTE GOODS OR SERVICES, THAT ARISES UNDER OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE, THAT IS NOT DIRECTLY ATTRIBUTABLE TO GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF CONNECTION 55, EVEN IF CONNECTION 55 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CONNECTION 55 IS NOT RESPONSIBLE NAMELY FOR (I) MISTAKES, OMISSIONS OR OTHER INACCURACIES REGARDING INFORMATION DISPLAYED ON THE SERVICE; (II) DAMAGE CAUSED BY THE USER OR THIRD PARTY, INCLUDING VIOLATION OF INTELLECTUAL PROPERTY; (III) BY NOT COMPLYING OR COMPLYING WRONGFULLY CAUSING OR CAUSED BY JUDICIAL ACTIONS OR ADMINISTRATIVE AUTHORITY; (IV) BY NOT COMPLYING OR COMPLYING WRONGFULLY CAUSING OR CAUSED BY FORCE MAJEURE OR UNPREDICTABLE SITUATIONS, NOT CAUSED AND NOT CONTROLLED BY CONNECTION 55 SUCH AS GOVERNMENTAL DECISIONS, STRIKES, ENERGY CUTS, EXPLOSIONS, FIRES, WAR, RIOTS, CIVIL INSURRECTIONS, EARTHQUAKES, FLOODS OR OTHER NATURAL CATACLYSMS THAT INTERRUPT OR DAMAGE THE NORMAL OPERATION OF THE SERVICES.
IN NO EVENT WILL CONNECTION 55’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, EXCEED THE AMOUNT OF THE AQUISITIONS COLLECTED BY CONNECTION 55 FROM THE ATTENDEES OF A PROMOTER’S EVENT AND THE TOTAL AMOUNTS PAYD BY THE PROMOTER TO CONNECTION 55 FOR USING THE SERVICE. THE USER ACKNOWLEDGES AND AGREES THAT, BY MAKING AN ACQUISITION OR OTHERWISE USING THE SERVICE, IT IS INDICATING THAT IT IS HAS READ, AND THAT IT UNDERSTANDS AND AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO TO THAT EXTENT SUCH EXCLUSIONS MAY NOT APPLY.
25 - Indemnity
Connection55 is not responsible for the conduct or legality of the events or for the legality of any User or third party content. The User agrees to defend, indemnify and hold harmless Connection 55, its affiliates, and Connection 55’s respective officers, directors, employees, agents, consultants, successors and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) any content, any Submission, and message provided by the User or any of User’s officers, directors, employees or agents, or User’s end users; (ii) User’s or end users’ s use, or inability to use, or misuse of the Service (ii) any refunds owed or claimed to be owed to Attendees; (iii) User’s failure to pay or withhold any taxes or other fees required by applicable law; (iv) Promoter’s events; (v) User’s violation of any third party right, including without limitation any Intellectual Property Right or privacy right; and (vi) User’s violation of any applicable law, regulation and these Terms and Conditions. Without derogating from or excusing User’s obligations under this paragraph, Connection 55 reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by Connection55, in which event the User shall assist and cooperate with Connection 5 in asserting any available defences.
26 - Money-laundering
The User represents and warrants that any payments made and/or transferred to Connection55, due to, by way of example but not to limitation, an acquisition, have undergone compliance screening and have been subject to the due checks and controls. The User represents and warrants to comply with the Portuguese Law No. 83/2017, of 18 August, which transposes the European Directive No. 2015/849 of the European Parliament and of the Council of 20 May 2015, on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing 20 May 2015.
27 - Updates and Upgrades
Connection55 may from time to time provide updates or upgrades to the Website or to the Service (“Revision" or “Revisions”) but is not under any obligation to do so. Such Revisions will be supplied according to Connection 55 then-current policies, which may include automatic updating or upgrading without any additional notice to the User. The User consents to any such automatic updating or upgrading of the Service. All references herein to the Service shall include Revisions. These Terms and Conditions shall govern any Revisions that replace or supplement the original Service unless the Revision is accompanied by a separate agreement which will govern the Revision.
28 - Term and Termination
These Terms and Conditions will remain in effect until terminated by either Connection 55 or the User (Connection 55 and the User are referred to as “Party” or “Parties”). Connection 55 reserves the right, at any time, to: (i) discontinue or modify any aspect of the Service; and/or (ii) terminate these Terms and Conditions and User’s use of the Service with or without cause, and shall not be liable to the User or any third party for any of the foregoing. If the User objects to any term or condition of these Terms and Conditions or any subsequent modifications thereto or becomes dissatisfied with the Service in any way, its only recourse is to immediately discontinue use of the Service. The User shall remain responsible for any payments and amounts due to the use of the Service.
Upon termination or expiration of these Terms and Conditions, the User shall cease all use of the Service. Any provisions of these Terms and Conditions regarding the fees and any payments and amounts due to Connection 55 by the Promoter or the Attendee, such as the Service Fees, and the Intellectual Property Rights paragraph, the Privacy and Information Security paragraph, the Warranty Disclaimers paragraph, the Limitation of Liability paragraph, the Indemnity paragraph, and the Assignment paragraph shall survive termination of these Terms and Conditions for any reason, as well as any other provision of these Terms and Conditions which, in accordance with its terms, is intended to survive such termination.
Connection 55 may, in its discretion and without liability to the User, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel the Account. If Connection 55 exercises its discretion under these Terms and Conditions to do so, any or all of the following can occur with or without prior notice or explanation to the User: (a) the User Account will be deactivated or suspended, User’s password will be disabled, and the User will not be able to access the Site, Services, User’s Account, its Content, or receive assistance from Connection 55, (b) any pending or accepted future acquisitions as either Promoter or Attendee will be immediately terminated, (c) Connection 55 may communicate to the Attendees or the Promoters that a potential or confirmed acquisition has been cancelled. The User may cancel its Account at any time by sending an email to firstname.lastname@example.org.
29 - Assignment
These Terms and Conditions, and the contractual position in the contract may not be transferred or assigned by the User but may be assigned by Connection55 without restriction or notification.
30 - Modification
Connection55 reserves the right to modify these Terms and Conditions at any time by sending the User a notification and/or publishing the revised Terms and Conditions on the Service. Such modification will be effective 10 (ten) days following the foregoing notification thereof, and User’s continued use of the Service thereafter means that the User accepts those modifications.
31 - Severability
If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. THE USER AGREES THAT ANY CAUSE OF ACTION THAT IT MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
32 - Governing Law and Disputes
These Terms and Conditions shall be governed by the laws of Portugal. The User consents and agrees that the courts of Portugal shall have jurisdiction over any legal action or proceeding brought by the User arising out of or relating to these Terms and Conditions, and consents to the jurisdiction of such courts for any such action or proceeding.