PLEASE READ THROUGH THESE TERMS CAREFULLY BEFORE USING www.EventPay.app and/or any of its subsidiaries, products, or platforms (the “Site”).

The following document (EventPay's “Terms of Use” or “Terms”) describes the conditions under which EventPay offers each individual or entity (“You”) access to our payment system (collectively, the “Services”) that can be used to facilitate payments and order items to our Clients Events (as defined below) at www.EventPay.app or through one of our applications (“the Site”). Additionally, we may develop applications that are compatible with our platform and external systems used by our platforms, and these systems, platforms and subsidiaries are covered under the terms outlined herein, and will also be referred to as (“the Site”). Our clients that utilize this Site to sell tickets and promote events (“Client Events”) will herein be referred to as “Clients”. Any Client Events or any other events or public or private meetings and/or gatherings for any purpose are collectively referred to herein as “Events”. Anyone (including any Clients) who in any way uses the Site to browse, scrape or crawl its content will herein be referred to as a “User”.

By accessing the Site, You are legally bound by, and agree to comply with, the Terms found herein. If You do not understand or agree with these Terms, please do not use the Site. EventPay reserves every right to, at its sole discretion, alter or amend these Terms at any time. Any such changes will be effective immediately upon posting on this Site. You are advised to periodically review the Site and these Terms for any such updates or changes. For purposes of these Terms, any reference herein to “EventPay” shall be deemed (where applicable and including any provisions of these Terms relating to limitations or exclusions of liability, indemnification and release of claims) to expressly include EventPay and all of its contractors, licensors, partners, affiliates and sponsors (including, without limitation, 10077925 Canada Inc.).


USER TERMS

Subject to the acceptance and continuing adherence to these Terms, EventPay provides to its Users a limited, non-exclusive, non-transferable license to access and use the Site and its associated Services. This Site is the sole and exclusive property of EventPay, and no rights beyond those granted in this Agreement will be permitted. Any Users of this Site agree to abide by any and all applicable laws in all applicable jurisdictions. In order to use the Site and its Services, Users must be at least 13 years of age. Any persons who do not fulfill this requisite are prohibited from using the Site. Any User using the Services on behalf of another person, entity or organization, must be an authorized representative with the authority to bind such person, entity or organization to these Terms. Any such Users are hereby agreeing that, by using the Services, they are binding their represented person, entity or organization to these Terms. Users shall not impersonate any other individual, person or entity on this Site.

Users agree that they are solely responsible for their actions when using the Site and the Services, including the actions of any respective employees and agents that use the Site or Services as a representative of such a User. Any conflicts or disputes arising between Users must be resolved directly between such Users, and Users assume any and all risk associated with dealing with other respective Users. Users of the Services agree not to use the Services or the Site for any unauthorized, illegal or fraudulent purposes or to impersonate any other individual, person or entity. Users agree not to display or transmit any unlawful, harmful, hateful, racially or ethnically objectionable material of any kind through the use of this Site. This includes distribution of any files containing viruses, corrupted or malicious files, or any other similar programs, as well as interfering with or disrupting in any way the SitesÕ functionality.

Users agree that any information provided by them when signing-up or in the process of purchasing a ticket will be accurate, truthful, current and complete. Users agree to pay all charges (including applicable service fees) incurred by themselves or any of their representatives at the price(s) in effect when such charges are incurred, as well as any then-current applicable taxes. By using a credit card or other payment means to purchase tickets, You warrant that You have full legal right to use such credit card or payment means. Users expressly agree and consent that EventPay has the right to provide any such supplied User payment information to third parties to facilitate the completion of all transactions initiated by You or your representatives. Purchases made by Users on the Site are non-refundable and cannot be exchanged unless expressly stated otherwise. EventPay shall have no liability whatsoever for any Damages (as defined below) arising from, or related to, any access or use by You of this Site, the Services, the Materials or any purchase transactions initiated by You on the Site or through using the Services and, without limitation, including any Damages relating to You travelling to, attending or participating in any Events.

Users expressly agree and consent that any content (including, without limitation, data, materials, posts, ratings, etc.) submitted by themselves or their representatives on the Site (collectively, “User Content”) may be used by EventPay, for any purposes, through the offering of the Services and in any associated activities with third parties. EventPay does not claim ownership of any User Content that you post on or through the Site or our Services. However, You hereby grant to EventPay a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the User Content that you post on or through the Site or our Services, subject to our Privacy Policy located on the Site. EventPay does not in any way guarantee the confidentiality of User Content. Users therefore are responsible for their own User Content, and assume all risks associated with the submission of such User Content. EventPay retains the right to, at any time and at its sole discretion, remove User Content from the Site for any reason. Users represent, warrant and confirm to EventPay that they own and/or are authorized by the applicable owner(s) to post all User Content on the Site and will not post any such User Content without the express consent of the owner(s) of such User Content.


INTELLECTUAL PROPERTY RIGHTS

All content or other material available on the Site, including but not limited to, software, images, text, layouts, arrangements, displays, illustrations, documents, materials, audio and video clips, (collectively, the "Materials"), are the property of EventPay and are protected by copyright or other proprietary intellectual property rights under applicable Canadian and foreign law.

EventPay logos, trademarks and service marks that appear on the Site (collectively, the "Marks"), are the property of EventPay and are protected under applicable Canadian and foreign laws. All other trademarks, service marks and logos appearing on the Site, with or without attribution, are the property of their respective owners. Users may not copy, sell, resell, display, reproduce, publish, alter, modify, create derivative works from, transfer, distribute or otherwise commercially exploit in any manner any Materials appearing on the Site, except as otherwise expressly permitted in these Terms. Users may not decompile, disassemble, reverse-engineer or otherwise access the source code for any software associated with or used in connection with the Site. EventPay reserves all rights not expressly granted herein to the Site, and any associated Materials and Marks.

Any information collected by EventPay will be treated in the manner described in the Privacy Policy located on the Site, and EventPay will not be responsible or liable for such informationÕs use or disclosure to any third party who is granted access through the Privacy Policy. User Content and information posted to the Site will be treated as non-confidential and non-proprietary.


THIRD PARTY CONTENT

Any references to third parties, links to third party websites or documents, or information obtained from third parties that is contained on this Site (this includes statements made by the Users of this Site) are provided “as is” and are not under the control of EventPay. EventPay therefore cannot be held responsible or liable for any of such third party content originating from or contained by such sources. EventPay is also not responsible for the reliability, accuracy, legality or any other aspects of third party content, and cannot be held liable for any Damages caused by Users reliance on such sources of information. It is the UsersÕ responsibility to assess the fitness of the information and content provided by these sources for their particular uses, and Users access and rely on such information at their own risk. By using the Site, Users expressly release, remise and discharge EventPay from any and all liability arising from any use by them of any third party website or any third party content. Users understand that third parties may, at any time, alter or revoke data, content, materials or software made available on their sites, and Users expressly agree and consent that any such actions by a third party does not constitute a breach of these Terms.


GENERAL TERMS

Warranties: All Materials and Services provided on this Site are presented “as is” and without any warranties or conditions, whether express or implied. EventPay disclaims any statutory or other warranties and conditions, either implied or explicit. This includes, but is not limited to, implied warranties or conditions of merchantability, non-infringement, title, accuracy or security, and fitness for a particular purpose. Your use of this Site is completely your responsibility and at your own risk. EventPay is not responsible for the accuracy of the information contained on this Site, and in no case will be held liable for any Damages associated with the reliance on the Materials and Services provided by or through the Site. Jurisdictions that do not allow for the exclusion of particular warrantees may not be subject to certain limitations contained in this Agreement.

Limitation of Liability: EventPay will not be held responsible for any omissions or errors in the Materials and Services provided on this Site, or any information that is linked to this Site. EventPay in no way makes any representations of the reliability, availability, fitness, or accuracy of the Materials and Services provided by this Site. EventPay will not to You or be held liable under tort, negligence, contract, strict liability or any other legal theory whatsoever for any costs, expenses, liabilities, claims, third party claims, actions, proceedings, bodily harm or injury, harm or injury to any property, losses or damages of any nature or kind whatsoever, whether indirect, incidental, punitive, consequential or special, caused in any manner or relating in any manner to (collectively, “Damages”) any use or misuse by You of this Site, the Services, the Materials or any purchase transactions initiated by You on the Site or using the Services and, without limitation, including any Damages relating to You travelling to, attending or participating in any Events. Notwithstanding the above and except where prohibited by applicable laws governing these Terms, You confirm for all purposes of these Terms that any liability of EventPay for any Damages will be limited to the total aggregate amount paid by You to EventPay during the 90 calendar period immediately preceding the earlier of (i) the date such Damages actually arose or (ii) the date You reasonably became aware or ought to have become aware of such Damages.

Indemnification: You agree to defend, indemnify and hold harmless EventPay for any and all of its Damages arising from, directly or indirectly, any access or use or misuse by You of this Site, the Services, the Materials, the User Content or any purchase transactions initiated by You on the Site or using the Services and, without limitation, including any Damages relating to You travelling to, attending or participating in any Events.

Release of Claims: You fully release, remise and discharge EventPay from any and all claims for Damages You may have suffer in connection with, in any manner or relating in any manner to, any fraud, negligence or wilful, unlawful, unauthorized or intentional conduct by You relating to these Terms, this Site, the Services, the Materials, the User Content or travelling to, attending or participating in any Events.

Termination: With or without cause and/or notice and at any time, EventPay may terminate your access to all or any part of the Services provided by or made available through this Site. EventPay shall not be liable to Users for any termination of the Services.

Contests, Sweepstakes, Promotions and other Activities: In connection with contests, sweepstakes, promotions or other related activities on the Site, EventPay may impose additional rules and regulations governing such events or circumstances (collectively, “Contest Rules”). These Contest Rules will prevail and rank paramount in the event that there exists any conflict or inconsistency between such Contest Rules and these Terms.

Legal Fees: Users agree that in the event that EventPay prevails in any legal action to enforce these Terms or the terms of any Contest Rules, EventPay shall be entitled to recover reasonable attorneyÕs fees from You and You expressly consent to payment to EventPay of such reasonable attorneyÕs fees notwithstanding any applicable laws to the contrary.

Governing Law: These Terms will be governed solely by the laws of the Province of Ontario and the federal laws of Canada applicable therein and You and EventPay expressly consent, submit and attorn to the jurisdiction of the Ontario courts for all purposes of these Terms and their interpretation, performance and enforcement.

Entire Agreement: These Terms constitute the entire agreement between Users and EventPay with respect to the matters herein and supersede all prior agreements and negotiations, whether written or oral, relating to the subject matter of these Terms. The entering into of these Terms has not been induced by, nor do Users or EventPay rely upon or regard as material, any representations, promises, agreements or statements whatsoever not incorporated in these Terms.

Assignment and Severability: Users may under no condition assign these Terms or any rights or benefits contained in these Terms to another party. If any provision of these Terms is held invalid by any applicable law, rule, order or regulation of any government, or by the final determination of a court of competent jurisdiction, such invalidity will not affect the enforceability of any other provisions of these Terms not held to be invalid.

Contact: If Users have any questions regarding these Terms, please contact us at hello@EventPay.app.