Event Organiser Agreement
- TERMINOLOGY
In these terms and conditions:
- The expressions we, us, our, and Cayman Active refers to Cayman Active, trading as a business within the Cayman Islands.
- The Cayman Active Websites means caymanactive.com and any other website notified to you by Cayman Active that replaces or is additional to the website.
- Cayman Active Platform means the web based software platform together with associated plugins, application program interfaces (API’s), sub-modules, services and support infrastructure created and operated by Cayman Active that enables the creation of Event Listings, sale and distribution of tickets, acceptance of registrations, and collection, storage and access of data relating to events, event organisers and registrants. The Cayman Active Websites are part of the Cayman Active Platform.
- Event Organiser, you and your, refer to a person, corporation or association that uses the Cayman Active Platform to sell tickets and accept registrations for an event.
- Event Listing means an event created by an Event Organiser using the Cayman Active Platform that provides information about an event, and collects and stores ticketing and registration information.
- Listing Content means content an Event Organiser includes in an Event Listing.
- Sensitive information is data that must be protected from unauthorized access to safeguard the privacy or security of an individual or organization.
- Services means any services provided by Cayman Active to you in relation to an event, including access to the Cayman Active Platform, registration and ticketing services, data capture, and additional services as mentioned in section
- User means a person who registers for and/or acquires tickets for an event through the Cayman Active website, or who provides data in relation to an event.
- Vendor means any enterprise that contributes goods or services or a sponsor of an event.
- Vendor Data Capture Question means a question asked of a person attending an event using the Cayman Active Platform in order to obtain user data relevant to a Vendor.
- AMENDMENTS TO TERMS AND CONDITIONS
We reserve the right to amend these terms and conditions from time to time by either posting the changes on the website, and/or by giving you notice in accordance with section 20. It is the responsibility of the Event Organiser responsibility to check the website for changes before creating each Event Listing. The amendments will not apply to an event if the Event Listing was created before notice of the amendment is given. Use of the Cayman Active Platform to create an Event Listing following such notice will indicate agreement to be bound by the terms and conditions as amended.
- PROVISION OF SERVICES
Cayman Active supplies the Cayman Active Platform for use by Event Organisers under a Software as a Service agreement. We do not represent nor are we an agent for the Event Organiser. The Cayman Active Platform allows Event Organisers to create and manage event listings and accept payments for tickets via the platform. As an Organiser, you are responsible for all aspects of your event, including compliance with any existing legislation. Cayman Active provides the Cayman Active platform as-is and makes no representation as to its applicability or suitability for your event.
Cayman Active will provide the following Services on the Cayman Active Platform for each Event Listing:
- ticket purchase;
- content management;
- attendee registration;
- collection, processing and forwarding of ticket payments;
- collection, storage and access to User data; and
- electronic ticket delivery by email.
- FEES AND PAYMENTS
There is a 7% processing fee per Ticket. These fees and charges are the default costs associated with operating your event on Cayman Active platform. Cayman Active reserves the right to modify our fees from time-to-time. All fee changes will be updated on the website at www.caymanactive.com.
- The Event Organiser has the right to absorb or pass the processing fee on to each user.
- If an Event Organiser chooses the option to accept donations, Cayman Active may consider a waiver or reduction in the processing fee.
- We do our best to assist with all chargebacks or claims, however if any Chargeback fee is incurred, this will be passed on in full to Organisers.
- The Cayman Active processing fees are non-refundable. Fees will not be refunded to the user or waived to the Event Organiser whether or not the ticket cost is refunded.
- REGISTRATION
To be an Event Organiser, you must register for an account. Accurate, complete and current information as required by Cayman Active’s registration form (“Registration Data”) must be provided and updated at all times.
- ACCOUNT PASSWORD AND SECURITY
As part of the registration process, you will create a password and account. The confidentiality of the password and security of the account must be maintained and the Event Organiser is fully responsible for all use made of the account. In the case of breach of use, you must establish to our reasonable satisfaction that use of your account was unauthorised. You agree to:
- immediately notify Cayman Active of any unauthorized use of your password or account or any other breach of security; and
- ensure that you exit from your account at the end of each session.
- USE OF THE CAYMAN ACTIVE PLATFORM
Cayman Active grants a non-exclusive, non-transferable right (without the right to sub-license) to access and use the Cayman Active Platform solely for the purposes of creating an Event Listing to be used only for selling and distributing tickets to the event, collecting registrations for users to the event, and collecting, storing and accessing data concerning users and potential users.
An Event Organiser must not:
- remove, alter or hide any of the content on the website or any listing content, other than your own listing content;
- attempt to hack, expose vulnerabilities or otherwise interfere with the operation of the Cayman Active Platform, the website or an Event Organiser website other than your own, or any data stored on it; or
- attempt to monitor API calls, network traffic or other data being transmitted to and from the Cayman Active Platform or website.
- OTHER SERVICES
Cayman Active may, from time to time, offer additional services for an additional fee. Any additional services will be communicated in a separate agreement.
- YOUR DATA
You consent to Cayman Active retaining and using any data that you provide to Cayman Active, or which is obtained by Cayman Active in connection with Your Events from third parties, in accordance with Cayman Active’s Privacy Policy. If there is no charge for ticketing at Your Event, the purposes for which that data may be retained and used by Cayman Active or its related entities include but are not limited to, marketing in accordance with Cayman Active’s Privacy Policy, unless this is prohibited by applicable legislation.
- CODE OF CONDUCT
An Event Organiser agrees to adhere to the following code of conduct, in the creation and management of an Event Listing, ticketing and registration.
Your Listing Content must include a statement of the terms on which tickets are sold to buyers, and if applicable, your Privacy Policy. Your Privacy Policy must not be inconsistent with Cayman Active’s Privacy, and you must comply with both Privacy Policies in the collection, storage, use and disclosure of User data.
All Listing Content, and your management in relation to the Event Listing, must comply with all applicable legislation, including applicable data protection laws.
You must not use the Cayman Active Platform:
- in a manner that is misleading or deceptive;
- to infringe the intellectual property or other legal rights of any person, association or corporation;
- to distribute or publish any material which is obscene, defamatory, threatening or abusive, or which vilifies any group of persons, business or association or to provide links to another website which contains or promotes such material;
- for any purpose or activity, or in any manner which is unlawful, or to promote any such activity;
- to access, store, distribute or use personal information in breach of any applicable legislation, Cayman Active’s Privacy Policy or your Privacy Policy;
- without Cayman Active’s prior written agreement, to collect from Users any Sensitive Information;
- to interfere with or disrupt Cayman Active or its business, or those of users of the Cayman Active Platform, or their computers, software or hardware, including by the propagation of computer worms and viruses; or
- to access any computer or data without authoris
Cayman Active may remove Listing Content that it considers does not comply with these Terms and Conditions without prior notice to you.
- PAYMENTS
Cayman Active supplies the Cayman Active platform under a Software as a Service agreement. The platform offers a suite of functionality including the ability to accept payments for ticket purchases, donations or other purchases for your event. In providing the ability to accept payments via Cayman Active’s payment gateway, Cayman Active is able to collect payments by credit card via the Cayman Active platform.
Cayman Active will remit the ticket payments it collects to you one (1) business day after the completion of the event. You must provide enough information to permit the payment to be made by electronic funds transfer. Cayman Active accepts no responsibility for recovery of lost funds as a result of incorrect banking details being supplied to us.
- CHANGES TO AN EVENT OR TICKET
It is the sole responsibility of the Event Organiser to notify all registered users to their event listing of any material changes to an event or the ticket which they have purchased through the Cayman Active Platform, including changes to the venue, program, performers, speakers, presenters, facilities, quantity of the remaining tickets available or total tickets on offer and any other information related to the Event which directly or indirectly affects the Users experience, participation, or expectations of the Event, based on the Event Listing.
Changes to the date or material changes to the time of an event must be treated as cancellations in accordance with section 13.
- CANCELLED EVENTS
If you cancel an event for which you have created an Event Listing on the website, you must notify Cayman Active immediately.
Within 24 hours of cancelling the event, you must:
- provide Cayman Active written authorisation to refund in full any payments made by Users in relation to that event; or
- written communication that you will provide each User with an alternative remedy acceptable to that User (such as tickets to a rescheduled date or other event) within three (3) business days of the cancellation.
If you do not provide us with evidence that you have done so within five (5) business days of the cancellation, we may, (but are not obliged to) refund all or some payments made by Users in relation to that event on your behalf, and charge you an additional fee for that service.
The additional fee to the Event Organizer would not apply if the Event is cancelled due to circumstances beyond their control such as natural disaster, government policy, or safety reasons. This does not include mismanagement caused by the Event Organizer and/or any third party or other personnel directly or indirectly related to and used for the success of the Event.
- COPYRIGHT
Copyright in the Cayman Active Platform (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by Cayman Active. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright (Cayman Islands) Order, 2015 and similar legislation which applies, and except as expressly authorized by these Terms and Conditions or by Cayman Active in writing, you may not in any form or by any means:
- adapt, reproduce, store, distribute, print, display, perform, publish or create new works from any part of the Cayman Active Platform; or
- reverse engineer, decompile, or otherwise try to access the source code, user flows or application architecture of the Cayman Active Platform.
- WARRANTIES AND LIMITATION OF LIABILITY
Cayman Active does not give any express warranties in relation to the Cayman Active Platform or the Services, including warranties that:
- you, Vendors or Users will have continuous access to, or usage of the Cayman Active Platform or the Services; or
- data stored on Cayman Active servers will not be lost or corrupted;
- it will be possible to restore your data from Cayman Active’ back up media; or
- it will be able to prevent unauthorized persons obtaining access to the Cayman Active Platform or your Event Listings.
- Any condition or warranty which would otherwise be implied into these Terms and Conditions is excluded, unless it would be unlawful to do so.
Cayman Active’ liability to you in relation to the Cayman Active Website, the Services or these terms and Conditions on any legal basis is limited, to the extent it is lawful to do so, to one or more of the following:
- the supplying of the Services again; or
- the payment of the costs of having the Services supplied again.
- INDEMNITY
You agree to indemnify Cayman Active from any claims, damages, costs, expenses and liabilities (including legal costs on an indemnity basis) arising out of or in connection with:
- your breach of these Terms and Conditions;
- any unauthorised disclosure or use of information obtained through use of the Cayman Active website or an Event Listing by you, or a Vendor, or by use of your account by any person;
- any contract between you and a User or a Vendor; or
- Any amount paid by a User through your Event Listing that Cayman Active is required to repay, including payments required by a credit card issuing institution because the payment was not authorised, was successfully disputed by the customer, was the result of fraud, or because the event was cancelled.
- SUSPENSION OF SERVICES AND ACCESS
Cayman Active may from time to time without prior notice to you suspend the Services, deny you access to the Cayman Active Platform, or delete your Event Listings if:
- it is necessary to do so due to any technical failure of, or for the upgrading or preventative or remedial maintenance of Cayman Active’s computer systems and software;
- In Cayman Active’s reasonable opinion, and in its sole discretion, your use of the Cayman Active website or the Services, or your Event Listing content is unlawful;
- without Cayman Active’s prior written consent, you collect, or engage in conduct that is likely to result in the collection of Sensitive Information from Users;
- In Cayman Active’s reasonable opinion, and in its sole discretion, it is required by law to do so; or
- In Cayman Active’s reasonable opinion, and in its sole discretion, your use of the Services or the Cayman Active website adversely affects other Event Organisers or Users, or the integrity of Cayman Active and it’s computer network.
Cayman Active may, on giving you two business days’ notice, suspend your right to use the Cayman Active website and the Services to create new Event Listings if you breach these Terms and Conditions. Access will not be reinstated until the breach is remedied if capable of being remedied, and any loss, damage, costs and expenses incurred by Cayman Active in relation to the breach are compensated in full.
- TERMINATION
Cayman Active, in its sole discretion, may terminate its agreement with you and your right to use the Cayman Active Platform and the Services any time by giving you at least one (1) weeks’ notice. On termination of Cayman Active’s agreement with you it may deactivate, delete or bar your access to your account. All Event Listing content and files related to your account, will also be deleted.
Sections 9, 11, 13 to 18 and 21 survive termination or expiration of your agreement with Cayman Active.
- SUB-CONTRACTS
Cayman Active may sub-contract the performance of its obligations under these Terms and Conditions without obtaining your consent.
- NOTICE
Any notice under these Terms and Conditions shall be in writing. We may deliver notices to you by email to your email address as provided by you to us when necessary. Notice will be treated as given on receipt by the sender of notification that the email has been received by the recipient’s email server, but if the delivery or receipt is not on a business day or is after 5:00pm on a business day in the place where it is received, the notice shall be considered received at 9:00am on the next business day.
It is your responsibility to notify us of any changes to your contact details.
Any notice from you to us shall be sent in writing to our email address info@caymanactive.com, or another email address notified by us to you.
- GOVERNING LAW
This Agreement (and the validity and enforceability of this Agreement) shall be governed by the law of the Cayman Islands, without reference to conflicts of law.
