1. Parties to and object of the contract
1.1 GoInvite OÜ (hereinafter referred to as GoInvite), registry code 14662532, address Alu tee 15, Uusküla, Rapla vald, Raplamaa, e-mail firstname.lastname@example.org, shall provide natural or legal persons (hereinafter referred to as the Organizer), who have registered as users in the GoInvite mobile application, with the ticket resale service, that is, reselling electronic tickets to buyers (hereinafter referred to as the Buyer) via a mobile application.
1.2 GoInvite shall provide the Organizer with a service based on a mobile application which enables the Organizer to sell tickets to the Buyer (hereinafter referred to as the Service). GoInvite shall provide the Organizer with the Service via a mobile application information system in the mobile application “GoInvite”.
2. Service content and exclusions
2.1 The Service shall include developing, updating, and maintenance of the Ticket Store as well as accommodation of personal data, resale of e-tickets and organization of the payment option in the Ticket Store via service providers chosen by GoInvite, and user support for the Organizer.
2.2 The Service shall not include the ticket verification service in events held by the Organizer. Ticket verification at a venue shall be arranged by the Organizer independently with the scanning function of the mobile application. For this purpose, the Organizer shall ensure the availability of a mobile phone with a functioning camera and the “GoInvite” mobile application downloaded on the same device.
3. Procedure of paying the GoInvite service charge
3.1 The service charge paid for the Service to GoInvite by the Organizer shall be calculated from the return on ticket sales. The service charge shall amount to 30% of the gross price of sold tickets (hereinafter referred to as the Service Charge), unless the Organizer and GoInvite have agreed otherwise.
3.3 When transferring the ticket sales turnover to the Organizer, GoInvite shall deduct the Service Charge. The Organizer shall authorize GoInvite in its own name to accept the transfer and deduct the Service Charge. In addition, the Organizer shall authorize GoInvite to accept other implementations related to the Service provision. GoInvite shall submit an invoice to the Organizer regarding the deduction of the Service Charge if the Organizer makes the respective inquiry and GoInvite accepts the inquiry.
3.4 All transactions and payments are only in euros.
4. The Organizer’s obligations
4.1 When creating an event, the Organizer shall confirm that they submit to GoInvite correct information on the Organizer’s data, provide customers with all necessary and correct information on the event and tickets when selling tickets in the GoInvite environment, accept the tickets sold in the GoInvite environment, pay a charge for the service provided by GoInvite and avoid damaging any rights and interests of GoInvite, including intellectual property rights.
4.2 Upon signing up as a user of the GoInvite environment, the Organizer shall submit correct information on their personal and contact data to GoInvite. The Organizer shall, among other things, submit the following data:
4.2.1 name (business name in the case of a legal person);
4.2.2 e-mail address;
4.2.3 telephone number;
4.2.4 bank account number (for transferring the ticket sales turnover by GoInvite).
4.3 Upon entering events independently and managing events in the GoInvite environment, the Organizer shall provide customers with all correct information, including ticket prices, time and venue of events as well as event description and information regarding the processing of personal data.
4.4 Upon violation of the previous clauses, GoInvite shall have the right to block the Organizer’s account or remove the Organizer from the GoInvite environment in some other manner. This shall not prevent GoInvite from bringing a claim for the compensation of other damage.
5. Obligations of GoInvite
5.1 GoInvite shall enable the Organizer to organize the sale of tickets in the GoInvite environment, ensure the availability of information regarding the sale of tickets for the Organizer in the GoInvite environment, submit the amount of the ticket sales turnover to the Organizer within 14 days after an event has taken place, from which the Service Charge has been previously deducted according to instructions given by GoInvite.
5.2 In organizing the sale of tickets in the GoInvite environment, GoInvite shall enable the Organizer:
5.2.1 to sell tickets of desired prices and quantities;
5.2.2 to sell two different types of tickets to one event;
5.2.3 to monitor the quantities of tickets bought and verified in real time;
5.2.4 to use the user support.
5.3 GoInvite shall offer the Organizer user support by e-mail and telephone on workdays from 10AM to 4PM. The user support can be contacted at email@example.com or +372 53 920 320. The Organizer shall offer the Buyer primary user support and Buyers shall be able to contact the Organizer after purchasing a ticket via the Organizer’s e-mail address or telephone number. If the Organizer fails to answer the Buyer’s questions or solve the Buyer’s issue, they shall forward the question or issue to GoInvite.
5.4 Ticket sales information shall be available to the Organizer after logging in the GoInvite mobile application environment at any given time, except during maintenance of the GoInvite environment of which the Organizer is previously notified or upon interruptions in using the GoInvite environment beyond the control of GoInvite.
5.5 GoInvite shall enable the Organizer to use a solution within the mobile application which allows the Organizer to check the validity of tickets purchased in the GoInvite environment, validate a valid ticket and mark a ticket as used.
6.1 GoInvite shall resell tickets in the interest of the Organizer and shall not be responsible for the sales conditions or any claims arising from the sales contract. The Organizer shall be responsible for claims.
6.2 GoInvite mediates the tickets on behalf, in the name and at the expense of the Organizer and shall have no right to determine or change ticket prices or sales conditions of the Organizer, including repurchasing or replacing tickets, refunding destroyed, lost, stolen or broken tickets or any other items associated with an event, except in cases specified in clause 6.4. With every ticket purchase, a sales contract shall be concluded between the Organizer and the Buyer. Rights and obligations related to tickets shall be established and notified of by the Organizer, and GoInvite shall not be responsible for the content, changes to or fulfillment of these rights and obligations. The Organizer shall inform Buyers of matters related to personal data.
6.3 GoInvite shall not be responsible for the Organizer’s activities and shall not act as the Organizer’s representative. GoInvite shall not be responsible as a representative of the person responsible for an event taking place, its content, information, advertising and quality. The Organizer shall be the person responsible.
6.4 GoInvite has the right to repurchase tickets or refund the amount paid for a ticket if an event is cancelled, postponed or the venue or other concept is changed which GoInvite considers an essential condition of the contract between the Organizer and Buyer and which could influence the Buyer’s user experience. GoInvite shall refund only the ticket price to the Buyer and shall not be responsible for any other damage or expenses incurred by the Buyer nor for any interests and fines for delay charged to the Buyer of for performing any other accessory obligations of the Buyer. In this case, the Organizer shall have no right to demand remuneration from GoInvite for the sale of tickets.
6.5 Neither the Organizer nor GoInvite shall be responsible for violation of the contract caused by force majeure, including an extensive power failure or internet connection interruption. After the occurrence of force majeure, the Organizer and GoInvite shall continue performing their obligations as soon as possible after the circumstances of force majeure have ended.
6.6 Interruptions may occur in the provision of the service due to the service providers of GoInvite (e.g. maintenance of the payment service or servers). In this case, GoInvite shall not be deemed as violating the contract and GoInvite shall recover the provision of the service at the earliest opportunity.
7. Personal data
7.4 GoInvite shall process personal data for as long as necessary, but as few as possible according to the maximum time necessary for the provision of the Service and the requirements prescribed by law (e.g. matters related to the accounting obligation).
7.5 GoInvite shall have the right to refuse processing personal data in a situation where the Organizer fails to confirm the legality of processing personal data to GoInvite.
7.6 GoInvite shall confirm that the employees of GoInvite and service providers who engage in the processing of the above-mentioned personal data have the obligation to maintain confidentiality.
7.7 GoInvite shall confirm that it uses technical and organizational measures suitable for the protection of personal data.
7.8 GoInvite shall delete or return all personal data related to the provision of the Service if it is not contradictory to the obligation to store personal data pursuant to law.
8.3 GoInvite shall not submit data regarding its cookies to the Organizer.
9. Intellectual property
9.1 The Organizer shall grant GoInvite a free, permanent, global, irrevocable licence with the right of sub-licensing to exercise intellectual property rights related to an event held by the Organizer in the following situations:
9.1.1 for promoting the event held by the Organizer in GoInvite channels;
9.1.2 for using the intellectual property related to an event held by the Organizer in the advertising material of GoInvite, including presentations, advertisements published in media outlets, GoInvite social media channels and in other similar cases.
10. Applicable law and settlement of disputes
10.1 The legislation of the Republic of Estonia shall apply to these conditions and the obligations arising from or related to these conditions.
10.2 Parties shall attempt to settle any disputes arising from or related to the contract by negotiations. Upon failure to settle a dispute by negotiations, the parties shall have the right of recourse to Harju County Court according to the legislation in force in the Republic of Estonia.
10.3 This is a translation of the original terms and conditions in Estonian, which take precedence should there be any differences between the original and the translation.