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GoInvite terms and conditions of use for organizers

14.05.2019

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 info@goinvite.app, 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”.

1.3      By creating an account, the Organizer shall agree with these terms and conditions of use (hereinafter referred to as the Terms of Use).

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.

3.2      The total ticket sales turnover shall first be credited to the account of the payment service provider (Maksekeskus AS at the time of concluding the contract, but GoInvite shall retain the right to change the payment service provider and, if possible, notify the Organizer). The payment service provider shall transfer to GoInvite the ticket sales turnover from which the service charge of the payment service provider is deducted. After the event created by the Organizer has taken place, GoInvite shall transfer to the Organizer the ticket sales turnover within 14 days, if the Organizer and GoInvite have not agreed otherwise. GoInvite shall not transfer to the Organizer the ticket sales turnover if any exclusions given in clause 6.4 of the Terms of Use occur.

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 info@goinvite.app 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.    Responsibility

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

7.1      The Organizer shall consider legislation on the protection of personal data and ensure that the Organizer observe legislation on the protection of personal data. The Organizer shall be responsible for the processing of personal data. Under these Terms of Use, the Organizer shall authorize GoInvite to process personal data as the authorized processor and GoInvite shall process the personal data according to guidelines given by the Organizer.

7.2      Regarding the personal data related to the use of the service, the Organizer shall authorize GoInvite to process personal data specified in clause 4.2 of these Terms of Use to the extent and for the purposes established in these Terms of Use.

7.3      In addition, the Organizer shall give GoInvite the permission to process Buyers’ personal data as an authorized processor in order to fulfil the obligations arising from the provision of the Service to the extent and for the purpose necessary for the provision of the Service. Personal data related to Buyers are specified in the Terms of Use for Buyers and in GoInvite privacy policy.

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.

7.9      Additional information on the processing of personal data is available in GoInvite privacy policy.

8.    Cookies

8.1         GoInvite shall have the right to use cookies in the Ticket Store (cookies) for analysis of a specific event held by the Organizer. In this case, GoInvite shall inform Buyers of the use of cookies. The Organizer shall be responsible to the Buyer for any issues regarding the cookies. 

8.2      Buyers shall have the opportunity to deny the use of cookies on their browsers, but this may result in interruptions in purchasing tickets. 

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.

GoInvite terms and conditions of use for ticket buyers and users

14.05.2019

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 , 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 and shall resell electronic tickets also to buyers who use the mobile application (hereinafter referred to as the Buyer), and shall communicate information on events held by the Organizer to ordinary users who are not registered users of the application (hereinafter referred to as the User).

1.2      The following terms and conditions (hereinafter referred to as the Terms of Use) shall apply to the Buyer when downloading and using the GoInvite mobile application (hereinafter referred to as the Ticket Store).

2.    Content of the service and tickets

2.1      Buyers shall be able to purchase tickets from the Ticket Store which have been uploaded to the Ticket Store by Organizers.

2.2      GoInvite shall resell tickets sold by Organizers via the Ticket Store, but shall not enter into a sales contract with the Buyer and shall not act as the Organizer of events unless GoInvite has clearly specified otherwise with regard to an event. Therefore, GoInvite shall have no right or opportunity to influence the content of events or sales conditions of tickets.

2.3   For purchasing tickets, the Buyer must choose an event to participate in. To confirm the participation, Buyer must first agree to the General and Privacy Terms by ticking the box and then press the "Request to join" button. If the event is free, an QR code as ticket will appear under the same event. If the event is not free, the Buyer will be redirected to the view where the Buyer can choose payment method in the form of Estonian bank links (offered by Maksekeskus AS). Transfers can only be made in euros. After the payment is made, the Buyer receives a QR code as ticket under the same event.

2.4      After joining free event or having paid for the tickets, the Buyer shall immediately receive a ticket purchase confirmation. GoInvite shall send the Buyer a QR code for that purpose. The Buyer shall not receive a separate confirmation by e-mail.

2.5      The Buyer shall agree that GoInvite uses a preferred payment service with the Ticket Store. GoInvite shall not be responsible for matters associated with the payment service. 

3.    Service content for users

3.1      GoInvite shall give the User of the application the right to view scheduled events and gain access to information on events. The Buyer's rights shall not extend to the User and the User shall not be able to purchase tickets via the Ticket Store. In other matters, if relevant to these Terms of Use, the conditions imposed on Buyers shall also apply to Users, including general obligations applicable to Buyers.

4.    Rights and obligations of GoInvite

4.1      If the Buyer submits false information or GoInvite proves the Buyer or User inappropriate on other bases, GoInvite shall have the right to block the Buyer's right of purchase or remove the Buyer from the GoInvite environment in some other manner.

4.2      Upon violation of the Terms of Use related to the Ticket Store, GoInvite shall have the right to unilaterally terminate the use of the Ticket Store by the Buyer and/or cancel a ticket purchase transaction.

5.    Buyer's rights and obligations

5.1      The Buyer shall have the right to purchase tickets to events via the Ticket Store.

5.2      By carrying out any operations in the GoInvite Ticket Store, the Buyer shall confirm that:

5.2.1      he/she is a natural person of at least 18 years of age and has full active legal capacity and the capacity to exercise will (a natural person aged 7–18 shall respectively confirm that he/she has the consent of his/her legal representative for using the Ticket Store as well as necessary funds for purchasing tickets); or

5.2.2      he/she is a legal person whose representative has all the rights for using the Ticket Store in the name of the legal person and for imposing obligations to the legal person;

5.2.3      he/she shall fulfill all Terms of Use of the Ticket Store as required;

5.2.4      the data submitted by him/her is correct.

5.2.5      he/she has no right to withdraw from purchase according to the Estonian Obligations Law (Võlaõigusseadus) §53 lg 4 p72

6.    Intellectual property

6.1      Neither Users nor Buyers shall have the right to copy, download, use, alter, modify or retransfer anything from the GoInvite application without prior explicit written consent of its owner. The use of material protected by rights (except in cases permitted by the Terms of Use) without the permission of GoInvite and (if applicable) the person who owns the respective rights, shall be prohibited. 

6.2      The graphic content of GoInvite and other features related to the GoInvite application, including service marks and trademarks, the name of GoInvite, and intellectual property rights of the GoInvite logo shall be owned by GoInvite. Copying and using these marks, logos or trade names without the prior explicit written consent of the owner shall be prohibited.

7.    Personal data

7.1      GoInvite shall process Buyers' personal data as the authorized processor of the Organizer and, in certain cases, as an independent responsible processor. Matters related to the processing of personal data are specified in GoInvite privacy policy.

8.    Cookies

8.1         GoInvite shall have the right to use cookies in the Ticket Store (cookies) for analysis of a specific event held by the Organizer. In this case, GoInvite shall inform Buyers and Users of the use of cookies.

8.2      Buyers shall have the opportunity to deny the use of cookies on their browsers, but this may result in interruptions in purchasing tickets.

8.3      GoInvite shall not submit data regarding its cookies to the Organizer.

9.    Responsibility

9.1      GoInvite mediates the tickets in the interest of the Organizer and shall not be responsible for sales conditions or claims arising from the sales contract. The Organizer shall be responsible for any claims.

9.2      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 9.3. 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 fulfilment of these rights and obligations.

9.3      If an event is cancelled, postponed or the venue is changed, GoInvite shall compensate for the purchase price of the ticket, provided that the Buyer has paid for the ticket via the GoInvite application and notifies GoInvite of the respective request no later than within 7 days after cancellation of the event or after becoming aware of the cancellation of the event by sending an e-mail at . The ticket price shall be refunded to the Buyer within 14 days after receipt of the request by GoInvite.

9.4      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.

9.5      GoInvite shall not be responsible for any delays in the delivery of tickets caused by the submission of incorrect data by users of the Ticket Store, activities of third persons (including activities of the payment service provider), interruptions in the internet connection between the Ticket Store and the Buyer, and other circumstances beyond the control of GoInvite.

9.6      Upon the occurrence of any issues in the GoInvite application, users may contact GoInvite by e-mail at .

10. Final provisions

10.1    GoInvite shall have the right to unilaterally change these Terms of Use by making the newest version available on the home page of GoInvite and sending a respective notification to Buyers, Organizers and Users.

10.2    The legislation of the Republic of Estonia shall apply to the use of the GoInvite application as well as to the purchase of tickets.

10.3    Any disputes arising from the use of the GoInvite application shall be settled in Harju County Court according to these Terms of Use and pursuant to the legislation of the Republic of Estonia.

10.4    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.