EVENTASTIC - Terms of Service


Introduction


Welcome to EVENTASTIC.COM . This website is owned and operated by Giftopia Inc. By visiting our website (Eventastic, Eventastic Weddings and Eventastic’s Giftopia) and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as 'User Agreement'), along with the terms and conditions as stated in our privacy policy (please refer to the privacy policy section below for more information).


We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this user agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.


Responsible Use and Conduct


By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.


Wherein, you understand that:


a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.


b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.


c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.


d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.


e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.


f. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.


g. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website or to an Eventastic event page created by you or someone else, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:


i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;

ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;

iii. Contains any type of unauthorized or unsolicited advertising;

iv. Impersonates any person or entity, including any EVENTASTIC.COM and/or Giftopia Inc employees or representatives.


We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.


h. We do not assume any liability for any content posted by you or any other 3rd party users of our website or Eventastic event page. However, any content posted by you using any open communication tools on our website or Eventastic event page, provided that it doesn't violate or infringe on any 3rd party copyrights or trademarks, becomes the property of EVENTASTIC.COM and/or Giftopia Inc, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our privacy policy.


You agree to indemnify and hold harmless EVENTASTIC.COM and/or Giftopia Inc and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. You also agree to hold Eventastic.com and /or Giftopia Inc harmless for any loss incurred by you directly or indirectly associated with Eventastic and its software. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.


DESCRIPTION OF EVENTASTIC.COM ECOMMERCE TRANSACTIONS


Eventastic.com’s ecommerce functionality provides a simple and quick means for registered users who are event organizers and planners to collect payments with respect to the sale of tickets/registrations, goods or services, items and services, cash gifts and cash donations with respect to events registered on Eventastic from guests/attendees who want to attend such events.


Payments are either transacted through PayPal or Stripe.

Please click here to see PayPal's user agreement.

Please click here to see Stripe's user agreement.


These terms and service applies to you and your use of the services as an event organizer, user, buyer and/or other non-organizer user or visitor of the services.


The Services.


EVENTASTIC.COM and/or Giftopia Inc hereby grants you a non-exclusive, non-transferable, non-sublicensable right to access and use Eventastic.com and its services solely for the purposes of creating an event page, utilizing the tools and Eventastic programs (affiliates, consultant, EvenRep program) for your events, browsing the site, and searching for, viewing, registering for, and interacting with an event that is registered on Eventastic, in each case in compliance with this terms of service, and to the extent permitted under all applicable laws and regulations (foreign and domestic).


Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly:


a. Modify, reproduce or otherwise create derivatives of any part of the services, tools or Eventastic site content;


b. Reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the services;


c. Rent, lease, resell, distribute or use the services for timesharing, service bureau, or commercial purposes;


d. Remove or alter any proprietary notices or labels on or in the Eventastic services or site content;


e. Engage in any activity that interferes with or disrupts the services;


f. Engage in any fraudulent activity or activity that facilitates fraud.


Refunds.


It is the responsibility of the event organizer, and not EVENTASTIC.COM and/or Giftopia Inc, to communicate the refund policy to buyers (or donors).


If you are a buyer and you wish to request a refund in connection with an event, you should contact the applicable organizer directly or through support@eventastic.com with event name, date and reason for request.


All communications or disputes regarding refunds are between the organizer and buyer. EVENTASTIC.COM and/or Giftopia Inc will not be responsible or liable in any way for refunds, errors in issuing refunds, or lack of refunds in connection with the services. All communications and disputes regarding chargebacks and refunds are between the organizer and buyer. EVENTASTIC.COM and/or Giftopia Inc will not be responsible or liable in any way for chargebacks in connection with a buyer's use of the services.


FEES.


- Guests purchasing tickets and/or donating or gifting cash are charged the standard Paypal processing fee of 2.9%, plus a fee of 30 cents per transaction. Organizers have a choice to pay this themselves or charge it to the ticket buyers / donors. The Paypal fee is not under the control of Eventastic and/or Giftopia Inc.


- Organizers involved in ecommerce transactions are charged an Eventastic fee that includes a processing fee of 2.5% and a transaction charge of $0.99 for each ecommerce item (excluding tickets) processed in events organized on eventastic.com


- Ecommerce items includes cash gifting, cash donations and sales of items, goods and/or services done through eventastic.com


-Tickets priced $0.01-4.99 will incur a charge of $0.25, Tickets priced $5.00-9.99 will incur a charge of $0.50, Tickets priced $10.00-19.99 will incur a charge of $0.75, Tickets priced $20.00+ will incur a charge of $0.99


- The processing fee of 2.5% will never exceed $9.99.


For example, a $100 donation will be charged a processing fee of $2.50, however a $1000 donations will be charged a processing fee of $9.99 and not $25 (2.5% of $1000).


- All fees will be withheld from the organizer's cash out request when the request is made. Cash out delays are subject to Paypal and not determined by EVENTASTIC.COM and/or Giftopia Inc or its affiliates.


Click here to see Paypal's user agreement


Privacy


Your privacy is very important to us, which is why we've created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. To read our privacy policy in its entirety, click here.


Your Consent


By using our site, you consent to our online privacy policy.


Eventastic Programs


Eventastic provides programs to the event organizers which helps them to promote, manage and market their event. These programs include the EventRep program, the Eventastic Affiliate program and the Eventastic Consultant program.


EventRep Program Agreement


Eventastic’s EventRep program makes it possible for organizers to offer third parties ("event reps") rewards (monetary and / or non-monetary) in exchange for referring buyers to their event(s). Eventastic will make a good faith effort to provide information and instructions as necessary to use the EventRep program correctly. Use of the EventRep functionality in any capacity requires user to comply with all such instructions. These instructions can be found here.


Eventastic Affiliate program


The affiliate program is an ideal complement to venue providers, caterers, event planners and others, providing them with access to powerful online event planning capabilities designed to increase revenues, increase traffic and increase engagement. The terms and conditions for the affiliate program can be found here.


Eventastic Consultant program


The Eventastic consultant program offers advertising fee to independent contractors to promote Eventastic to affiliates. The terms and conditions for the Eventastic consultant program can be found here.


Limitation of Warranties


By using our website, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that:


i. The use of our Resources will meet your needs or requirements.


ii. The use of our Resources will be uninterrupted, timely, secure or free from errors.


iii. The information obtained by using our Resources will be accurate or reliable, and


iv. Any defects in the operation or functionality of any Resources we provide will be repaired or corrected.


v. Any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content. No information or advice, whether expressed, implied, oral or written, obtained by you from EVENTASTIC.COM and/or Giftopia Inc or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.


Limitation of Liability


In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of our services.


EVENTASTIC.COM and/or Giftopia Inc will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.


Copyrights/Trademarks


All content and materials available on EVENTASTIC.COM and/or Giftopia Inc , including but not limited to text, graphics, website name, code, images and logos are the intellectual property of EVENTASTIC.COM and/or Giftopia Inc and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content of/ on this site is strictly prohibited, unless specifically authorized by EVENTASTIC.COM and/or Giftopia Inc.


Termination of Use


You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation to breach of this user agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.


Governing Law


This website is controlled by EVENTASTIC.COM and/or Giftopia Inc from our offices located in the province of Ontario, Canada. It can be accessed by most countries around the world. As each country has laws that may differ from those of Ontario, by accessing our website, you agree that the statutes and laws of Ontario, without regard to the conflict of laws of the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of Eventastic.com and the purchase of any products or services through Eventastic.com.


Furthermore, any action to enforce this user agreement shall be brought in the federal or provincial courts located in Canada,. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.


Guarantee


UNLESS OTHERWISE EXPRESSED, EVENTASTIC.COM and/or Giftopia Inc EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.


Agreement


You agree that this Agreement shall be governed for all purposes by and construed in accordance with the laws of the Province of Ontario. Any dispute arising out of this Agreement shall be properly brought in the Courts of the Province of Ontario or Federal Court in the Province of Ontario. If any provision of this Agreement shall be declared excessively broad, it shall be construed so as to afford Eventastic.com and/or Giftopia Inc the maximum protection permissible by law. If any provision of this Agreement is void or is so declared, such provision shall be severed from this Agreement, which shall otherwise remain in full force and effect.


Contact Information


If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:


support@eventastic.com or call us at the toll free number: 1-877-318-0066


Glossary of terms


Eventastic charges: This includes two components:


(a) Transaction charge: A transaction charge by Eventastic for every ecommerce item processed in events organized on Eventastic platform.


(b) Processing fee: A processing fee is charged by Eventastic for every ecommerce item processed in events organized on Eventastic platform.


Ecommerce items: Ecommerce items includes online ticket sales, cash gifting, cash donations and sales of goods or services, items and/or services done through Eventastic’s platform.


Any purchase must either include local and federal sales taxes or must be treated according to the laws in the state or province in which the sales occurs.


PayPal fee: All ecommerce transactions in Eventastic are done via Paypal and subject to standard Paypal processing fee. This fee is not within the control of Eventastic and/or Giftopia Inc.


Affiliate: Venues, caterers and other organizations who support Eventastic by displaying Eventastic links and tools on their website. Visitors visiting affiliate website can click on Eventastic tools and links to create event page using Eventastic’s platform.


Affiliate Refund fee: Fees affiliates receive for displaying Eventastic tools and links on their website.This fee includes a percentage of the Eventastic transaction charge for qualifying transactions as defined in the affiliate agreement.


Eventastic tools: Eventastic’s tools” includes “Create Event” button, “Visual event listing ” dashboard and  “Get Tickets” widget displayed on affiliates site to earn refund fees for qualifying transactions as defined in the affiliate agreement.


Consultant: Independent contractor who promote Eventastic links and tools to affiliates.


Consultant Advertising fee: This fee is the monetary benefit received by the consultant to promote Eventastic among affiliates. The advertising fee is a percentage of the Eventastic transaction charge for all the events created through the “Create Event” button on the affiliate’s website tagged to a consultants account through his/her unique consultants link.


EventRep: Individuals appointed by event planners to promote their events. Event planners can send each event rep a unique Eventastic link which they use to promote the event. This allows the event planner to track the number of tickets sold by each event rep and reward them accordingly.


EventRep Rewards: Monetary and /or non-monetary benefits received by the event reps from the event organizers for promoting an event.


Community Events: Any event put on Eventastic’s listing without ticketing functionality from anyone other than Eventastic. Those with other ticketing are subject to removal.




Privacy Policy


What information do we collect?

We collect information from you when you register on our site or subscribe to our newsletter.
When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address or phone number. You may, however, visit our site anonymously.


What information do we collect?

Any of the information we collect from you may be used in one of the following ways:


a. To personalize your experience
(your information helps us to better respond to your individual needs)


b. To improve customer service
(your information helps us to more effectively respond to your customer service requests and support needs)


c. To process transactions
Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.


d. To administer a contest, promotion, survey or other site feature


e. To send periodic emails


f. The email address you provide for order processing, may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc.


Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.


Do we use cookies?

Yes (Cookies are small files that a site or its service provider transfers to your computers hard drive through your web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information)


We use cookies to help us understand and save your preferences for future visits, keep track of advertisements and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.


If you prefer, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies via your browser settings. Like most websites, if you turn your cookies off, some of our services may not function properly. However, you can still organize events.


Do we disclose any information to outside parties?

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.


Third-party links

Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.


We may also promote your events at third party websites if you choose to publish your event. Events which are marked private by you will not be promoted in third party websites.


Information collected by third parties

We may allow third parties, including our authorized service providers, advertising companies, and ad networks, to display advertisements on our site. These companies may use tracking technologies, such as cookies, to collect information about users who view or interact with their advertisements. Our website does not provide any personal information to these third parties. This information allows them to deliver targeted advertisements and gauge their effectiveness. Some of these third-party advertising companies may be advertising networks which offers a single location to opt-out of ad targeting from member companies.


Information about others

We may also collect and store personal information about other people that you provide to us, including email address, street address, city, state and ZIP code and/or other information. If you use our website to send other people (for example, friends, relatives, colleagues, etc.) information that may interest them, invitations or correspondence, or other communications through our system, we may store your personal information, and the personal contact information of each such recipient. We use guests' contact information to allow them to respond to and comment on your Bingemans Inc. event page. We may send reminders to your guests, other event related information and we may display their email address or other information to other guests of the same event. We also may send post-event communications to the event organizers and their guests. We may use the information you provide in your reminders to be sent to you and others to whom you have requested it be sent. Other than as described in this policy we will not intentionally sell or otherwise disclose guest contact information you submit to any third party. We may also collect guests' contact information in order to provide certain services through our site.


Third-party websites

There are a number of places on our website where you may click on a link to access other websites that do not operate under this privacy policy. For example, if you click on an advertisement or a search result or an affiliate link on our website, you may be taken to a website that we do not control. These third-party websites may independently solicit and collect information, including personal information, from you and, in some instances, provide us with information about your activities on those websites. We recommend that you consult the privacy statements of all third-party websites you visit by clicking on the "privacy" link typically located at the bottom of the webpage you are visiting.


Children's Online Privacy Protection Act Compliance

We are in compliance with the requirements of COPPA (Children's Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.


Online Privacy Policy Only

This online privacy policy applies only to information collected through our website and not to information collected offline.