·         Introduction

This page, together with our Privacy Policy and the Website Terms of Use tells you information about us and the legal terms and conditions (the "Terms") on which we make available to you our online ticket-selling solution (the "Service"). Please read these Terms carefully and make sure that you understand them before signing up to the Service.

·         Information about us

Eticks.io and any of their sub-domains is a site operated by Eticks, which is the trading name of CLOUDGATE Pvt Ltd ("we", “our”, “us”). We are registered in Ireland under company number 646039 and have our registered office at 77, Lower Camden Street, Dublin-2, D02 XE80. Our VAT number is IE 3600167MH. You can contact us by emailing info@eticks.io

·         Our contract with you

You agree to these Terms and you enter into a binding contract with us when you sign up for an Eticks account by clicking “Sign Up” or similar buttons on our website or download any of our apps. If you do not agree to any portion of these Terms of Service, please do not use or access the Service. We may amend these Terms from time to time. You should check the website (www.eticks.io/terms-and-conditions) from time to time to review the then current Terms, as they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms: (a) located on particular pages at the website; or (b) notified to you, from time to time.

·         Nature of the service

Our Service is web-based and allows registration for an account to access our online platform to sell and manage event tickets online. You may register for an account only if you are the event organizer or an authorized ticket seller (and have the event organizers express written permission for all the events you are selling tickets for) (“Event Organizer”). If you will be using the Services on behalf of an entity, you agree to these Terms on behalf of that entity and represent that you have the authority to do so. We provide the Service to you and have no relationship with your customers (“Ticket Buyers”). When you sell tickets to Ticket Buyers through the Service, the contractual relationship is between you and the Ticket Buyer. You are responsible for providing your own terms of sale with your Ticket Buyers and accordingly, we will direct any Ticket Buyer who raises queries regarding your events to you. You agree:

o     To handle all communication with your Ticket Buyers and not to refer them to us for customer support.

o     To respond to any queries you receive from Ticket Buyers within 5 days.

o     To notify your Ticket Buyers immediately, and update your Eticks event page, if your event is canceled, postponed or has a material change from the original information given when the event was first put on sale.

We reserve the right to suspend or terminate your access to the Service if you fail to adhere to these contractual relationship requirements with your Ticket Buyers. When using the Service, you shall:

o     Provide us with such information and material as we may reasonably require in order to supply the Services and ensure that such information is accurate in all material respects.

o     Maintain and promptly update all information and material as may be required by us in order to supply the Services to keep it true, accurate and complete; and

o     Cooperate with us in all matters relating to the Service.

Access to the Service may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control. Your access to the Service may also be suspended, or your account may be canceled at any point, at our discretion, including (but not limited to) if we suspect that you are using the Service for fraudulent or criminal purposes, if we are advised to by law enforcement agencies or if you have failed to pay the service fee (in which case we would typically notify you of the non-payment before suspension or cancellation).

·         Your account

On sign up you are immediately able to set up your event, create tickets for your event and, subject to having set up an account with a Payment Processor, sell tickets for your event. You must be 18 to set up an account.

You can add Credits or make changes to your account in accordance with the functionality available in your account dashboard. You may close your account at any point in time: 72 hours notice is required to close your account. You should make sure that you have taken a copy of any of Your Content that you wish to retain before closure of your account is effective by using the export functionality in your account dashboard. Your Content will be deleted after closure of your account.

For your convenience we will keep your account open for 24 months after your last sign in, in case you decide to use our Service again. Prior to closing your account and deleting Your Content in your account, we will attempt to send warning emails to your account email address so that you have an opportunity to keep your account open or export any data that you wish to retain. You can close your account at any time by emailing our customer support team at info@eticks.io from the email address of the account owner.

We will not refund any fees already paid for the Service or for any Credits you may have at the time of closure.

30-Day Money Back Guarantee

The Eticks 30-day money back guarantee allows you to try our Service for one month (from the point of creating your account) and receive a full refund if you are not happy with the product. If you decide that Eticks is not the right tool for your needs, please send an email to info@eticks.io with the subject line ‘30-day money back guarantee’ within 30 days of creating your account and let us know why you were not satisfied. Our customer support team will review your request and issue a refund:

Account Security

You are responsible for maintaining the confidentiality of your account, and are fully responsible for all activities that occur as a result of access to your account using your access credentials. Where we have given you (or where you have chosen) a password or API key which enables you to access your account, certain parts of our website or apps, or you have invited team members to access your account, parts of our site or apps, you are responsible for keeping this password or API key confidential. You should not share a password or API key with anyone. You agree to immediately notify us by emailing info@eticks.io of any unauthorized use of your password, API key or account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this provision.

Transmission of information via the internet is not completely secure. We cannot guarantee the security of your data transmitted to our site and any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.

·         Payment Processors

Our Service allows you to take payments for your event from Ticket Buyers online using payment processors with whom we have partnered: Stripe Payments Europe, Ltd (“Payment Processor”). Your use of the payment service requires you to set up an account with the Payment Processor you wish to use which will be subject to the Payment Processor’s own terms and conditions and privacy policy. You will have a direct relationship with the Payment Processor and will be required to read and accept their terms and conditions before taking payments from Ticket Buyers via the payment services offered through our Service.

In carrying out certain functions, the Payment Processor acts as a data processor to both you and us but in other respects it acts as controller. Payment Processor activities carried out as controllers are carried out in accordance with the Payment Processor’s own privacy policy. By using our payment service, you acknowledge and agree to us sharing personal information and/or information about your transactions made via our Service with the Payment Processor. If we receive notice from the Payment Processor that your use of our payment service is in breach of their terms or of any agreement between you and them, you and us or you and a Ticket Buyer or appears fraudulent, in breach of money laundering regulations or is part of other harmful activity, we may take actions including, but not limited to, those necessary to rectify your breach, removing your ability to use our payment service and/or the suspension or termination of your account. The Payment Processor reserves the right to refuse the use of its payment services to anyone, for any reason, and at any time.

See the Stripe terms and privacy policy at Stripe Services Agreement and Stripe Global Privacy Policy.

We have no responsibility for, and hereby disclaim all liability (including, but not limited to) any losses, costs, fees and penalties of whatever nature arising from the service provided to you by the Payment Processor, including the acts and omissions of the Payment Processor.

·         Our fees

The fees for using our Service are set out on our website and are charged on a usage basis. A chargeable use or activity is the sale of a ticket, the reservation of a seat or other chargeable activity that we make available through the Service (an “Activity”). We may also offer add-on services which will be charged as specified on our website or as agreed with you.

We will send you a monthly statement and invoice by email showing all fees and applicable taxes you have paid or are payable to us. Our fees are non-refundable, even if an event is canceled. In some circumstances we may agree to a different process for the payment of our fees, in which case, each invoice submitted to you by us is payable within 10 days from the date of the invoice. Without prejudice to any other right or remedy that we may have, if you fail to pay us on or before the due date (including if a card payment fails), we may:

o     Charge interest at a rate of 7% from the due date for payment until payment is made and you shall pay interest immediately on demand; and/or

o     Suspend the provision of the Service until payment has been made in full; and/or

o     Suspend the issue of any Credits until payment has been made in full.

Box offices may issue free tickets on our platform and incur no fees. Please note that we operate a ‘fair use’ policy which means that any box office using Eticks for free should not collect ticket funds by circumventing our payment providers and therefore our fees in order to benefit from this offer. Box offices identified as doing this will be asked to start taking payment via our platform. Box offices who do not comply with this may be suspended.

·         Use of our website

Your use of our website is governed by our Website Terms of Use. Please take the time to read these, as they contain important terms which apply to you.

·         How we use your personal information

We only use your personal information in accordance with our Privacy Policy . Please take the time to read our Privacy Policy, as it includes some important terms which apply to you.

·         Use of Ticket Buyers’ and event attendees’ personal information

Protection of personal information is very important to us. For any personal information provided by your Ticket Buyers that we handle as part of the Service ("Customer Data"), the provisions of this section 10 apply.

Data Protection Law means: (i) any data protection legislation from time to time in force in Ireland and the EU including the Data Protection Act 2018 and GDPR, the General Data Protection Regulation ((EU) 2016/679) and any other applicable law or regulation relating to privacy; and (ii) all data protection and privacy legislation applicable to a party in the processing of personal data pursuant to the provision of the Service.

You and we agree to comply with all applicable Data Protection Laws and that you are the controller and we are a processor of personal data in Customer Data. You hereby agree that:

o     You will ensure that you have all necessary appropriate consents and notices in place to enable lawful transfer of Customer Data to us for the duration of Service and for us to carry out the processing in accordance with the provision of the Service, including informing Ticket Buyers and event attendees of how their Customer Data will be handled by you and by us in connection with your use of the Service; and;

o     You have sole responsibility for establishing and maintaining the lawful basis of the our processing of Customer Data under these Terms, including where applicable the obtaining of all necessary consents from the customers and event attendees; and

o     Where you export your Customer Data during your use of the Service (for example exporting a list as a spreadsheet, downloading data to the check-in app, or synchronizing a MailChimp account), you are responsible for ensuring that your use of that Customer Data is compliant with Data Protection Laws and the terms in place between you and Ticket Buyers and/or event attendees.

A description of our processing of Customer Data is set out in Appendix 1 to these Terms. In respect of our handling of the Customer Data, we agree that we shall:

o     Only process Customer Data to provide the Service to you in accordance with the functionality of the Service, these Terms and lawful instructions reasonably given by you to us from time to time, or as otherwise required by law and will not further sell or use Customer Data in any manner;

o     Notify you if, in our opinion, an instruction from you infringes any Data Protection Law (provided always that you acknowledge that you remain solely responsible for obtaining independent legal advice regarding the legality of your instructions and that a failure or delay by us to identify that an instruction infringes Data Protection Law shall not cause us to be in breach of our terms nor relieve you from your liability under this these Terms);

o     Ensure that our personnel engaged in the handling of Customer Data are informed of the confidential nature of the Customer Data and are subject to binding confidentiality obligations;

o     Ensure that we have in place appropriate technical and organizational measures to protect against unauthorized or unlawful processing of Customer Data and against accidental loss or destruction of, or damage to, Customer Data, appropriate to the harm that might result from the unauthorized or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymisation and encrypting personal data, ensuring confidentiality, integrity, availability and resilience of our systems and services, ensuring that availability of and access to personal data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organizational measures adopted by us)

o     Assist you in ensuring compliance with your obligations under the Data Protection Law with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;

o     Inform you promptly if any Customer Data is lost or destroyed or becomes damaged, corrupted, or unusable or is otherwise subject to unauthorized or unlawful processing, including unauthorized or unlawful access or disclosure;

o     To the extent permitted by law, promptly notify you upon receipt of any request from a data subject to access, correct, amend, transfer or delete such person’s Customer Data (including consumer requests relating to knowledge, access, deletion, or opt out under the CCPA) and, at your cost, provide all reasonable assistance to you in relation to such request;

o     On termination of the Service, we will return, or destroy (at your direction), Customer Data in our possession or control unless applicable laws require the continued storage of such Customer Data. Such deletion may take us up to 7 days to action and, following deletion from our live systems, it may take up to a further 30 days for the data to be deleted from our back-ups; and

o     Make available to you all information reasonably required to demonstrate compliance with this section 10 and, at your cost and no more than once in each 12 month period, contribute to audits conducted by you or another third party professional independent auditor mandated by you.

You acknowledge and agree that, as a data processor, we may appoint service providers as sub-processors to process Customer Data in connection with the provision of the Service, in which case we will ensure that our contracts with our sub-processors impose on the sub-processors obligations that are equivalent to the obligations to which we are subject to under this section 10 and that we will be responsible for the acts and omissions of our sub-processors. In some circumstances our service providers may process Customer Data outside of the EEA, including in the US. If we engage a processor that transfers Customer Data outside of the EEA, we will make sure appropriate safeguards such as an adequacy decision, binding corporate rules or standard contractual clauses in relation to the transfer are in place. You consent to the transfer of Customer Data outside of the EEA by our service providers.

When transactional emails (e.g. order confirmation emails) are sent out to your Ticket Buyers and event attendees, your account email address is specified by default as the 'reply-to' address in the email to make it convenient for your Ticket Buyers and event attendees to reply directly to you with any questions. You can change these settings in the control panel if you do not wish your account email address to be exposed to Ticket Buyers, but please be aware that we will still direct all queries and complaints that we receive from your Ticket Buyers and event attendees to you.

·         Event Organizer content and Acceptable Content Standard

As between you and us, you own all rights in and have responsibility for ensuring the legality, reliability, integrity, accuracy and quality of all content (which may include, text, pictures, information about your event, event reviews, comment) which you upload to our Website (“Your Content”). By uploading Your Content, you grant us an unconditional, non-exclusive, transferrable, royalty-free, worldwide license to use Your Content in any manner necessary for the provision of the Service.

You have options within your account dashboard to manage whether your events are published to search engines or are kept private. Where an event is not private, you grant us an unconditional, non-exclusive, royalty-free, worldwide license to further use Your Content to promote our Service

You must comply with the following Acceptable Content Standards when submitting Your Content to our Website:

o     You must ensure Your Content is accurate and complies with applicable law in any country from which it is posted; and

o     You must not use our website to collect content from Ticket Buyers or event attendees which you do not need, for example, Ticket Buyer card details (these should only be collected by the Payment Processor), Ticket Buyer government or social security numbers, Ticket Buyer passwords or any other excessive or unnecessary personal data, in particular special category data being information revealing racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership, physical or mental health conditions, sexual life, sexual orientation, biometric or genetic data. This provision does not prevent you from collecting special category data to the extent this is necessary for your event eg to allocate seating for people with disabilities.

o     Your Content must not:

·          be unlawful, harmful, threatening, defamatory, obscene, deceitful, fraudulent, infringing, harassing, morally repugnant or racially or ethnically offensive;

·          Facilitate illegal activity;

·          Depict sexually explicit images;

·          Promote violence;

·          Be discriminatory based on race, sex, religion, nationality, disability, sexual orientation or age;

·          Infringe any copyright, database right, trade mark or any other intellectual property right of any other person; or

·          Conceal identity or be likely to deceive any person.

·          Depict sexually explicit images;

o     We may remove Your Content from our Website and Service where, in our sole opinion, it violates our Acceptable Content Standards. We reserve the right to suspend or terminate your access to the Service if you materially breach our Acceptable Content Standards, to seek reimbursement from you of any costs we incur resulting from your breach and to disclose information to law enforcement authorities as required or as we deem reasonably necessary.

·         Intellectual property rights

We are the owner or the licensee of all intellectual property rights in the Service, the website, and in the material published on it (other than Your Content) and any necessary software used in connection with the Service (“Software”). These works are protected by copyright laws and treaties around the world. All such rights are reserved. Except as expressly authorized by us, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, the website or the Software, in whole or in part.

You acknowledge that we will collect data on your use of our website and Service for performance and service analysis. You grant us a world-wide, royalty-free, non-exclusive, perpetual license to use non personally identifiable information from such data for the purposes of our business.

·         Disclaimer

While we endeavor to ensure that the Service is available 24 hours a day, we do not guarantee the availability of the Service and shall not be liable if for any reason the Service is unavailable at any time or for any period. Access to the Service may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control. We do not warrant the accuracy and completeness of the material on the website. We may make changes to the material on the website, or to the functionality of the Service, at any time without notice. The material on the website may be out of date, and we make no commitment to update such material. We will provide the Service with reasonable care and skill. The Service and the material on the website is provided “as is” and except for the warranties contained in these Terms, to the maximum extent permitted by law, we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions of satisfactory quality and fitness for particular purpose).

·         Liability

We are not a party to any transactions, other relationships, or disputes between you and Ticket Buyers or you and event attendees. Furthermore, we do not pre-screen Ticket Buyers and are not responsible for any fraudulent transactions by Ticket Buyers. We exclude any and all liability arising out of any actions that we may take in response to breaches of our Acceptable Content Standards and these Terms. You agree to indemnify us and our officers, directors and partners from any cost, claim or demand, including reasonable legal fees:

o     In relation to any dispute(s) with one or more of your Ticket Buyers and/or your relationship with Ticket Buyers and event attendees; and

o     Made by any third party due to or arising out of Your Content and your use of the Service. You are solely responsible for your actions when using the Service.

o     Nothing in these terms shall limit or exclude our liability for (a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors; (b) fraud or fraudulent misrepresentation; or (c) any other matter in respect of which it would be unlawful for us to exclude or restrict liability. Subject to this:

o     We shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of income or any indirect or consequential loss arising under or in connection with the provision of our Services; and

o     Our total liability to you for all other losses arising under or in connection with the provision of our Services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to €100.

Nothing in these Terms seeks to limit or exclude consumers’ legal rights.

·         Governing law and jurisdiction

These Terms shall be governed by and construed in accordance with Irish law. Disputes arising in connection with these Terms shall be subject to the non-exclusive jurisdiction of the Irish courts. Appendix 1 Subject matter of the processing The processing of Customer Data to the extent necessary for the provision of the Service to you. Duration of the processing The period of time during which you continue to use the Service and the longer of such additional periods as: (i) is specified in any provisions of these Terms regarding data retention; and (ii) is required for compliance with law. Nature and purpose of the processing The nature of the data processing is the provision of cloud based service to allow Event Organizers to manage the sale of tickets and associated services for their events. The purpose of the processing is to provide the Service to the Event Organizer. Personal information types The personal information processed under these Terms will depend on the personal information that Event Organizers choose to collect from Ticket Buyers and event attendees. Event Organizers must make sure that they comply with our Acceptable Content Standards in collecting personal data. Personal data is likely to include : name, home address, email address, telephone number and limited details relating to card payments. It may also include certain special category data if the collection of such data is required in relation to an event. Categories of data subjects Personal information related to your customers and event attendees.