Last Modified: December 11, 2021
EventFlex Inc. ("we", "us" or "our") is a corporation formed pursuant to the Canada Business Corporations Act (R.S.C., 1985, c. C-44). In consideration for permitting your access to our website and online marketplace, hosted at https://eventflex.com/ and related domains and subdomains (collectively the “EventFlex Marketplace”) and other good and valuable consideration, you agree as follows:
These terms and conditions (the "Terms") form a legally binding agreement which govern your access to and use of the EventFlex Marketplace. Unless expressly indicated, all provisions in these Terms apply to you whether you are acting as the owner or head-lessor of a premises, or are in any capacity making your premises available on the EventFlex Marketplace (such users referred to as a “Venue” herein), hosting an event at a premises (referred to as an “Event Organizer” herein) or an attendee at a premises listed via the EventFlex Marketplace (referred to as a “Attendee” herein).
By using the EventFlex Marketplace and accepting these Terms, you (whether acting as a Venue, Event Organizer, or Attendee, also referred to as a “user”, "you" or "your"), represent and warrant that (a) you are at least the age of eighteen (18); and (b) you have read and understand these Terms and agree to be bound by them.
If you are using the EventFlex Marketplace on behalf of, or in the employ of, an organization (corporation, trust, partnership, etc.), you are agreeing to these Terms for that organization and representing and warranting that you have the authority to bind that organization to these Terms. In such a case, "you" and "your" will also refer to that organization and yourself individually. Both you as an individual and your organization are legally bound by these Terms which form an agreement with EventFlex Inc.
PART I: GENERAL
About the EventFlex Marketplace
The EventFlex Marketplace allows Venues to make their premises available to Event Organizers, permitting the attendance of Event Organizers, their invitees and other users.
We do not own or sublease any of the venues listed on the EventFlex Marketplace. The EventFlex Marketplace is a peer-to-peer online marketplace only, designed for the purpose of connecting users and facilitating the booking of and payment for various premises.
Venues may offer two main types of fee structures on the EventFlex Marketplace;
- Venue booking fees, simply to access and use all or part of a premises; and
- Minimum spending bookings, where Event Organizers agree on a minimum amount of money that must be spent at the premises in respect of their booking. Such minimum spending requirements may apply to food, beverages and any other goods or services offered by the premises, as specified by the Venue.
While Venues may specify their rates and other terms in a space listing on the EventFlex Platform, Venues may also specify customized offers for individual Event Organizers.
While certain contractual terms are established between Venues and Event Organizers in these Terms and on the EventFlex Marketplace (such as booking duration, price and venue location), you are welcome, whether acting as a Venue or an Event Organizer, to create your own additional contract terms or booking agreement between you and other users. Venues may also include additional booking terms in their listings or their custom offers on the EventFlex Marketplace, such as:
- invitee or premises capacity limits;
- minimum spending requirements; and
- whether the premises is being booked exclusively, or will be open to other patrons of the Venue, by either posting those terms to their listing(s) and/or having users enter a separate contract directly between the Venue and the Event Organizer.
It is agreed that any such additional terms specified by a Venue, within their Venue listing or custom offer on the EventFlex Marketplace, shall form part of the agreement between Venues and the respective Event Organizers. To the extent there is a conflict between any such additional terms and these Terms, you agree that these Terms shall take precedent.
Entering Separate Contracts Directly between Venue and Event Organizer
We encourage all Venues to enter separate written and signed contracts with Event Organizers, particularly where Venues specify minimum spending requirements and how payment for food and beverages, outside of the EventFlex Marketplace Deposit (defined below), will be processed.
While the EventFlex Marketplace facilitates the collection of a Deposit (defined below) for bookings which specify a minimum spending requirement, we do not process payment for, or have any involvement in entering contracts between users in respect of any fees owing directly to a Venue, including any minimum spending balance owing (the “Minimum Spend Balance”).
FOR LISTINGS OR BOOKINGS THAT REQUIRE A MINIMUM SPEND, YOU, AS AN EVENT ORGANIZER AGREE THAT YOU WILL BE RESPONSIBLE FOR PAYING ANY SUCH MINIMUM SPEND BALANCE TO THE VENUE DIRECTLY. WE DO NOT FACILITATE PAYMENT OF THE MINIMUM SPEND BALANCE VIA THE EVENTFLEX MARKETPLACE.
IF YOU ARE OR YOU REPRESENT A VENUE, YOU AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR A USER’S FAILURE TO PAY ANY MINIMUM SPEND BALANCE AND THAT YOU ARE RESPONSIBLE FOR ENTERING SUCH CONTRACTS, AS MAY BE NECESSARY, AND COLLECTING THE MINIMUM SPEND BALANCE.
Establishing an Account on the EventFlex Marketplace
You may browse the public facing sections of the EventFlex Marketplace without establishing an account or providing us with any personal information. However, to list your premises or to book an space, you will be required to register for an account. In order to register an account, you will be required to provide us with:
- Your full legal name and address (as displayed on your government identification);
- The legal name of the person or entity who either owns, or is acting as the head-lessor of the applicable venue, duly authorized to lease the space;
- An email address, which you alone control;
- The space address; and
You represent and warrant that all account information you provide to us is accurate and not misleading.
Upon establishing an account with us, we grant you a worldwide, non-transferable, non-exclusive license to access the EventFlex Marketplace and your account in accordance with these Terms, but reserve the right to revoke the license and your access to the EventFlex Marketplace at any time. We may also deny account applications or suspend accounts without reason, justification or cause. As we rollout our platform and make it available in different jurisdictions, we may restrict or limit access to the EventFlex Marketplace to spaces located within a specific geographical area.
If you establish an account with us, access to your account is not transferrable and is only intended for the individual or entity that established the account. You may only register for one account and upon setting up your account, you will be required to create a username and password. For security reasons, you agree to use a unique password which you do not use on any other website or online service. You are responsible for safeguarding the password you use to access the EventFlex Marketplace and you agree not to disclose your password to any third party. You are responsible for any activity on your account, whether you authorized that activity or not.
PART II: VENUES
Listing a Premises
As a Venue, you can create new listings and manage existing listings on the EventFlex Marketplace from within your account. If your account is approved, in order to list a space for booking, you will be required to:
- Upload photos of your premises;
- Upload an accurate description of the space and its facilities;
- Specify your booking rate, minimum spending requirements (if any) and pricing information;
- Specify a deposit amount in respect of securing the booking and/or in respect of the Minimum Spend Balance (a “Deposit”);
- Specify terms applicable to the how users will gain access to your space;
- Specify the dates and times your space is available for booking; and
- Specify any other terms or conditions applicable to booking your space.
Representations and Warranties of Venues
By posting a space listing, you represent and warrant to us and each prospective Event Organizer that (i) the description of your space is accurate and not misleading; (ii) you lawfully own the space, or have full legal rights to rent or book the space and are not, whether by contract, law, rule, regulation, by-law or otherwise, restricted or precluded from booking out the space; (iii) the space is and will be safe for use, complies with all applicable city, municipal or similar codes, by-laws, rules and regulations and is and will be operated in accordance with acceptable standards of practice for the Venue’s industry; (iv) will be in good usable condition at the commencement of any booking period; (v) is duly licensed to operate; (vi) the photos you upload of the space reflect its current condition and state; and (vii) you, or the applicable owner or lessor of the space, has both general commercial liability insurance and occupier’s liability insurance, each with a minimum coverage amount of no less than CAD One Million Dollars ($1,000,000) in Canada and USD One Million Dollars ($1,000,000) in the United States of America.
Following the completion of your space listing description and uploading your images, we or a prospective Event Organizer, may (but are not obligated to) request that you provide additional information, including but not limited to information confirming your ownership of the venue, or that you act as a head-lessor with due and property authority to make the space available on the EventFlex Marketplace. In order to prevent fraud and to facilitate claims against you related to these Terms, we may also require that you confirm your identity and address by providing a copy of your driver’s license, or other government issued identification. In the event you, as a Venue, are an incorporated or other business entity, we may also request copies of your articles of incorporation and other business registration documents.
We do not actively monitor or review all listings, however, we reserve the right to remove any listing, content, or images you upload to the EventFlex Marketplace if we reasonably believe they are misleading, fraudulent or otherwise do not conform with our listing requirements, as updated and amended from time-to-time in these Terms and on our website.
We may also reject, cancel or terminate any order placed on the EventFlex Marketplace, including accepted orders, for any reason, including to protect Event Organizers where we reasonably believe a Venue has not complied with these Terms or we reasonably suspect the Venue may not be duly authorized or lawfully permitted to rent or book the space in question.
As the EventFlex Marketplace merely facilitates the booking of spaces and minimum spending requirements between the various users, we do not represent or warrant that space descriptions, food and beverage or other goods and services descriptions, images or other content uploaded on the EventFlex Marketplace are accurate, complete or error-free. Nor do we represent or warrant that the applicable Venue is lawfully permitted to use our service, or book the space they list on the EventFlex Marketplace. Accordingly, you accept all risks associated with another user posting misleading or fraudulent information or hosting venues which otherwise do not comply with our listing requirements or any governing law, rule, regulation or by-law. See the section below entitled “Acceptance of Risk and Disclaimers” for details.
Delisting a Venue
As a Venue, you may elect to remove your listing(s) from the EventFlex Marketplace at any time so long as the applicable listing does not have any bookings. We strongly encourage Venues not to cancel bookings, as doing so will cause inconvenience for Event Organizers, event attendees and the prospect of negative reviews. If, however, you have an extraordinary circumstance and need to cancel an agreed upon booking the Cancellation Policy, as referenced below and as available on our website at https://eventflex.com/cancellation-policy, shall apply. You agree to such Cancellation Policy, as updated and amended from time to time and that you will also reach out directly to the applicable Event Organizer and inform them of the cancellation.
Booking a Venue and Forming a Booking Agreement
All users, once you establish an account, will have access to view each other user’s profile, and message one another with questions related to booking an space.
All bookings must be placed on the EventFlex Marketplace using your own account. Spaces available for booking from various Venues are shown with dates of availability, location, venue facilities and the Venue’s additional booking terms, if any.
Venues are permitted to revise their booking rates and pricing information any time prior to accepting a booking from an Event Organizer. Unless a Venue’s listing is identified as an “Instant Book” on our website, when an Event Organizer submits a booking request, the request is subject to the Venue’s right to decline the booking within a reasonable time. This allows Venues to confirm their space is still available. Thereafter, if a Venue accepts a booking or an “Instant Book” is completed, you agree that an agreement is formed directly between the Venue and Event Organizer, based upon the terms of this agreement, the Venue’s listing information and any subsequent terms the Venue and Event Organizer agree upon, whether in their correspondence or by a signed or duly entered separate contract.
While the terms of the agreement between Venues and Event Organizer are, in-part, set out in these Terms, on the applicable listing and in-part may be agreed upon directly between the Venue and Event Organizer, you agree that when you book a space with another user on the EventFlex Marketplace, you are entering into a contract directly with that other user. You agree that while you are bound by these Terms with us, we are not, and do not become, a party to any booking agreements, or minimum spending agreements, in which you agree to book a space and/or spend a minimum amount with such Venue. As a result, any disputes related to or arising from booking an space listed on the EventFlex Marketplace shall be settled solely between the Venue and Event Organizer. Aside from processing refunds in limited situations, in accordance with these Terms, we do not offer, nor do we assist with any dispute resolution processes for any disputes arising between users.
Once a booking agreement is formed, the Event Organizer agrees to pay all fees and taxes specified in these Terms (along with the terms of any separate contract entered between the users), the corresponding space listing and to vacate the space at the times specified on the EventFlex Marketplace or as otherwise agreed upon between the Event Organizer and Venue.
Our Service Fees
While listing venues for booking on the EventFlex Marketplace is free, in the event a booking is made, we charge fees as specified on our website. Our fees are billed as; (i) a percentage of the overall fees payable by an Event Organizer to the applicable Venue; and/or (ii) a percentage of the Deposit paid by the Event Organizer to the Venue; and (iii) we may also charge a service fee in respect of each booking, which will be displayed to the Event Organizer at checkout in connection with submitting the booking request. We may update our fees from time-to-time, as posted on our website. You agree to pay all such fees applicable to your bookings. However, no adjustment to our fees will apply retroactively to any booking already made on the EventFlex Marketplace.
We may collect our fees by retaining all or the necessary portion of any Deposit to cover our fees. Each Venue is responsible for, and agrees that we shall have no responsibility or liability for, collecting any Minimum Spend Balance, or other balance owing by the Event Organizer to the Venue or other users.
The EventFlex Marketplace uses a third-party payment processor to facilitate the payment of booking fees and Deposits. You agree that we will automatically deduct our fees from payment(s) made by Event Organizers to the applicable Venue, including amounts paid as part of Deposit, service fees or otherwise.
All fees are subject to the addition of HST or other applicable sales taxes. As our fees are payable for facilitating a connection between a Venue and an Event Organizer, once paid, our fees are non-refundable, under any and all circumstances, even if your event is cancelled or the applicable Venue fails to make their space available to you in accordance with these Terms.
Payments from Event Organizers to Us
We use a third-party payment processor, Stripe, Inc. and their related and affiliated entities, including such related and affiliated entities operating in Canada (collectively “Stripe”), to process payments from Event Organizers and to the applicable Venue.
Although we may embed their forms on the EventFlex Marketplace, when you provide your payment details (such as credit card information), you are providing them directly to Stripe. You consent to their collection and use of your personal information in doing so. While we will have access to view portions of your payment information and transaction details via Stripe, we do not collect or store your full credit card number. You acknowledge that Stripe may have their own terms and conditions and privacy practices that apply to you and your personal information.
Credit Card Pre-Authorization
As an Event Organizer, you agree that we may immediately charge, or pre-authorize your credit card for the estimated costs, fees and taxes of any booking you make on the EventFlex Marketplace.
Payments from Us to Venues
After deducting our fees and taxes in accordance with these Terms, we, via Stripe, release the balance of the fees paid by the Event Organizer. To use the EventFlex Marketplace as a Venue, you will be required to register a for Stripe account in order to receive payments. See Stripe’s terms of service and website for details on how and when they cause payment to you.
Notwithstanding any other provision of these Terms, you agree that we shall not be liable to you, as a Venue, for any unpaid fees in the event of credit card chargebacks, fraud or we otherwise are not duly paid the booking fees and/or Deposit by the Event Organizer. As a Venue, you agree that we shall not be liable or responsible to you in the event we (i) refund a payment to an Event Organizer; or (ii) fail to, or are unable, for any reason, collect all or any portion of your booking fees from the Event Organizer.
Whether acting as an Event Organizer or Venue, you agree to pay all sales taxes applicable to these Terms, our fees or arising, in any way, from the booking of a space via the EventFlex Marketplace.
As a Venue, you are responsible for collecting, declaring and paying income tax on income you earn as a result of booking your space and using our EventFlex Marketplace. You are also responsible for collecting and remitting all sales taxes, including any sales taxes based on where the Venue is located (such as HST in Ontario, Canada), if applicable to you. You should obtain tax advice concerning your tax filing obligations, and whether sales or similar taxes are payable by you in respect of your bookings or sales.
No Partnership etc.
You agree that we shall not be responsible for, or liable for withholding or remitting any taxes on your behalf and that your participation on the EventFlex Marketplace does not constitute any form of partnership between you and us. Accordingly, you waive the application of the Partnerships Act, RSO 1990, c P.5 in Ontario and any successor legislation or similar legislation in any other jurisdiction which may deem a partnership to exist by operation of law. You agree that we are independent contracting parties and if you are a Venue, you are operating your own independent business by booking your space to other users and shall comply with all applicable laws, rules and regulations in doing so.
Use of Spaces
As an Event Organizer, you agree, in favour of the Venue and us, that:
- You shall ensure that the space you book from a Venue is not damaged by you or your invitees;
- You and your invitees shall comply with all rules and policies of the Venue, to the extent they are reasonably communicated to you;
- You will not use the space you book with a Venue for any illegal or immoral purpose; and
- You will not smoke or vape inside the space, or anywhere were doing so is unlawful or not permitted by the Venue.
Venue’s Obligation to Obtain Insurance
AS A VENUE, YOU AGREE THAT PRIOR TO BOOKING YOUR SPACE ON THE EVENTFLEX MARKETPLACE, YOU MUST OBTAIN AND WILL MAINTAIN THROUGHOUT EACH BOOKING, FROM A REPUTABLE INSURER, AT A MINIMUM:
- ANY AND ALL INSURANCE AS MAY BE REQUIRED BY LAW, IF ANY, IN RESPECT OF OPERATING YOUR VENUE AND PREMISES; AND
- GENERAL COMMERCIAL LIABILITY INSURANCE, WITH A MINIMUM COVERAGE AMOUNT OF NO LESS THAN ONE MILLION CANADIAN DOLLARS ($1,000,000) IN CANADA AND ONE MILLION US DOLLARS ($1,000,000) IN THE UNITED STATES OF AMERICA; AND
- OCCUPIER’S LIABILITY INSURANCE, WITH A MINIMUM COVERAGE AMOUNT OF NO LESS THAN ONE MILLION CANADIAN DOLLARS ($1,000,000) IN CANADA AND ONE MILLION US DOLLARS ($1,000,000) IN THE UNITED STATES OF AMERICA;.
We may require, but are not obligated to request, that you provide a certificate or other proof of insurance to continue to hold your account. We may also suspend or terminate your account if you fail to provide such proof of insurance. However, you agree that we shall have no obligation to review such insurance policies and do not represent or warrant that all Venues or spaces listed on the EventFlex Marketplace have such insurance policies in place, or that any such insurance coverage would protect from the types of damages and losses an Event Organizer and their respective invitees may suffer.
Cancellation and Refunds
Subject to any additional provisions agreed to directly between the Venue and Event Organizer:
- As a Venue:
- If you cancel a booking, at any time, the entire balance of any booking fees or Deposit amount you receive against such fees or minimum spend requirements, will be refunded to the Event Organizer; and
- You will be charged a cancellation fee, by us. Please see our Cancellation Policy (https://eventflex.com/cancellation-policy) for details, which is incorporated by reference.
- As an Event Organizer:
- Each booking will be subject to one of four standard cancellation policies, as specified by the applicable Venue in their space listing. For details of each of the four cancelation policies, please see our website at https://eventflex.com/cancellation-policy. You will not be entitled to any refund in respect of cancellations made contrary to the applicable cancellation policy, as specified by the Venue. Our Cancellation Policy may be updated from time to time.
As an Event Organizer, if you believe a Venue has not provided access to their space in accordance with these Terms, or other terms agreed upon directly between you and the Venue, you agree that, aside from refunds granted by us, you will be responsible for pursuing any refunds, claims, damages and any other legal action against the Venue, directly.
In extreme cases, we may exercise our discretion to reverse and refund a payment made by an Event Organizer where (i) it is feasible to do so with our payment processor; and (ii) we reasonably conclude the Venue acted in clear breach of their obligations, representations or warranties granted herein. However, in no such case shall our service fee be refunded.
For example, refunds may be granted if (i) the Venue fails to make their space available at the times agreed upon via the EventFlex Marketplace; or (ii) the space does not substantially conform with the description and images provided by the Venue on the EventFlex Marketplace.
We may also decide to refund only a portion of the Venue’s fees, where we believe doing so to be reasonable in the circumstances, in our sole and absolute discretion. If you are a Venue, you agree that we may cause a refund or discount to be applied in respect of any Deposit or booking transaction with an Event Organizer.
IMPORTANT REFUND DEADLINE: To raise a complaint and commence the refund process, you must email us within twenty-four (24) hours of your booking period ending. Your email must specify one or more of the above reasons in which you are requesting the refund. We will decide as to whether a refund will be processed based on the information supplied by both the Venue and Event Organizer by deadlines we may impose after the complaint is raised. Our refund determinations are final and you agree that pending our determination, we may either (i) refund the booking fees in full or in-part; or (ii) deem the booking transaction to have duly concluded and not process the refund. However, under no circumstances shall our fees be refunded.
You agree that any dispute or claim you have arising from our refund determination or otherwise shall be brought only against the other user, whether as Venue or Event Organizer, and not us. You further agree that once we release payment to the applicable Venue or refund same, the transaction is complete and any claim you may have thereafter, shall only be directly against the other user, and not us.
You agree that we may set-off any debts due and owing to you with amounts we may owe you.
Reviewing other Users
Upon the completion of a transaction, you may be asked to review each Venue and each Event Organizer you interact with on the EventFlex Marketplace. You agree to only leave authentic reviews which reflect your actual experience. We may remove reviews which we deem, in our sole and absolute discretion, to be inauthentic, defamatory, or otherwise in breach of our User Content rules, below. Users who receive a rating of seventy percent (70%) or less, after having completed two (2) or more bookings may have the accounts suspended or removed by us.
Payment Holds and Chargebacks
We reserve the right to withhold payment to a Venue pending the resolution of any refund claim or complaint raised by an Event Organizer.
You agree that as a Venue, you shall be fully liable and responsible for any chargebacks processed by our payment processors, credit card providers, banks or other third party in respect of your space and payments you receive. In the event we provided you with your payout and a chargeback is subsequently processed, you agree to return the applicable funds to us. In no event will we be liable or responsible for any chargebacks processed in favour of an Event Organizer or other third party.
PART III: ACCEPTABLE USE OF THE EVENTFLEX MARKETPLACE
You agree to use our website and the EventFlex Marketplace in accordance with the following acceptable use and code of conduct guidelines. You agree that you:
- Will not list any premises or space which is unsafe;
- Will not list any space which cannot be lawfully rented or booked under all applicable laws, rules and regulations, including but not limited to, city and municipal laws, by-laws, rules and regulations;
- Will only serve alcohol if you are duly licensed and permitted to do so, and only in accordance with the law;
- Will not misrepresent the condition of your premises or space;
- Will not upload, copy, distribute, share, or otherwise use content or messages that are unlawful, obscene, defamatory, libelous, harmful, hateful, harassing, bullying, threatening, racially or ethnically offensive or abusive, that would violate another person's rights (including their intellectual property rights), constitute or encourage a criminal offense, give rise to civil liability, or violate any local, state, provincial, national or international law or regulation, or that is otherwise inappropriate;
- Will not disclose personally identifiable information belonging to others unless (i) in accordance with appliable law; or (ii) you are authorized by such persons to do so;
- Will not disclose your password or transfer your account to any third party, or allow any third party to access your account;
- Will not use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the EventFlex Marketplace for any purpose;
- Will not register for more than one account on the EventFlex Marketplace;
- Will not use the EventFlex Marketplace in a way that has any unlawful or fraudulent purpose or effect; and
- Will not circumvent, disable, violate or otherwise interfere with any security related feature of the EventFlex Marketplace.
You agree that when meeting with other users in-person to gain access to a space, or for any other purpose, that you will be civil, polite and respectful. In particular, you agree that you will be respectful of each other users’ time. You agree that you will do your best to be on time for in-person meetings, or for gaining access to a space. If you are running late, let the other user know. If you have any trouble with accessing a space, use the EventFlex Marketplace messaging system to let the Venue know.
PART IV: ACCEPTANCE OF RISK AND DISCLAIMERS
WHILE VENUES ARE REQUIRED TO COMPLY WITH THESE TERMS AND OUR LISTING REQUIREMENTS POSTED ON OUR WEBSITE, WE MAKE NO REPRESENTATIONS AND GRANT NO WARRANTIES THAT VENUES, WHO OPERATE INDEPENDENTLY ON THE EVENTFLEX MARKETPLACE, HAVE IN FACT COMPLIED WITH ALL SUCH REQUIREMENTS.
OUR WEBSITE AND OUR EVENTFLEX MARKETPLACE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND FROM US, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY.
WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATIONS AND GRANT NO WARRANTIES AS TO THE SAFETY OR LEGALITY OF THE VENUES ON THE EVENTFLEX MARKETPLACE, OR THE CORRESPONDING OWNERS, OPERATORS, STAFF OR AGENTS ACTING ON BEHALF OF SUCH VENUES. WHEN YOU BOOK A SPACE, YOU ARE BOOKING THE SPACE FROM ANOTHER USER OF THE EVENTFLEX MARKETPLACE AND RELYING ON THEM TO DELIVER THE SPACE IN ACCORDANCE WITH THESE TERMS AND ALL APPLICABLE LAWS, BY-LAWS, RULES AND REGULATIONS.
AS AN EVENT ORGANIZER, YOU SHOULD INSPECT THE PREMISES PRIOR TO BOOKING ASPACE ON THE EVENTFLEX MARKETPLACE. YOU SHOULD ALSO TAKE REASONABLE MEASURES TO CONFIRM WHETHER THE VENUE HAS INSURANCE COVERAGE WHICH COVERS CLAIMS ARISING FROM OR RELATED TO YOUR EVENT. AS AN EVENT ORGANIZER, YOU SHOULD ALSO OBTAIN YOUR OWN EVENT INSURANCE. YOU AGREE AND ACKNOWLEDGE THAT WE HAVE NOT ARRANGED FOR, NOR HAVE WE OBTAINED ANY INSURANCE COVERAGE IN RELATION TO EVENTS YOU BOOK, OR SPACES BOOKED VIA THE EVENTFLEX MARKETPLACE.
AS A VENUE, YOU AGREE THAT WE MAY AUDIT OR REVIEW YOUR SPACE, IN ADDITION TO UNDERTAKING A REVIEW OF YOUR BUSINESS REGISTRATION DOCUMENTS AND THE IDENTITY DOCUMENTS OF INDIVIDUAL OWNERS, DIRECTORS AND OFFICERS. WHERE WE DO SO, WE MAKE NO REPRESENTATIONS AND GRANT NO WARRANTIES, EITHER EXPRESS OR IMPLIED, THAT SUCH AUDITS OR REVIEWS WILL IDENTIFY PRIOR MISCONDUCT OR ACCOUNT OWNER DISCREPANCIES BY SUCH VENUES OR EVENT ORGANIZERS, NOR DO WE GUARANTEE THAT SUCH USERS WILL NOT ENGAGE IN MISCONDUCT OR A BREACH OF THESE TERMS OR ANY REPRESENTATIONS AND WARRANTIES GRANTED BY THEM HEREIN. ANY SUCH AUDIT OR REVIEW OF A VENUE OR USER IS NOT AN ENDORSEMENT OF THE VENUE OR USER.
YOU ACCEPT ALL RISKS ARISING FROM OR RELATED TO ENGAGING IN SPACE OR MINIMUM SPEND BOOKINGS, ALL RELATED TRANSACTIONS, ATTENDING EVENTS AT VENUES AND INTERACTING WITH OTHER USERS OF THE EVENTFLEX MARKETPLACE.
YOU AGREE THAT WE MAKE NO REPRESENTATIONS AND GRANT NO WARRANTIES, WHETHER EXPRESS OR IMPLIED (INCLUDING IMPLIED BY THE FACT A VENUE OR HOST HAS BEEN PERMITTED TO USE OUR PLATFORM), THAT THE VENUE OR HOST IS TRUSTWORTHY, MEETS ANY STANDARDS, IS MAKING AVAILABLE A SAFE PREMISE ON OUR PLATFORM OR WILL OTHERWISE COMPLY WITH THESE TERMS.
YOU ACKNOWLEDGE AND AGREE THAT WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE EXISTENCE, QUALITY, SAFETY, SUITABILITY, OR LEGALITY OF ANY PREMISES MADE AVAILABLE BY A VENUE ON THE EVENTFLEX MARKETPLACE, THE TRUTH OR ACCURACY OF ANY USER CONTENT OR ANY RATINGS OR REVIEWS POSTED BY OTHER USERS, OR THE PERFORMANCE OR CONDUCT OF ANY OTHER USER.
YOU AGREE THAT WE ACCEPT NO LIABILITY OR RESPONSIBILITY FOR RESOLVING OR MANAGING DISPUTES WHICH MAY ARISE BETWEEN YOU AND ANY OTHER USER. IF YOU HAVE A DISPUTE WITH ANOTHER USER, WHETHER ARISING FROM A BOOKING OR OTHERWISE, IT IS YOUR RESPONSIBILITY TO TAKE YOUR OWN LEGAL ACTION AGAINST SUCH USER.
YOU AGREE AND ACKNOWLEDGE THAT THERE ARE POTENTIAL RISKS, INCLUDING BUT NOT LIMITED TO THE RISK OF PHYSICAL AND EMOTIONAL HARM OR DISTRESS, PERSONAL INJURY, THEFT OF PERSONAL PROPERTY AND EVEN DEATH WHEN YOU CONNECT OR INTERACT WITH SOMEONE YOU MEET THROUGH OUR WEBSITE OR EVENTFLEX MARKETPLACE, INCLUDING BUT NOT LIMITED TO, PEOPLE YOU MEET OR INTERACT WITH TO CONCLUDE A BOOKING TRANSACTION OR AT AN EVENT. YOU ASSUME ALL RISKS ASSOCIATED WITH DEALING WITH OTHER PERSONS WHOM YOU MEET, OR, COME IN CONTACT WITH AS A RESULT OF USING THE EVENTFLEX MARKETPLACE, WHETHER IN PERSON, ONLINE OR OFFLINE, VIA TELEPHONE, TEXT MESSAGE OR ANY OTHER FORM OF COMMUNICATION.
WHILE OTHER USERS OF THE EVENTFLEX MARKETPLACE MAY PROVIDE INFORMATION TO US ABOUT THEMSELVES AND THEIR BUSINESS (SUCH AS A BUSINESS THAT OWNS OR OPERATES A VENUE), WE DO NOT INDEPENDENTLY VERIFY THAT INFORMATION OR TAKE MEASURES TO CONFIRM THE IDENTITY OF OTHER USERS IN ALL CASES AND AS SUCH, DO NOT MAKE ANY REPRESENTATION OR WARRANTY THAT ANY OF THE INFORMATION PROVIDED ABOUT ANOTHER USER IS TRUE OR ACCURATE.
PART V: LIMITATION OF LIABILITY
YOU AGREE AND ACKNOWLEDGE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE EVENTFLEX MARKETPLACE AND ANY INTERACTION YOU HAVE WITH VENUES, EVENT ORGANIZERS, USERS OR OTHERS, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AGENTS, OR LICENSORS BE LIABLE, HOWSOEVER CAUSED, INCLUDING BY NEGLIGENCE OR OTHERWISE, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES YOU SUFFER, REGARDLESS OF LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER THOSE DAMAGES WERE FORESEEABLE OR NOT.
IF YOU ARE DISSATISFIED WITH OUR EVENTFLEX MARKETPLACE, OUR WEBSITE OR SERVICES, OR YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, OUR AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AGENTS OR LICENSORS, THEN YOUR REMEDIES ARE LIMITED TO (I) SEEKING A REFUND OR DISCOUNT IN ACCORDANCE WITH THESE TERMS (IF YOU ARE AN EVENT ORGANIZER) OR SEEKING A REMEDY DIRECTLY FROM SUCH OTHER USERS YOU INTERACT WITH; AND/OR (II) NO LONGER USING THE EVENTFLEX MARKETPLACE.
IN ADDITION TO YOUR AGREEMENT TO NOT HOLD THE ABOVE ENTITIES AND PERSONS LIABLE FOR ANY DAMAGES, IN THE EVENT A COURT OR ARBITRATOR DECLINES TO UPHOLD SAID CLAUSE, OR IT IS NOT APPLICABLE, YOU AGREE THAT IN NO CIRCUMSTANCES SHALL THE AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO OR IN ANY WAY ARISING FROM THE USE OF OUR EVENTFLEX MARKETPLACE OR IN ANY WAY RELATED TO THESE TERMS OR YOUR USE OF A SPACE LISTED ON THE EVENTFLEX MARKETPLACE, BE MORE THAN (I) THE AMOUNTS PAID BY YOU TO US (AS FEES) OVER THE PRECEDING THREE (3) MONTHS FROM THE DATE YOU FIRST RAISED YOUR CLAIM WITH US; OR (II) CAD $50.00, WHICHEVER IS LESS.
YOU AGREE AND ACKNOWLEDGE THAT WE WOULD NOT ENTER INTO THIS AGREEMENT OR GRANT ACCESS TO THE EVENTFLEX MARKETPLACE, WHICH ALLOWS YOU TO BOOK A SPACE FROM OTHER USERS DIRECTLY, WITHOUT THESE RESTRICTIONS AND LIMITATIONS ON OUR LIABILITY.
INDEMNIFICATION AND HOLD HARMLESS
PART VI: OWNERSHIP OF THE EVENTFLEX MARKETPLACE AND ITS CONTENTS
The EventFlex Marketplace contains open source and public domain content, licenced content as well as proprietary content owned by us and by third parties. You are not permitted to copy or distribute any content (including but not limited to text, software code, images, trademarks, videos and audio) on the EventFlex Marketplace without the express consent of the owner. Without limiting the forgoing, you are not permitted to use any trademark or trade name of EventFlex Inc., including our logo without our express permission.
Your Content and Listings
The EventFlex Marketplace may permit you and other users the ability to upload and post content, including for example, reviews, images and descriptions of your products in addition to booking terms ("User Content"). You acknowledge that we do not pre-screen all User Content uploaded or posted by you or other users, nor do we pre-screen all listings and products posted for rent or booking by Venues.
You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any of your User Content that you post or upload to the EventFlex Marketplace.
In addition to our acceptable use policy above, you agree not to use the EventFlex Marketplace in any manner which may infringe copyright or other intellectual property rights of any third party.
We may, but have no obligation to, remove content, product listings and accounts that we determine in our sole discretion to be unlawful, damaging or which violate any third-party's intellectual property rights, these Terms or any policy incorporated by reference herein.
Copyright and Trademark Notice
If you believe that your copyright or trademark rights have been infringed as a result of products or content on the EventFlex Marketplace, please notify us at email@example.com. While we take no responsibility for any user who breaches your copyright or other intellectual property rights, we may, in our sole discretion and without liability, undertake to attempt to contact the infringer on your behalf and/or cancel the infringer's account.
PART VI: INTERPRETIVE AND OTHER PROVISIONS
Whether or not we are affiliated with websites or third-party vendors that may be linked to the EventFlex Marketplace, we are not responsible for their content (the "Linked Sites"). The Linked Sites are for your convenience only and you access them at your own risk. We and other users may provide links and references to material on other websites not owned or operated by us. Links found on the EventFlex Marketplace are not an endorsement and we do not represent or warrant the accuracy or truth of the contents of information found on said websites. You access those links and corresponding sites at your own risk.
Law of the Contract (Governing Law) and Jurisdiction
These Terms, all documents incorporated by reference and your relationship with us, shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario, Canada, (and any Canadian federal laws applicable therein) as it is applied to agreements entered into and to be performed entirely within such province.
You agree to irrevocably and unconditionally submit to the exclusive jurisdiction of the courts and tribunals of Ontario, Canada (including the Federal courts and tribunals as applicable therein) to settle any disputes arising out of or in any way related to these Terms, all documents incorporated by reference and your relationship with us.
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
No Interpretation Against Drafter
If an ambiguity or question of intent arises with respect to any provision of these Terms, the Terms shall be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favouring or disfavouring either party by virtue of authorship.
Waiver of Class Proceedings and Trial by Jury
To the fullest extent permitted by law, you waive your right to participate in any class action lawsuits against us, our contractors, employees, shareholders, successors, assigns, officers and directors. To the fullest extent permitted by law, you further waive any right to a trial by jury, should such a right exist, in relation to any legal dispute connected to or in any way arising out of these Terms.
Incorporation by Reference
You may terminate your account with us at any time. To do so, please contact us by email or follow the links in your account. We reserve the right to suspend your account or access to the EventFlex Marketplace at any time, with or without cause, and with or without notice.
The cancellation, suspension or termination of access to the EventFlex Marketplace, or your account, shall not terminate this agreement. Without limiting the foregoing, any provision of these Terms concerning the limitation of our liability, your indemnification obligations, settling disputes (including the jurisdiction and choice of law) shall remain binding, even upon termination.
Assignment of this Agreement
You agree that we may assign this agreement to any successor or assignee, whether pursuant to the purchase of our EventFlex Marketplace, the transfer of control of EventFlex Inc., or otherwise. You agree not to assign this agreement without our express written consent.
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
AS OUR WEBSITE, SERVICES AND THE EVENTFLEX MARKETPLACE CONTINUE TO CHANGE, WE MAY, AT ANY TIME, REVISE THESE TERMS AND OUR POLICIES BY UPDATING THIS PAGE OR THE PAGE HOSTING THE RELEVANT POLICY. THE DATE OF THE LAST VERSION OF THESE TERMS IS POSTED ABOVE. AS YOU ARE BOUND BY THESE TERMS AND THE POLICIES REFERENCED HEREIN EACH TIME YOU VISIT OUR WEBSITE, YOU ARE RESPONSIBLE FOR PERIODICALLY REVIEWING THE AMENDMENTS TO THESE TERMS AND OUR POLICIES AND YOU ARE DEEMED TO HAVE ACCEPTED AND AGREED TO SUCH AMENDMENTS BY ACCESSING AND USING THE WEBSITE AND EVENTFLEX MARKETPLACE AFTER SUCH AMENDMENTS HAVE BEEN POSTED. IF YOU DO NOT AGREE WITH THE AMENDMENTS, PLEASE TERMINATE YOUR ACCOUNT. WE MAY ALSO UNDERTAKE TO SEND YOU NOTICE OF ANY CHANGES TO THESE TERMS OR OUR POLICIES.
In the course of using your account with us or using the EventFlex Marketplace, you may be required, or by your actions may be deemed, to consent to the terms of agreements provided by third-party service providers, including for example, payment processors, social media login account providers (Facebook, Twitter, etc.), credit card companies and banks. You agree that nothing in those agreements shall, in any way, alter these Terms or your obligations hereunder.
For inquiries, you can contact us by e-mail at firstname.lastname@example.org.