These Terms & Conditions, together with any documents they expressly incorporate by reference (collectively, the "Terms & Conditions") govern the relationship between Bhasha Lanka Pvt Ltd, the owner of EventsHere ("we" or "EventsHere") and anyone who uses or has access to, or attempts to use or gain access to any application, functionality, or digital asset owned, provided by or otherwise affiliated with or disseminated by EventsHere on or through https://www.eventshere.lk (the "Website). In case of conflict, these Terms & Conditions supersede any past or contemporary communications between you and EventsHere.
The terms and conditions set forth herein apply regardless of the of the device, service or method used to access EventsHere and extend to any geographic location in which EventsHere is accessed. These articles define the legally binding terms for your use of and access to EventsHere, its services, features, content and assets ("Services"). Please read the Terms & Conditions before using EventsHere.
The Services are in a constant state of change and evolution. The Terms & Conditions may include references to future functionality and Services that have not yet been implemented and are not yet publicly available. Accessing EventsHere or using the Service constitutes continued acceptance of the Terms & Conditions.
At all times, you are solely responsible for reviewing and confirming that these Terms & Conditions are in compliance with all laws, rules and regulations applicable to you or your operating entity. Should compliance be unconfirmed, you agree not to use or otherwise benefit from the use of the Services.
GOVERNING LAW AND JURISDICTION
All matters relating to the Website and these Terms & Conditions shall be governed by and construed in accordance with the laws of Sri Lanka. You agree that any dispute arising from or relating to the subject matter of the Website of these Terms & Conditions shall be governed by the exclusive jurisdiction and venue of Sri Lanka.
You acknowledge and agree that you and EventsHere are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and EventsHere otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.
ACCEPTANCE OF TERMS
By using the Website or by clicking to accept or agree to the Terms & Conditions when this option is made available to you, you agree to these Terms & Conditions, Privacy Policy, and all other operating rules, policies and procedures defined by EventsHere or common law. If you do not want to agree to these Terms & Conditions or the Privacy Policy, you must not access or use the Website. This Website is offered and available to users who are 13 years of age or older. By using this Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
CHANGES TO THE TERMS & CONDITIONS
We may revise and update these Terms & Conditions from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Website.
Your continued use of the Website following the posting of revised Terms & Conditions means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
SIGN UP & REGISTRATION
In order to use portions of the Service, you must sign up with EventsHere (thereby becoming a "User" and creating an "Account"). Information provided during the registration process must be complete and accurate.
You shall not: a) create an account with the intent to impersonate another user or person; or b) employ a username that is offensive, vulgar, or of other ill regard as defined at the sole discretion of EventsHere.
Any use of another User's account of Services may only be permitted with the express permission of the User.
You are solely responsible for all activity performed on your account. It is your responsibility to protect the safety and security of your account's password. In the event of a security breach or suspected security breach, you are required to provide notice to EventsHere without delay.
You may not access the Services in an attempt to (a) modify, publish, distribute, transmit, systematically download, use automated means to index or extract data from, participate in the transfer or sale or rental of, translate, create derivative works from, frame, co-brand, or in any way exploit any part of the Services other than for personal or internal business use or as specifically permitted in this agreement, without EventsHere's written consent, or (b) use the Services in any harmful or illegal manner or interfere with any party's use or enjoyment of the Services. You agree to immediately cease use of the Services at EventsHere's request.
ELIGIBILITY & COMPLIANCE
EventsHere may, at any time at its sole discretion, refuse to offer the Services to any User, individual or entity without notice. EventsHere may delete or otherwise disable any User's account without notice or explanation. By accessing the Services, you acknowledge and agree that you will not directly or indirectly attempt to copy, replicate, reverse engineer, decode, or acquire any frontend or backend source code except as expressly permitted by EventsHere or corresponding laws and regulations. You will not attempt to alter, modify, or otherwise derive another product or work based on or otherwise employing use of the Services.
CONTENT
"Content" refers to and includes any data, image, text, style, pattern, document, asset, feature or functionality used on or affiliated with EventsHere and the Services whether created, uploaded or otherwise employed by EventsHere, its Users or affiliates. EventsHere makes no warranties as to the availability or accuracy of the Content. EventsHere further makes no warranties as to the compliance of the Content with any copyright claims, laws, rules or regulations.
You acknowledge and agree that all Content generated or accessed by you is at your sole discretion, and you will be responsible or liable for any damages, losses or penalties associated with its use. If you provide Content that you generated and that is posted on the Website, you hereby grant EventsHere a perpetual, royalty-free, exclusive, non-transferable, non-sublicensable license to publicly display and use the Content. You shall not upload, submit or otherwise employ Content that (1) infringes any copyright, trademark, patent, trademark, trade secret, or other regulation, law or policy or (2) that in any impersonates another person or entity or (3) is false, inaccurate, or misleading or (4) otherwise deemed inappropriate, improper, vulgar, defamatory, libelous or damaging at the sole discretion of EventsHere.
EventsHere reserves the right to view, download, read, save or otherwise employ all Content except as specifically prohibited by laws governing the use of the Content.
All Content collected, stored or employed by EventsHere, except where otherwise noted or inapplicable due to the laws and regulations governing that Content, is the sole property of EventsHere. EventsHere may use Content generated by you including but not limited to text, images, logos, branding, styles and likeness for purposes including but not limited to marketing, promotion, benchmarks, reporting, press releases, and public relations.
EventsHere does not warrant that any Content will be made available or remain available. EventsHere makes no guarantee that it will monitor the Content or the Services and has no obligation to do so. EventsHere reserves the right to remove, disable or delete any Content without warning, notice or explanation.
Content specifically generated by or specifically employed by EventsHere, its partners or affiliates may be governed and protected by copyrights, patents, trademarks or other restrictions. You agree to use the Services in compliance with any such restrictions. You may not sell, license or otherwise financially profit from the use of any of the Content or the Services except as expressly authorized by EventsHere. Further, you may not use or exploit any content owned by or restricted by a third party entity.
On a case-by-case basis, EventsHere may allow Content and events of a (1) "adult" theme or nature and (2) featuring or otherwise related to alcohol, tobacco or firearms. Events hosted on the EventsHere platform including adult content, or content related to alcohol, tobacco or firearms must employ EventsHere's Age Gate feature and will be considered on a case-by-case basis for continued availability on the EventsHere platform.
EventsHere reserves the right to limit, prevent access to, remove, or permanently delete all Content. EventsHere may remove any Content without notice or explanation that it deems to be in violation of these Terms & Conditions, offensive, infringing, derogatory, or libelous.
Without limiting the foregoing responsibilities of the User, EventsHere may monitor use of the
Website
to determine compliance with this agreement. EventsHere may remove or refuse your Content for any
reason.
PRIVACY
EventsHere's Privacy Policy describes EventsHere's collection and use of your personal and other information.
FEES
Any and all fees collected by EventsHere are subject to change at any time at the sole discretion of EventsHere. Prior to implementing any changes to fee structure, EventsHere will make a reasonable effort to inform Users directly affected by the fee change.
EventsHere reserves the right to seek payment for any fees owed, whether resulting from a chargeback or reversal from a User's bank or credit card company, improper billing, fraudulent transaction, or any other case or scenario in which EventsHere is unable to collect fees due at the time of sale. Failure to remit fees owed can result in the suspension or termination of your account without notice.
While EventsHere will evaluate the request for a refund of any fees already paid on a case-by-case
basis, EventsHere reserves the right to refuse any such refund for any reason.
COLLECTION OF PAYMENTS
EventsHere may provide integrations with third-party payment processing providers. By employing the Services including but not limited to ticketing, payment collection systems, you agree to adhere to the terms and conditions of these third-party providers.
By collecting payments with EventsHere, you agree to hold EventsHere, its integration partners, payment processors and affiliates harmless from and against any lawsuit, claim, damage, liability, or expense.
It is your sole responsibility to abide by applicable tax, accounting and reporting laws in your country and region. EventsHere is not responsible or liable for failure to comply with local, state or federal laws applicable to you or your organization, and you should seek professional advice for your event, organization and or use case.
It is further your sole responsibility to provide adequate customer service and responsiveness to event customers (any user who has purchased a ticket or submitted a payment of any kind in relation to your event or EventsHere account). EventsHere is not liable or otherwise responsible for the management, resolution or granting of refunds, credit card disputes or credit card chargebacks associated with your event(s), account, action or inaction.
You acknowledge and agree that you will not attempt to circumnavigate, bypass or otherwise influence EventsHere fees associated with the collection of payments. You may not include links to external registration or payment processors, or otherwise encourage event guests to submit registration information or payments external to EventsHere registration and payment systems.
THIRD PARTY SERVICES
Certain components of the Service may allow you to link to, integrate, or otherwise employ a third party service, tool, website, product or other work. EventsHere makes no warranties as to the ability to integrate with, availability, reliability, functionality or other facet of any third party or integration point. You understand and agree that any third party services are out of EventsHere's control, and EventsHere is not responsible or liable for any damages, losses, penalties or other consequences associated with or due to the use of such third party services.
IMPORTANT DISCLAIMERS
Your use of the Services is at your own risk. The Services are provided on an "as is" and "as available" basis. EventsHere disclaims any warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement, and any warranties arising out of course of dealing or usage of trade.
EventsHere does not complete background checks on Users or make and representations about the location, safety, or quality of the Users or Services. EventsHere has no responsibility for your interactions with other Users of the Services. Your interactions with such persons are at your own risk.
By way of illustration, and without limiting the generality of the disclaimer in the paragraph above, EventsHere disclaims any warranty that: * The Services will be uninterrupted or error-free, or that defects will be corrected; * The Website and the server[s] that make[s] the Services available are free of viruses or other harmful components; or * The Content is accurate, complete, or free of typographical errors.
The inclusion or offering for sale of any product or service as part of the Services does not constitute an endorsement or recommendation by EventsHere, and you agree not to make any claim against EventsHere relating to the purchase of these products or services.
LIMITATION ON LIABILITY
To the fullest extent provided by law, in no event will the collective liability of EventsHere and its subsidiaries and affiliates, and their licensors, service providers, employees, agents, officers, and directors to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the the amount you have paid to EventsHere for the applicable Service in the last 12 months out of which liability arose.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct. The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
LIMITATION ON TIME TO FILE CLAIMS
Any cause of action or claim you may have arising out of or relating to these Terms & Conditions or the Website must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.
INDEMNIFICATION
To the maximum extent permitted by law, you shall indemnify EventsHere its subsidiaries, affiliates, licensors, service providers, content providers, employees, managers, agents, directors, from all third-party liabilities, claims, and expenses, including reasonable outside attorneys' fees and costs, that may arise from or be associated with your use or misuse of the Services or Content or your breach of any representation or obligation in this agreement. EventsHere reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any claim for which you are obligated to provide indemnification under this section. You shall fully cooperate as reasonably required in the defense of any claim.
MISCELLANEOUS
1. Entire Agreement. The Terms & Conditions, our Privacy Policy constitute the sole and entire agreement between you and EventsHere regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
2. Waiver and Severability. The failure of EventsHere to enforce any part of these Terms & Conditions shall not constitute a waiver of its right to later enforce that or any other part of these Terms & Conditions. If any provision of these Terms & Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms & Conditions will continue in full force and effect. 3. Assignment. These Terms & Conditions are personal to you, and are not assignable, transferable or sublicensable by you except with EventsHere's prior express written consent. EventsHere may assign, transfer or delegate any of its rights and obligations hereunder without consent or notification.
CONTACT
You may contact EventsHere by email at [email protected] or by physical mail at:
EventsHere
Bhasha Lanka (Pvt) Ltd
46, Galle Road,
Kalutara, Sri Lanka