1. Purpose of these Terms – Agreement

These terms of use (“Terms of Use”) set out the conditions on the basis of which Eventify Comm.V., (“Eventify” or “Us” or “We”) or any of its affiliates or related companies make available its products and services through its websites or apps (including the https://evt.life and https://eventify.app sites and their subdomains, as well as any other URL or app, including possibly native apps, used by Eventify for this purpose) (the “Website”).

This is a legally binding agreement (“Agreement”) between you (the “User” or “You”) and Us.

You represent and warrant that you have read and understood the Terms of Use, that you have the legal capacity to enter into this agreement on your own behalf or on behalf of the legal entity you represent, and that it is enforceable against You and/or that legal entity.

Respect of the Terms of Use is a precondition for access to and use of the Website and its functions.

By using the Website or by registering a User account You express Your agreement with these Terms of Use.

We reserve the right to modify the Terms of Use and the Website from time to time. The version number and date of entry into force of the current version is mentioned at bottom of these Terms of Use. It is the User’s responsibility to verify and check the Terms of Use from time to time for such modifications. By continuing to use the Website after that date, You agree to the changes.

We may modify the functionality or way of operating of the Website from time to time, and add or modify new features or services. Any such modification, new feature or service will be subject to these Terms of Use, except if specified otherwise in any additional terms that are released together with such new features or services.

2. Purpose of the Website

The Website provides functionality related to the platform of bringing together event organisers and participants in events that have the ability to bring meaning and inspiration to personal life, and such other functions as made available from time to time.

3. Users and User Accounts

Only persons (individuals or legal entities) who are legally entitled under their own laws to validly enter into a contract may become Users.

There are, generally speaking, two categories of Users:

Visitors: they are people or businesses who use the Website to find activities for themselves or others
Organisers: they are the people or businesses who use the Website to provide information to Visitors about the activities they organize or offer

The word “Users” means Visitors and Organisers taken together.

Users who represent legal entities must ensure that they have the necessary powers in order to do so. Eventify is entitled to verify, through its own processes, whether or not a User can validly represent a legal entity.

Any action or omission by a User on behalf of the legal entity that User represents is deemed to be an action or omission of that legal entity vis-à-vis Eventify.

Organisers (and for, some functions, Visitors) need to create a User Account in order to access certain functions of the Website.

When a User registers on the Website and creates their User Account, User will choose a username and password. User is responsible for maintaining the confidentiality and security of this username and password. Any use done through such username and password will be the sole responsibility of the User or the legal entity that User represents.

User must inform Eventify immediately in case of any unauthorized use, misuse or abuse of their username(s) or password(s), or any other breach of data security.

Eventify is entitled to charge a fee for some or more functionality or scope of use of the Website and the User account.

Eventify may terminate any User account, with or without prior notice, if, in the reasonable opinion of Eventify, User is in breach of any of the Terms of Use, or User is in breach of any applicable law, regulation or any third party right, or when User has been declared insolvent or bankrupt (or any similar event in any jurisdiction has occurred).

4. Use of the Website – code of conduct

Use of the Website is subject to normal rules of good behaviour. That means, in practice, the following:

You will only use the Website in the way it is clearly intended to be used; and
You may not access or use any data provided through the Website, except through the authorized Website functionalities, services or application programmable interfaces (“API’s”) made available by Eventify or authorized by Eventify; and
You will not access or use functionality or data provided except through the functionality provided by the Website; and
You will not use any technology (e.g. data mining, spiders, crawlers, scraping and anything like it) to make any use of the Website or its data outside of what we authorize; and
You will not circumvent, mislead, hide or otherwise influence the way Eventify gathers data about usage of the Website or any part thereof; and
You will not use any functionality of the Website to infringe on third party’s intellectual property rights; and
You will not do anything that is in breach of any applicable law, or that we reasonably consider being in bad taste or unacceptable behaviour; and
If applicable, You will pay your fees on time.

We can block access to the Website or any part thereof if We find that You are or seem to be in breach of these rules. That does not limit Our other rights, e.g. to claim damages.

5. Licenses

The Website and all component parts thereof (including the look-and-feel, any underlying code, or any data contained therein) and all intellectual property rights (copyrights, patents, trademarks, etc.) therein are owned by or licensed to Eventify. Your use of the Website and any part thereof is subject to a license of use, which Eventify grants you on a non-exclusive, limited, conditional and non-transferable basis.

As a condition of Your license, the following restrictions apply:

You may not modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Website or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Website or data;
You may not submit or connect to any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
You may not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure, compared to the normal or anticipated use of the Website;
You may not use the Website in an attempt to, or in conjunction with, any device, program or service designed to circumvent any technological measure that effectively controls access to, or the rights in, the Website in any way including, without limitation, by manual or automatic device or process, for any purpose.

You grant Eventify an unlimited, worldwide, non-exclusive, transferable, irrevocable, royalty-free and fully paid-up license to any data, content, picture, text, configuration, idea, or any other aspect of content, code or material that you provide or use through the Website, for any use whatsoever. This license survives any termination of Your User Account.

For the duration of this Agreement, You grant Eventify the right to mention your name and place your logo on the Website to identify You as a customer of Eventify. Under certain commercial arrangements, Eventify may agree to remove its identification (e.g. logo) and to provide one or more of its products as a “white-labelled” product.

6. Payments and scope of use

Use of some functionalities of the Website, specifically for Organisers, can be subject to payment of the User fees charged by Eventify, as agreed between Eventify and the User.

Except if stated otherwise, all fees are exclusive of taxes (such as VAT), are payable upfront and non-refundable.

Eventify is entitled to impose a particular payment method (e.g. through credit card authorization) in order to ensure payment and limit costs of fee collection.

7. Warranties & indemnifications

Eventify provides the Website and the functionality and services thereon “as is”, and provides no warranty, either express or implied, on any functionality or data.

User acknowledges and accepts that use of the Website is at the sole risk and responsibility of User. Eventify does not represent or warrant that the materials in the Website are accurate, complete, reliable, current, subject to correction, or error-free or that the Website or its servers are free of any harmful components.

User warrants that it has the right to use the functionality of the Website and that its use thereof will not infringe any third party rights.

Each User will indemnify, defend and hold harmless Eventify and will keep it indemnified for and against any liabilities, claims and expenses, including attorney’s fees, that arise from any claim from any third party (including, for the avoidance of doubt, any other User) that any action or omission to act (including but not limited to results of using functionality such as drawing floorplans), any breach of these Terms of Use or in general any other act or omission to act by such User or anyone acting on its behalf for use of the Website.

8. Limitation of liability

To the fullest extent permissible under applicable law, Eventify will have no liability, and any User waives any claim, based on the Website, its performance and functions, the services provided thereon, the data contained therein or accessed through the Website, or any transaction, service or functionality transacted or made available through the Website.

Eventify will never be liable for any breakdown of the Website, interruption or malfunction of the services provided through the Website, or any other malfunction or technical issues related to the operation of the Website.

Eventify will never be responsible for any links to third party websites, or any other connection to or interaction with third-party materials or functionality.

Under no circumstances will Eventify be liable for any indirect losses, including any loss of business or loss of profit.

To the extent permitted by applicable law, in any event, will Eventify’s liability be limited to the lesser of the total value of monetary value paid by a User during the six months preceding the cause of liability or 100,- (one hundred) EUR.

9. General Provisions

Eventify may suspend the provision of services or access to the Website at its discretion, with or without notice. Eventify will never incur any liability as a result thereof.

Eventify may assign part or whole of its rights and duties under the Terms of Use or the Website to any third party, without any notice. Users may not assign any of their rights or duties without Eventify’s prior written agreement, which Eventify may accept or refuse at its discretion.

All aspects of the relationship between Users and Eventify (including these Terms of Use and the rights and obligations arising as a result) are subject to the laws of Belgium. In case of conflict, only the Courts of Brussels will have jurisdiction.

If any provision of the Agreement is held by a court of competent jurisdiction to be legally ineffective or unenforceable, such provision shall, to the extent possible, be deemed rewritten to reflect the original intent of the parties, and the validity of the remaining provisions shall not be affected.

These Terms of Use and the documents incorporated herein by reference constitute the whole agreement between Eventify and the User, to the exclusion of any other document or statement.

Terms of Use version 1.1 January 2019.

Centre communautaire Crousse