Terms of Service
Welcome to www.festivality.co and thank you for your interest in Festivality. Festivality is a customisable web and mobile application-based event technology solution for the organisers (“Organiser”) of music, film, food, sports, trade, conference, community-focused and other events (“Event”), as well as for Organiser-approved merchants offering their goods and services at such Events (“Merchant”) and visitors of such Events (“Visitor”, also “You”). The web and mobile-based (for iOS and Android) application for Visitors (“Festivality Application”) facilitates guidance, information, communication and navigation at the Event, as well as communicates Visitors’ commercial requests to the Organiser and Merchants. The Festivality Application and Services (as defined below) are always offered for, modified to, and available under the name of specific Events.
The Festivality Application is owned and operated by Festivality OÜ (registry code 12853297), a private limited company registered in the Republic of Estonia (“Festivality”, “we”).
Please read the Terms carefully. When accepted by You, the Terms form a legally binding agreement (“Agreement”) between You and Festivality (collectively, “Parties”). By using the Festivality Application and Services, You represent and warrant that You are at least 18 years of age or have valid authorisation from Your legal representative or custodian to use the Festivality Application and Services. You acknowledge that some Services available via the Festivality Application are only available for persons who are at least 18 years of age and You agree not to use such Services if You are not at least 18 years of age. By using the Festivality Application and Services, You acknowledge that You have read, understood, and agree to be bound by these Terms. If You do not agree to be bound by these Terms, then please do not access, browse or otherwise use the Festivality Application and Services.
YOUR USE OF THE FESTIVALITY APPLICATION AND SERVICES
Access to the Festivality Application and Services. In order to use the Festivality Application and Services, You will need to download the Festivality Application (for iOS or Android) from Apple App Store or Google Play appstore. You can use the Festivality Application with or without an user account, however please note that the Services available differ depending on that. With a user account you can perform certain app personalisation features, e.g. MySchedule, MyFavorites, in-app messaging, mPayments etc. Please note that You will need to download the Festivality Application separately for each Event that uses the Festivality Application.
Use of the the Festivality Application and Services. In the Festivality Application, You can familiarise with different Services the Organiser has made available for the specific Event. For example, guidance (schedules, maps), information (lineups, things-to-do, venues, programmes), communication (local alerts, push notifications, in-app messaging), navigation (interactive maps, routing, directions to venues and points of interest), commercial services (shopping of Organiser or Merchant products and services with mPayments). Please note that the Organiser of the Event and the Merchants have full control over the content of the Festivality Application and the Services offered via it. Festivality only provides the technical solution and a means of communication for different parties. Because of that, we are unable to influence the content, quality, suitability and availability of the Services offered via the Festivality Application. Any issues with the Services shall be resolved in accordance with the respective Services provider – the Organiser or the Merchant. We shall make every effort to ensure that the Organiser and the Merchants act with diligence normally expected from persons acting in their economic or professional activities. However, we are in no position to guarantee that as regards all Services providers at all times. If you experience objectionable service, please notify the company responsible for the service, a supervisory authority or our support team. In order to improve the quality of the Services, we ask for Your feedback in the Festivality Application.
Fee. Depending on the Event, downloading the Festivality Application may be free or subject to a fee in the respective application store (iOS or Android). Also, Your mobile or wireless carrier may charge for data services and text messaging. These charges are Your sole responsibility.
Festivality Payment. Some Services in the Festivality Application can be purchased in-app (e.g. Event tickets, products and services offered by the Organiser or Merchants, etc) with a credit card payment (“Festivality Payment”). Such Services are visible under mShop and myOffers modules or under specific Merchant profiles (e.g. Venues) in the Festivality Application menu. During the first payment, You will be authenticated by the payment service provider or by Your credit card issuing bank. During the first payment, You can choose to save your payment card details at the payment service provider to make the following payments with a simple one-tap checkout in-app. If You are not at least 18 years of age, You must have valid authorisation from Your legal representative or custodian or the transactions must be performed by means which Your legal representative or a third person with the consent of the legal representative has granted to You for such purpose or for free use. If You are not 18 years of age, You must not purchase such Services that are only intended for persons above 18 years of age, whether by the Organiser, Merchant or the law.
The receiver of the Festivality Payment is Festivality, who forwards the received payment to the Services provider (the Organiser or the Merchant, as applicable). The intermediation of the Festivality Payment is carried out through AS LHV Pank pursuant to their terms and conditions (available in Estonian and in English ).
When offering the Festivality Payment, Festivality acts as the commercial agent of the Merchant or the Organiser by intermediating payments made on the Festivality Application. The obligation of the Visitor purchasing goods and services from the Merchant shall be considered fulfilled in front of the Merchant as of the moment when the payment order is made for the payment of funds into the Festivality bank account. If the Visitor’s payment cannot be completed, the payment shall not be considered fulfilled. In such case the Visitor may use other payment methods outside the Festivality Application. You have all Your rights as a consumer, including the right to withdraw within 14 days from the agreement to purchase the Services, should such a right not be excluded under the law.
Types of payments. There are two types of Festivality Payments available:
- “preOrder” – A payment by which You select the Services You want to order in the Festivality Application, pay for them using the Festivality Payment and collect the ordered Services at the time and place specified by the Merchant;
- “mPayment” – A payment by which You pay for the Services You want to order using the Festivality Payment at the Merchant’s place of business at the Event.
Responsibility for Festivality Payments. Festivality shall be responsible for the functioning of Festivality Payments and offers support in solving any problems. The resolution of any Festivality Payment-related disputes also takes place through Festivality. The contact for Festivality Payment support service is: email@example.com. All inquiries submitted by e-mail shall receive a response within 1 business day. Festivality shall resolve all payment-related complaints and applications within 2 business days.
Your responsibilities and Prohibited Uses. You assume full responsibility for Your use of the Festivality Application and Services, for the use of the Festivality Application and Services made using Your device and for the payments made using Your user account. You should, therefore, keep your device and account secure at all times and not allow any third parties to use Your account.
You may only use the Festivality Application and Services for their intended purposes. Any such use must be in compliance with the Agreement, the applicable laws and regulations and best industry practices. This means that You must, among other things: (1) provide Festivality with accurate, correct and relevant information about Yourself and update it, as necessary, (2) not use the Festivality Application, Services or Content, or any part or element thereof, for committing a crime, conducting some other breach of any applicable law or for calling up for others to carry out such illegal actions, including, but not limited to, transmitting any malicious or unsolicited software, spamming or phishing the other users, impersonating any other persons or entities or misrepresenting Your affiliation with them, breaching any intellectual property laws and regulations, (3) not copy, duplicate, distribute, modify, adapt, hack, create derivative works, reverse engineer or decompile the Festivality Application, Services or Content, or any part or element thereof or breach Festivality’s or any third party’s intellectual property rights in any other way, (4) not use the Festivality Application and Services on behalf of multiple users (collectively, “Prohibited Uses”).
Festivality’s remedies as regards the Festivality Payment. Should Festivality have reason to believe that the person using the Festivality Payment is not the person authenticated, i.e. the person who is the card holder or authorised by the card holder (resulting in a Prohibited Use), Festivality shall not conduct the transaction and shall notify the necessary organisations immediately.
Support. Festivality offers support in solving any Visitor problems. The contact for Festivality support service is: firstname.lastname@example.org. You can also send support requests directly from within Festivality Application under Support module. All inquiries submitted by e-mail shall receive a response within 1 business day.
INTELLECTUAL PROPERTY RIGHTS
The Festivality Application is a solution for providing the Services, including applications, software, hardware, data bases, interfaces, associated media, documentation, updates, new releases and other components or materials provided therewith. The Festivality Application and any parts or elements thereof are solely and exclusively owned and operated by Festivality and their third party partners and licensors.
“Content” is any data and information available through the Festivality Application and Services. Content submitted to the Festivality Application and Services by the Organiser, Visitor, Merchant or any third party belongs to the respective Organiser, Visitor, Merchant or third party (respectively, “Visitor Content”, collectively, “User Content”). All Content, except for User Content, is solely and exclusively owned by Festivality and its third party partners and licensors. All User Content is solely and exclusively owned by the respective Organiser, Visitor, Merchant or third party submitting it and its third party partners and licensors.
Your use of the Festivality Application and Services does not grant to You ownership of the Festivality Application, Services or Content, or any part or element thereof, except for Visitor Content. Subject to the foregoing, upon entry into the Agreement, Festivality grants You a non-exclusive license to use the Festivality Application on a single, authorised mobile device in compliance with the Agreement for the regular purpose for which the Festivality Application is intended. The license is not sub-licensable nor transferrable. The license is royalty-free and the license is valid from the moment You download the Festivality Application until the Agreement is terminated.
Visitor Content. You retain all Your ownership rights in original aspects of Your Visitor Content. By submitting Your Visitor Content to the Festivality Application and Services, You hereby grant us and our affiliates, sublicensees, partners, designees, and assignees a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce (including by making mechanical reproductions), distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform, and otherwise exploit Your Visitor Content and derivatives thereof for the limited purpose of: (1) providing the Festivality Application and Services, (2) marketing, promoting, and/or redistributing part or all of the Services (and derivative works thereof) in any media formats and through any websites, social media networks or media channels now known or hereafter discovered or developed, and (3) if You provide us with any comments, bug reports, feedback, or modifications, we shall have the right to use it at our discretion for any purpose, including, but not limited to the incorporation of such suggested changes into the Festivality Application and Services.
You are solely responsible for Visitor Content and the consequences of submitting it, including any harm resulting from it. You understand that the Visitor Content may be visible, in whole or in part, to other users and the public. In connection with Visitor Content, You affirm, represent, and warrant that: (1) You either own the Visitor Content or have the necessary licenses, rights, consents, and permissions to use and authorise us to use the Visitor Content under all intellectual property rights as set herein, and (2) the Visitor Content, our or our licensee’s use of such Visitor Content pursuant to the Terms does not and will not: (a) infringe, violate, or misappropriate Festivality’s or any third party’s rights (including, but not limited to, intellectual property rights), (b) violate any applicable law or regulation (including, but not limited to, any consumer protection and advertising laws and regulations and data protection regulations), or (c) require obtaining a license from or paying any fees and/or royalties by Festivality to any third party.
LIMITATION OF LIABILITY
We do our best to offer the Festivality Application and Services uninterrupted but this may not always be fully possible. Unless otherwise expressly stated by Festivality, the Festivality Application, Services and Content are provided “as is” and “as available” without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Festivality and its affiliates disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement of proprietary rights, correctness, accuracy, and reliability.
Under no circumstances, to the maximum extent permitted by applicable law, including, but not limited to, negligence, will Festivality or its affiliates, officers, directors, contractors, employees, agents, or third-party partners be liable to You for any other damages but direct patrimonial damages, including any loss of profit, non-patrimonial damages, special, indirect, incidental, consequential, punitive, or exemplary damages, arising from or related to the use of the Festivality Application, Services and Content, including those that result from the inability to use them, or any linked sites, or any other interactions with Festivality, even if Festivality or its authorised representative has been advised of the possibility of such damages.
Festivality is not liable for, including, but not limited to: (1) any permanent or temporary interruption, discontinuance, suspension or other type of unavailability, failure or inaccuracy of the Festivality Application and Services, including the Festivality Payment, (2) any modifications in the Application or Services, (3) any interruption or cessation of transmission to or from the Festivality Application or Services, (4) any bugs, viruses, Trojan horses or the like, which may be transmitted to or through the Festivality Application or Services, (5) deletion of, corruption of, or failure to store any Visitor Content, (6) any disclosure, loss or unauthorised use of the login credentials due to the Visitor’s failure to keep them confidential, (7) the application of any remedies against the Visitor by Festivality, even if the reasonable grounds or legal basis for the application of these remedies turned out to be unfounded or invalid afterwards, (8) the incompatibility of technologies used for accessing the Festivality Application and Services, (9) any User Content.
The Festivality Application and Services may include links to other websites or services (“Linked Sites”) solely as a convenience to You. Festivality does not endorse any such Linked Sites or the information, material, products, or services contained on or accessible through Linked Sites. These limitations of liability and damages also apply with respect to damages incurred by You by reason of any Linked Sites. Access and use of Linked Sites, including the information, material, products, and services on Linked Sites or available through Linked Sites, is solely at Your own risk.
The Parties shall not be liable for anything that is the result of any events beyond the Party’s reasonable control and which, at the time the Agreement was entered into or the non-contractual obligation arose, the Party could not reasonably have been expected to take into account, avoid or overcome the impediment or the consequences thereof which the obligor could not reasonably have been expected to overcome (“Force Majeure”), provided that the Party endeavours to minimise the effect of the Force Majeure event on its performance of its obligations.
MODIFICATIONS AND AMENDMENTS
Festivality is committed to improving and enhancing the Festivality Application and Services. Festivality reserves the right to modify the Festivality Application and Services from time to time without prior notice and explanation. Such modifications may include changes in the touch and feel of the Festivality Application and Services, rebranding the Festivality Application and Services, suspension or termination of a particular Service or part or element of the Festivality Application etc.
Festivality may amend the Terms from time to time. For example, the amendments may be introduced as a result of: (1) a change in the applicable law or its interpretation, (2) a court decision, administrative act or other legal act requiring the amendment, (3) the modification or termination of a Service or functionality in the Festivality Application, (4) introduction of a new Service or functionality in the Festivality Application, (5) complaints and suggestions from users, (6) new technologies and other innovations emerging from time to time, which allow Festivality to enhance the quality, security and user experience of the Festivality Application and Services, (7) changes in the business model, work organisation or authorisations of Festivality, (8) other unforeseeable circumstances when amending the Terms is reasonably required.
Festivality shall notify You of any amendments to the Terms by e-mail and/or by posting such amendments on the Festivality Application. The notification shall include the date of entry into force of the amended Terms and the fact that if You disagree with the amendments, You may cancel the Agreement within 30 days as of sending the notification by e-mail and/or posting it on the Festivality Application, by deleting or stop using the Application. If You have not cancelled the Agreement within those 30 days, it shall be understood that You have consented to the amendments.
If You use the Festivality Application and Services for any Prohibited Uses or breach any guarantees You have given under the Agreement, Festivality may immediately suspend or terminate Your access to the Festivality Application and Services. Festivality may also take other remedies necessary to prevent continued Prohibited Uses or breach of Agreement, including, but not limited to, deleting infringing content. Festivality is not obliged to review and monitor any Visitor Content but will do so if it has reason to believe that the Visitor is using the Festivality Application and Services for any Prohibited Uses.
You agree to indemnify and release from reliability Festivality and its affiliates from any claims, losses, damages, liabilities, including attorney’s fees, arising out of Your use or misuse of the Festivality Application and Services, violation of these Terms, and violation of the rights of any third parties.
TERM AND TERMINATION
The Agreement is concluded for an indefinite term. The Agreement may be terminated for convenience by the Visitor at any time by deleting the Festivality Application. Festivality may terminate the Agreement for convenience at any time upon decision to end provision of the Services and close the Festivality Application.
The Agreement may be terminated by Festivality immediately: (1) in case of breach of the Agreement by the Visitor if the infringement has not been cured during 30 calendar days after receipt of a notice from Festivality asking to do so, and (2) in case of material breach of the Agreement. The following is considered a material breach of the Agreement: Using the Festivality Application for any Prohibited Uses.
Upon termination of the Agreement, You shall cease using the Festivality Application and Services and shall destroy all copies of the same in any form. All disclaimers of warranties, limitations of liability and indemnifications shall survive the termination of the Agreement.
Severability. If any term, condition or provision of the Terms is held to be invalid, unenforceable or illegal in whole or in part for any reason, that term, condition or provision shall be enforced to the maximum extent permissible so as to effect the intent of the Parties. The validity and enforceability of the remaining terms, conditions or provisions, or parts thereof, shall not be affected.
Assignment. The Visitor may not, directly or indirectly, in whole or in part, by operation of law or otherwise, assign or transfer the Agreement or delegate any of its rights or obligations under the Agreement without Festivality’s prior written consent. Any attempted assignment, transfer or delegation without such consent will be void and unenforceable. This does not apply to the assignment of claims. Festivality may not assign or transfer the Agreement or delegate any of its rights or obligations under the Agreement without Your prior written consent if such assignment, transfer or delegation reduces the probability of executing the Agreement.
No waiver. Failure of either Party to exercise or enforce any provision of or any of its rights under the Agreement shall not be deemed a waiver of future enforcement of that or any other provision or right.
Governing law. The Agreement shall be governed by and construed in accordance with the laws of the Republic of Estonia, without giving effect to any principles of conflicts of law. The United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention of 1980) shall not apply.
Resolution of disputes. In the event of a dispute, controversy or claim arising out of or in relation to the Agreement, the Parties shall attempt to solve the matter amicably in mutual negotiations. In the event a mutually acceptable resolution cannot be reached within a reasonable time, the dispute shall be finally solved according to the procedural laws of the Republic of Estonia.
Consumer protection. You have all relevant consumer protection rights under the law, including the right to turn to the consumer Protection Board. You understand and consent that the nature of the Agreement is such that it is not possible to withdraw from it.
Language of the Agreement. You understand and consent to the fact that the Agreement in concluded and the Festivality Application and Services are available in the English language. Festivality may decide to offer the Agreement and the Festivality Application and Services in other languages too by pointing out such possibility in the Festivality Application and Services.
Copy of the Terms. The Terms, as well as any previous versions thereof, remain available at http://www.festivality.co/terms-of-service.
Date of entry into force: 14.03.2016.