Terms of use for organizers utilizing Weezevent’s services

Preamble

These Terms of Use (here­inafter referred to as the “ToU”) gov­ern­ing Weezevent’s ser­vices are intend­ed to define the respec­tive rights and oblig­a­tions of 9304–4238 Québec Inc., oper­at­ing under the name Weezevent (“Weezevent”), and those of the Event Orga­niz­er (here­inafter referred to as the “Orga­niz­er”).

By reg­is­ter­ing on the Weezevent web­site, the Orga­niz­er express­ly accepts these ToU, which will pre­vail in the event of a dis­pute.

Weezevent pro­motes an online Event tick­et­ing solu­tion under sev­er­al domains, sub­do­mains and alias­es, as well as through mobile appli­ca­tions, includ­ing but not lim­it­ed to, the Arthur and Weeza­c­cess apps (here­inafter col­lec­tive­ly referred to as the “Sites”) and mar­kets this solu­tion to assist Orga­niz­ers.

It acts as a ser­vice provider and agent, in the name and on behalf of Orga­niz­ers, and assists Orga­niz­ers using its exper­tise, struc­tures and equip­ment.

Weezevent also pro­motes a tick­et­ing solu­tion that Orga­niz­ers can use direct­ly, at the Event venue.

These ToU gov­ern the con­trac­tu­al rela­tions between the Orga­niz­er and Weezevent (here­inafter col­lec­tive­ly referred to as the “Par­ties”).

ARTICLE 1. Contractual Object

This ser­vice agree­ment autho­rizes Weezevent to act as the Organizer’s agent with the aim of pro­duc­ing, issu­ing, dis­trib­ut­ing and sell­ing tick­ets (here­inafter referred to as the “Tick­ets”) in the name and on behalf of the Orga­niz­er.

Thus, Weezevent sells book­ing agree­ments and admit­tance and atten­dance rights (here­inafter referred to as “Admit­tance Rights”) in the name and on behalf of the Orga­niz­er. The Orga­niz­er remains ful­ly respon­si­ble for the Event’s orga­ni­za­tion vis-à-vis Tick­et buy­ers (here­inafter referred to as “Atten­dees”).

With­in this frame­work, Weezevent acts as a ser­vice provider, work­ing on behalf of the Orga­niz­er. There­fore, Weezevent’s exclu­sive role is that of an inter­me­di­ary, act­ing as an agent in the name and on behalf of the Orga­niz­er, who acknowl­edges the nature of said rela­tion­ship.

A tick­et is a phys­i­cal man­i­fes­ta­tion of an Admit­tance Right. It allows Atten­dees to present them­selves at the Event venue and ben­e­fit from ser­vices offered by the Orga­niz­er.
As regards equip­ment pro­vi­sion at the Event venue or the issuance of com­ple­men­tary Tick­ets, Weezevent does not act as an agent, but mere­ly as a ser­vice provider that invoic­es the Orga­niz­er for its ser­vices. The pro­vi­sions out­lined in these ToU still apply, inso­far as they are com­pat­i­ble with Weezevent’s sole sta­tus as a ser­vice provider.

Ser­vices avail­able through the Weezevent solu­tion

Weezevent makes online admin­is­tra­tive soft­ware (here­inafter referred to as the “Soft­ware”) avail­able to Orga­niz­ers, who can access said Soft­ware on Weezevent Sites after enter­ing their access code and pass­word. This Soft­ware enables the Orga­niz­er to autonomous­ly set up his/her Event(s), under the con­di­tions set forth here­in. It may not be used for any oth­er pur­pose. The Orga­niz­er can also use it to con­sult sales fig­ures in real time.

Should Weezevent so agree, it may set up the Event on behalf of the Orga­niz­er, pro­vid­ed that the lat­ter sends a pri­or express writ­ten request to this effect. In this case, the Orga­niz­er must send Weezevent all the nec­es­sary infor­ma­tion relat­ed to the Event in ques­tion.

Such infor­ma­tion must be pro­vid­ed with­in a rea­son­able and mutu­al­ly accept­ed time frame. Once this infor­ma­tion has been received, Weezevent is enti­tled to a min­i­mum peri­od of 2 work­ing days to update it and post it online.

The Weezevent solu­tion may also be used to adver­tise Events.

Tick­ets and Event-relat­ed prod­ucts are sold to Atten­dees through Weezevent Sites. Weezevent han­dles Attendee pay­ments and deliv­er­ies. Phys­i­cal sales may also be car­ried out using the Weezevent solu­tion, in which case pay­ment is made direct­ly to Orga­niz­ers. This pro­ce­dure is fur­ther described in an arti­cle includ­ed here­in. Gen­er­al­ly speak­ing, Weezevent sells online Tick­ets exclu­sive­ly on its Sites, using its own Inter­net servers. The Orga­niz­er may, how­ev­er, inte­grate the pur­chas­ing mod­ule into a third-par­ty site that access­es Weezevent’s servers.

Nonethe­less, the Orga­niz­er express­ly autho­rizes Weezevent to mar­ket Event Tick­ets through its part­ner net­works. In this case, Weezevent is sole­ly respon­si­ble for remu­ner­at­ing its part­ners, who may freely set a final sales price that is high­er than the Organizer’s price, post­ed online via the Soft­ware.

Weezevent is under no oblig­a­tion to sell a min­i­mum or guar­an­teed num­ber of Tick­ets, and the Orga­niz­er alone bears the risks asso­ci­at­ed with unsold tick­ets.
The Orga­niz­er shall pro­vide Weezevent with a guar­an­teed Tick­et quo­ta, which may be increased if nec­es­sary. The Orga­niz­er agrees that it will not sur­pass the Event venue’s actu­al host­ing capac­i­ty by sell­ing, or allow­ing Weezevent to sell, a sur­plus num­ber of Admit­tance rights.

The Orga­niz­er agrees that it will not know­ing­ly mis­in­form or deceive Atten­dees by engag­ing in mis­lead­ing or decep­tive Event adver­tis­ing (i.e. mak­ing false claims, sug­ges­tions, or pitch­es). It is not Weezevent’s respon­si­bil­i­ty to ver­i­fy the accu­ra­cy of the Organizer’s infor­ma­tion. Nor is it up to Weezevent to deter­mine whether Event adver­tis­ing is like­ly to mis­lead Atten­dees.

ARTICLE 2. Ticket Prices and Fees

The Orga­niz­er is sole­ly respon­si­ble for deter­min­ing Tick­et prices.

The remu­ner­a­tion received by Weezevent (here­inafter referred to as “Remu­ner­a­tion”) is based on Tick­et prices and/or Soft­ware use (which is based on the num­ber of Tick­ets), as applic­a­ble. Remu­ner­a­tion amounts are indi­cat­ed in our Price List, which can be found on Weezevent Sites under the head­ing “Pric­ing.”

Any mod­i­fi­ca­tions per­tain­ing to Remu­ner­a­tion shall be made under the con­di­tions stip­u­lat­ed in Arti­cle 24 here­in.

The Par­ties express­ly agree that Remu­ner­a­tion remains due under all cir­cum­stances. Thus, should the Orga­niz­er need to refund the cost of Atten­dees’ Tick­ets, for what­ev­er rea­son, Weezevent is still enti­tled to the afore­men­tioned Remu­ner­a­tion.

Remu­ner­a­tion, as defined in this arti­cle, includes or is in addi­tion to applic­a­ble tax­es, as out­lined in the Price List. These tax­es must be paid by the Orga­niz­er in all cas­es.

The Orga­niz­er autho­rizes Weezevent to charge Atten­dees a pro­cess­ing fee, which belongs whol­ly to Weezevent. Weezevent is respon­si­ble for col­lect­ing these pro­cess­ing fees.
Weezevent shall be remu­ner­at­ed for com­ple­men­tary Tick­ets and for Tick­ets gen­er­at­ed by the Soft­ware and result­ing in direct sales to be paid to the Orga­niz­er. Remu­ner­a­tion amounts are indi­cat­ed in our Price List, which can be found on Weezevent Sites under the head­ing “Pric­ing.”

ARTICLE 3. Financial Provisions

Pay­ment for Tick­et sales

Pay­ments for Tick­et sales are sent to Orga­niz­ers every 15 days, on the first and six­teenth of each month. Due to unavoid­able inter-bank delays and non-busi­ness days, pay­ments to Orga­niz­ers are gen­er­al­ly acces­si­ble 5 to 8 days after the first and six­teenth of the month. Addi­tion­al time for con­trol and secu­ri­ty oper­a­tions is to be expect­ed for the first pay­ment.

Each Event is accom­pa­nied by a sales sum­ma­ry. The Orga­niz­er can use the Soft­ware to access these sales sum­maries at any time.

Any objec­tions about pay­ments made to the Orga­niz­er by Weezevent must be report­ed as soon as pos­si­ble, and no lat­er than one month after the pay­ment is made. If no objec­tions are made, pay­ments are con­sid­ered final and ful­ly release Weezevent from any fur­ther oblig­a­tion.

If the Orga­niz­er does not pro­vide his/her bank details, or if such infor­ma­tion is incom­plete, inac­cu­rate or involves a cur­ren­cy oth­er than the sales cur­ren­cy, Weezevent will not be able to effec­tu­ate pay­ment.

With­hold­ing pay­ment for Tick­et sales

Weezevent reserves the right to with­hold pay­ment to an Orga­niz­er if it has any doubts con­cern­ing the enti­ty that is to receive the funds in ques­tion. Such doubts may result from the use of a for­eign account, miss­ing infor­ma­tion, etc. Weezevent’s ser­vices may not be used for ille­gal or fraud­u­lent pur­pos­es.

Weezevent may uni­lat­er­al­ly decide to with­hold pay­ment for Tick­et sales. How­ev­er, it shall inform the Orga­niz­er of this deci­sion by email, with­in 2 work­ing days of mak­ing the deci­sion to with­hold funds. In this case, Weezevent will with­hold the sum of all Tick­et sales until the account owner’s iden­ti­ty has been duly val­i­dat­ed.

Sim­i­lar­ly, under the afore­men­tioned con­di­tions, Weezevent reserves the right to with­hold pay­ment for sums due until the Event has suc­cess­ful­ly tak­en place, if there are legit­i­mate doubts as to whether the event will take place as planned: e.g. an Event whose risk of can­cel­la­tion is high, an Event that may poten­tial­ly be in con­flict with pub­lic pol­i­cy reg­u­la­tions, etc.

Weezevent also reserves the right, under the afore­men­tioned con­di­tions, to with­hold pay­ment for sums due until the Event has suc­cess­ful­ly tak­en place, if there are legit­i­mate doubts per­tain­ing to the Organizer’s right to dis­trib­ute Tick­ets for said Event: e.g. an Orga­niz­er who does not pos­sess all nec­es­sary autho­riza­tions to orga­nize an Event, or who engages in mis­lead­ing adver­tis­ing prac­tis­es, or who clear­ly lacks the right to stage a per­for­mance, etc.

Should any of the afore­men­tioned sit­u­a­tions occur, Weezevent reserves the right to request that the Orga­niz­er pro­vide doc­u­men­ta­tion attest­ing to the real­i­ty and seri­ous­ness of the Event in ques­tion. Such doc­u­men­ta­tion includes, but is not lim­it­ed to, leas­ing agree­ments, Event-relat­ed per­mits, proof of busi­ness reg­is­tra­tion, proof of ID for orga­ni­za­tion­al exec­u­tives, con­tracts con­clud­ed with artists, etc.

Under no cir­cum­stances shall the trans­mis­sion of such doc­u­men­ta­tion be con­sid­ered suf­fi­cient proof requir­ing pay­ment of the sums con­cerned. In cas­es involv­ing legit­i­mate doubt about an Event or an Orga­niz­er, Weezevent is autho­rized to with­hold pay­ment for Tick­et sales, pend­ing the Event’s suc­cess­ful out­come or Atten­dees’ even­tu­al reim­burse­ment. Weezevent express­ly reserves the right to con­tact Atten­dees to ver­i­fy any claims made by the Orga­niz­er.

Billing man­date

By accept­ing these ToU, the Par­ties express­ly agree that the Orga­niz­er autho­rizes Weezevent to draw up invoic­es in his/her name and on his/her behalf. The ren­der­ing of accounts out­lined in this arti­cle refer to invoic­es issued in the name and on behalf of the Orga­niz­er. In this respect, and in accor­dance with cur­rent tax pro­vi­sions, the Orga­niz­er retains full respon­si­bil­i­ty for its billing oblig­a­tions and any applic­a­ble asso­ci­at­ed tax­es. The one-month peri­od, stip­u­lat­ed in para­graph 3 of this arti­cle, also applies to the con­tes­ta­tion of invoice con­tents. The Orga­niz­er firm­ly com­mits to: pay­ing all applic­a­ble tax­es appear­ing on invoic­es to tax author­i­ties, imme­di­ate­ly request­ing a copy of said invoic­es if dupli­cates are not received, and report­ing any busi­ness iden­ti­fi­er changes to Weezevent.

The billing man­date grant­ed to Weezevent does not absolve the Orga­niz­er of his/her tax oblig­a­tions. The Orga­niz­er acknowl­edges hav­ing been duly informed of the fact that all invoic­es, issued in his/her name and on his/her behalf, must bear the same infor­ma­tion as those issued direct­ly by the Orga­niz­er, includ­ing, but not lim­it­ed to, assigned tax num­bers. The Orga­niz­er agrees to imme­di­ate­ly inform Weezevent of any manda­to­ry busi­ness infor­ma­tion that does not appear on the invoic­es.

In the even­tu­al­i­ty that it is impossible—for what­ev­er rea­son, includ­ing those out­lined in these ToU—for Weezevent to effec­tu­ate pay­ment of sums due to the Orga­niz­er, an email alert will be sent. This email shall inform the Orga­niz­er of the impos­si­bil­i­ty of pay­ment, indi­cate the rea­sons (whether tech­ni­cal or admin­is­tra­tive) for the set­back and out­line the actions that must be tak­en by the Orga­niz­er so that pay­ment may resume as quick­ly as pos­si­ble. Should the sums due remain unclaimed 24 months fol­low­ing the date that the first email alert was sent to the Orga­niz­er, Weezevent will be com­pelled to record these sums as part of its own rev­enue. Weezevent’s con­tact details include those of our billing ser­vice. Feel free to con­tact us should you require fur­ther help or infor­ma­tion.

ARTICLE 4. Unpaid tickets

Weezevent’s sole respon­si­bil­i­ty to the Orga­niz­er is the prop­er per­for­mance of its oblig­a­tions under this ser­vice and man­date agree­ment, i.e. sell­ing Tick­ets to Atten­dees in the name and on behalf of the Orga­niz­er. Con­se­quent­ly, Weezevent is in no way respon­si­ble for any acts of mis­con­duct com­mit­ted by Atten­dees, includ­ing (but not lim­it­ed to) the non-pay­ment of Tick­et prices. Thus, the Orga­niz­er is respon­si­ble, with­out excep­tion, for any deb­it or cred­it card pay­ment rejec­tions (here­inafter referred to as “Unpaid tick­ets”) that may occur, for what­ev­er rea­son, with­in 180 days of the transaction’s ini­tial val­i­da­tion date and must there­fore reim­burse Weezevent upon request in such cas­es.
A cred­it or deb­it card trans­ac­tion over the Inter­net may be void­ed if the card hold­er informs his/her finan­cial insti­tu­tion that the trans­ac­tion was not autho­rized or that the order was not deliv­ered with­in a 180-day peri­od. Pay­ment rejec­tions typ­i­cal­ly occur due to dis­putes aris­ing from card theft or loss. They may also occur when the card hold­er does not rec­og­nize the trans­ac­tion on his/her state­ment or, occa­sion­al­ly, they may be the result of an error. In the event of a void­ed trans­ac­tion, the card holder’s bank can­cels the trans­ac­tion and with­draws the mon­ey from Weezevent’s bank account.

The Orga­niz­er express­ly agrees to assume the risk of Unpaid tick­ets and to indem­ni­fy and hold Weezevent harm­less in such cas­es.

If a tick­et goes Unpaid and the sum due has already been paid to the Orga­niz­er, Weezevent will attempt to con­tact the Attendee to resolve the sit­u­a­tion. After a peri­od of one month from the date the Unpaid notice is issued by the bank, Weezevent will invoice the Orga­niz­er for the amount of the Unpaid tick­et and the rel­e­vant Remu­ner­a­tion due to Weezevent.

To pro­tect itself and the Orga­niz­er against the risk of Unpaid tick­ets, Weezevent makes use of all rea­son­able tech­ni­cal devices cur­rent­ly used by major e‑commerce stake­hold­ers for secu­ri­ty pur­pos­es (i.e. 3D Secure tech­nol­o­gy). The Orga­niz­er express­ly acknowl­edges that Weezevent may not be held liable for the fail­ure of any of these sys­tems and that he/she is per­fect­ly famil­iar with the sys­tems in ques­tion, most notably those employed in con­nec­tion with stolen for­eign cred­it cards. Fur­ther­more, in the con­text of the rela­tion­ship between Weezevent and the Orga­niz­er, the lat­ter express­ly agrees that he/she remains liable to Weezevent for any Unpaid tick­ets that may arise, regard­less of the cir­cum­stances. Weezevent shall, how­ev­er, active­ly assist the Orga­niz­er in recov­er­ing out­stand­ing sums from Atten­dees, par­tic­u­lar­ly in light of any infor­ma­tion that it may poten­tial­ly pos­sess and be autho­rized to trans­mit, in com­pli­ance with the legal pro­vi­sions in force.

ARTICLE 5. Events registered by the Organizer

The Par­ties express­ly agree that each Event set up by the Orga­niz­er autho­rizes Weezevent to sell cor­re­spond­ing Event Tick­ets, based on fixed quo­tas, in the name and on behalf of the Orga­niz­er. At the time that each Event is set up, the Orga­niz­er shall spec­i­fy Tick­et quo­tas, Event dates and times, and Tick­et sales prices.

ARTICLE 6. Organizer’s General Terms and Conditions

The Par­ties may agree to share the Organizer’s Gen­er­al Terms and Con­di­tions of Sale with Atten­dees, pro­vid­ed that the Orga­niz­er sends a pri­or express writ­ten request to this effect.

The method used to dis­sem­i­nate the Organizer’s Gen­er­al Terms and Con­di­tions to Atten­dees is out­lined in the admin­is­tra­tive inter­face.

ARTICLE 7. Event Modifications and Cancellations – Attendee Reimbursement

Can­cel­la­tion

If an Event is sig­nif­i­cant­ly mod­i­fied (i.e. the Event date, time, venue or pro­gram is changed) and Tick­ets have already been sold or are still on sale, the Orga­niz­er must inform Weezevent imme­di­ate­ly.

Under these ToU, sig­nif­i­cant Event mod­i­fi­ca­tions are con­sid­ered Event can­cel­la­tions.

Reim­burse­ment oblig­a­tion

Should an Event be can­celled, the oblig­a­tion to reim­burse Atten­dees for the total amount paid is the respon­si­bil­i­ty of the Orga­niz­er.

The Orga­niz­er express­ly autho­rizes Weezevent to pro­ceed with reim­burse­ment activ­i­ties, using the sums col­lect­ed on his/her behalf. Should these sums be insuf­fi­cient, the Orga­niz­er agrees to pro­vide Weezevent with the nec­es­sary funds to reim­burse Atten­dees. Fur­ther­more, before and/or dur­ing Event mar­ket­ing, Weezevent reserves the right to require that the Orga­niz­er pro­vide a per­son­al guar­an­tee, stip­u­lat­ing that he/she is respon­si­ble for reim­burs­ing Tick­et prices and pay­ing any relat­ed can­cel­la­tion fees. If nec­es­sary, this guar­an­tee may be required from any nat­ur­al per­son, domi­ciled in Cana­da, regard­less of whether or not they have par­tic­i­pat­ed in the Event’s orga­ni­za­tion.

In the event of Attendee reim­burse­ment, the Remu­ner­a­tion owed to Weezevent by the Orga­niz­er remains due and payable to Weezevent.

Fur­ther­more, in accor­dance with the Price List, an Event’s can­cel­la­tion gives rise to the invoic­ing of can­cel­la­tion fees.

Reim­burse­ments request­ed by the Orga­niz­er

Should an Event be post­poned, sig­nif­i­cant­ly mod­i­fied or can­celled, the Orga­niz­er may express­ly request that Weezevent total­ly or par­tial­ly reim­burse Atten­dees for the cost of all or part of the Tick­ets already sold, with­out being oblig­at­ed to pro­vide a rea­son. In this case, the Orga­niz­er must pay Weezevent the sums nec­es­sary to under­take the reim­burse­ment. Should the Orga­niz­er ini­ti­ate such a reim­burse­ment, the Remu­ner­a­tion owed to Weezevent remains due and payable.

Fraud­u­lent use – Guar­an­tee

Giv­en that the Soft­ware must not be used for fraud­u­lent pur­pos­es or by dis­hon­est Orga­niz­ers, Weezevent reserves the right to with­hold the total sum of Tick­et sales until the Event’s suc­cess­ful com­ple­tion under Arti­cle 3, “With­hold­ing Pay­ment for Tick­et Sales,” here­in. Fur­ther­more, before and/or dur­ing Event mar­ket­ing, Weezevent reserves the right to require that the Orga­niz­er pro­vide a per­son­al guar­an­tee, stip­u­lat­ing that he/she is respon­si­ble for reim­burs­ing Tick­et prices and pay­ing relat­ed can­cel­la­tion fees. If nec­es­sary, this guar­an­tee may be required from any nat­ur­al per­son, domi­ciled in Cana­da, regard­less of whether or not they have par­tic­i­pat­ed in the Event’s orga­ni­za­tion.

ARTICLE 8. Intellectual Property

Weezevent’s rights

Weezevent owns all rights, titles and inter­ests to its Sites and Soft­ware. The Orga­niz­er acknowl­edges that the Soft­ware is pro­tect­ed by intel­lec­tu­al prop­er­ty rights and agrees to respect these rights and ensure that his/her employ­ees respect these rights. Thus, nei­ther the Orga­niz­er nor his/her employ­ees are autho­rized to copy or repro­duce the Soft­ware in any form or by any means, whether in whole or in part. Nor are they autho­rized to tran­scribe or trans­late the Soft­ware into any oth­er lan­guage or tongue, adapt it, or add any objects to it that do not con­form to its spec­i­fi­ca­tions.

Exclud­ing con­tent that may be post­ed by Orga­niz­ers, all con­tent includ­ed or acces­si­ble on or through Weezevent’s Sites, par­tic­u­lar­ly texts, graph­ics, logos, names, trade­marks, des­ig­na­tions, tabs, fea­tures, images, sounds, data, pho­tographs, and any oth­er equip­ment or Soft­ware (here­inafter referred to as “Weezevent Con­tent”), is the exclu­sive prop­er­ty of Weezevent and is pro­tect­ed by intel­lec­tu­al prop­er­ty rights and exist­ing intel­lec­tu­al prop­er­ty laws.

Only Weezevent and its licensees are autho­rized to use and exploit Weezevent Con­tent. Any oth­er use or exploita­tion con­sti­tutes a pro­hib­it­ed act of infringe­ment, unless Weezevent has giv­en its express writ­ten con­sent.

Weezevent Con­tent may not be down­loaded, copied, altered, mod­i­fied, delet­ed, dis­trib­uted, trans­mit­ted, dis­sem­i­nat­ed, leased, sold, licensed or used in any man­ner what­so­ev­er, whether in whole or in part, with­out Weezevent’s express writ­ten con­sent.

Host­ing of Orga­niz­er Con­tent

By post­ing content—including texts, images, videos, dig­i­tal files and/or oth­er ele­ments (here­inafter referred to as “Orga­niz­er Content”)—on Weezevent Sites, the Orga­niz­er autho­rizes oth­er Orga­niz­ers, the pub­lic and Atten­dees to view Orga­niz­er Con­tent, made avail­able through said Sites or through oth­er elec­tron­ic com­mu­ni­ca­tions media (includ­ing mobile phones), sole­ly for per­son­al pur­pos­es and free of charge. This autho­riza­tion cov­ers the entire time peri­od dur­ing which Orga­niz­er Con­tent is host­ed on Weezevent Sites.
The Orga­niz­er autho­rizes Weezevent to post or repro­duce Orga­niz­er Con­tent and, if nec­es­sary, to adapt the for­mat of said con­tent for the entire time peri­od dur­ing which it is host­ed on Weezevent Sites, for the sole pur­pose of mak­ing it avail­able via the Inter­net and/or oth­er elec­tron­ic com­mu­ni­ca­tions media.

Due to the nature of the Inter­net, Weezevent may not be held liable for the mis­ap­pro­pri­a­tion or pira­cy of con­tent trans­mit­ted to Weezevent by the Orga­niz­er. It is the Organizer’s respon­si­bil­i­ty to imple­ment all nec­es­sary mea­sures intend­ed to safe­guard Orga­niz­er Con­tent and relat­ed data.

ARTICLE 9. Responsibility for Online Content Submitted by the Organizer

By post­ing Orga­niz­er Con­tent on Weezevent Sites, the Orga­niz­er is sub­ject to the asso­ci­at­ed legal pro­vi­sions and reg­u­la­tions in force. The Orga­niz­er is there­fore respon­si­ble for ensur­ing that the stor­age and dis­sem­i­na­tion of Orga­niz­er Con­tent does not vio­late the rights of any third par­ties, from which nec­es­sary autho­riza­tions have not been obtained.

Using Weezevent ser­vices to orga­nize illic­it or ille­gal Events is strict­ly pro­hib­it­ed.

The dis­sem­i­na­tion of con­tent that is like­ly to offend pub­lic order and/or moral­i­ty is pro­hib­it­ed. More specif­i­cal­ly, Weezevent’s host­ing ser­vices may not be used to broad­cast con­tent or infor­ma­tion that incites dis­crim­i­na­tion, hatred or vio­lence toward an indi­vid­ual or a group based on their affil­i­a­tion or non-affil­i­a­tion with a par­tic­u­lar race, reli­gion, nation or sex­u­al ori­en­ta­tion or that offends vic­tims of crimes against human­i­ty by ques­tion­ing the exis­tence of these crimes or by glo­ri­fy­ing them. Like­wise, the dis­sem­i­na­tion of con­tent that is humil­i­at­ing, defam­a­to­ry or porno­graph­ic, or that infringes on legal pro­vi­sions intend­ed to pro­tect chil­dren, is strict­ly pro­hib­it­ed.
Should Orga­niz­er Con­tent vio­lat­ing the afore­men­tioned inter­dic­tions be dis­sem­i­nat­ed, said con­tent may be sub­ject to removal and the Organizer’s account deac­ti­vat­ed, with­out prej­u­dice to any dam­ages claimed against the Orga­niz­er and with­out any pri­or for­mal notice being required.

Weezevent assumes no respon­si­bil­i­ty for data, infor­ma­tion or con­tent, includ­ing Orga­niz­er Con­tent, fur­nished by the Orga­niz­er and dis­trib­uted via Weezevent Sites.

ARTICLE 10. Service Interruptions

In the event of sched­uled ser­vice inter­rup­tions due to main­te­nance, secu­ri­ty or stor­age man­age­ment oper­a­tions, Weezevent shall inform the Orga­niz­er with­in a rea­son­able time peri­od pri­or to the inter­rup­tion. Weezevent shall also indi­cate the fore­see­able dura­tion of ser­vice inter­rup­tion. Weezevent shall do its best to sched­ule main­te­nance oper­a­tions in a man­ner that min­i­mizes their impact on tick­et­ing ser­vice acces­si­bil­i­ty. Nev­er­the­less, giv­en that main­te­nance oper­a­tions may be car­ried out from Europe, they may poten­tial­ly take place dur­ing work­ing hours in North Amer­i­ca.

As soon as Weezevent becomes aware of any tech­ni­cal mal­func­tions, affect­ing its tick­et­ing sys­tem and like­ly to cause an inter­rup­tion of more than 24 hours, it shall inform the Orga­niz­er there­of using the status.Weezevent.com site, so that the lat­ter may make all nec­es­sary arrange­ments to sell the Tick­ets per­son­al­ly or via oth­er dis­tri­b­u­tion chan­nels. Under no cir­cum­stances may Weezevent be held liable for non-sched­uled ser­vice inter­rup­tions that are not the result of neg­li­gence. Should such a ser­vice inter­rup­tion occur, Weezevent shall do its best to restore ser­vices as soon as pos­si­ble.

Sim­i­lar­ly, the Orga­niz­er agrees to inform Weezevent of any sus­pect­ed or known mal­func­tions affect­ing Weezevent’s ser­vices.

ARTICLE 11. Organizer Declarations and Guarantees

The Orga­niz­er affirms that he/she:

  • holds all required rights, includ­ing intel­lec­tu­al prop­er­ty and exploita­tion rights, for pro­mo­tion­al and Event-relat­ed works and items;
  • has the right to dis­trib­ute Event Tick­ets. In light of this, the Orga­niz­er declares that he/she is not bound by any exclu­siv­i­ty agree­ment regard­ing Tick­et sales and agrees to indem­ni­fy and hold Weezevent harm­less against all third-par­ty reme­dies in this regard;
  • has all of the autho­riza­tions required to orga­nize the Event, the tick­ets for which will be sold by Weezevent, includ­ing an enter­tain­ment pro­mot­er licence for enter­tain­ment pro­mot­ers, if manda­to­ry, and any oth­er nec­es­sary per­mit types.

The Orga­niz­er agrees to indem­ni­fy and hold Weezevent harm­less against any claims that may be made against it in this regard.

The Orga­niz­er affirms that he/she holds exploita­tion rights for the Orga­niz­er Con­tent sub­mit­ted to Weezevent and post­ed on Weezevent Sites. As regards said Orga­niz­er Con­tent, the Orga­niz­er agrees to indem­ni­fy and hold Weezevent harm­less against any third-par­ty action, includ­ing any action per­tain­ing to infringe­ment, as a result of its use on Weezevent Sites.

The Orga­niz­er express­ly declares to Weezevent that he/she is not con­trac­tu­al­ly bound to any third par­ty and that he/she is free to use Weezevent’s ser­vices in accor­dance with these ToU.

The Orga­niz­er declares that he/she shall han­dle all admin­is­tra­tive and fis­cal oblig­a­tions required to orga­nize the Event and that he/she shall pay all relat­ed tax­es and duties.

The Orga­niz­er declares that he/she is respon­si­ble for the Event’s suc­cess­ful orga­ni­za­tion and out­come. As such, he/she agrees to com­ply with all applic­a­ble laws and reg­u­la­tions, includ­ing those per­tain­ing to safe­ty, the con­sump­tion of alco­holic bev­er­ages and work-relat­ed issues.

The Orga­niz­er express­ly autho­rizes Weezevent to use his/her name, logo or Event logo for refer­ral pur­pos­es. This autho­riza­tion applies to all of Weezevent’s busi­ness com­mu­ni­ca­tions, regard­less of medi­um, for the dura­tion of this agree­ment. Upon the expi­ra­tion of this agree­ment, the Orga­niz­er, if he/she so wish­es, may express­ly request the with­draw­al of ele­ments includ­ed in these com­mu­ni­ca­tions. Such a request should include as much detail as pos­si­ble. Upon receiv­ing the Organizer’s request, Weezevent shall do its utmost to make the desired changes with­in a rea­son­able time frame.

The Orga­niz­er declares that he/she has the full legal capac­i­ty to enter into this agree­ment. The Orga­niz­er declares that he/she is not insol­vent or sub­ject to insol­ven­cy, bank­rupt­cy, seizure or liq­ui­da­tion pro­ceed­ings. The Orga­niz­er, who is a nat­ur­al per­son, declares to be of age and affirms that he/she is not sub­ject to pro­tec­tive super­vi­sion or a homolo­gat­ed man­date of inca­pac­i­ty.

ARTICLE 12. Weezevent’s Obligations

As regards Tick­et sales, Weezevent shall explic­it­ly indi­cate that it is act­ing in the name and on behalf of the Orga­niz­er.

Weezevent agrees to issue Tick­ets in accor­dance with con­fig­u­ra­tions cho­sen by the Orga­niz­er, or cho­sen by Weezevent in the event that the Orga­niz­er has request­ed that the com­pa­ny set up the Event direct­ly, in accor­dance with his/her instruc­tions.

Weezevent agrees to com­ply with all legal pro­vi­sions relat­ing to Tick­et issuance. Fur­ther­more, Weezevent agrees to include the fol­low­ing infor­ma­tion on Tick­ets, in either writ­ten or cod­ed form: the operator’s iden­ti­ty; the name of the Event and, if applic­a­ble, the ses­sion num­ber for which the Tick­et is valid; the seat cat­e­go­ry for which the Tick­et is valid; the total price paid by the Attendee or an acknowl­edge­ment of free admis­sion; the oper­a­tion num­ber assigned by the tick­et­ing sys­tem; and, in the event of pre­sale, the ses­sion num­ber for which the Tick­et is valid as well as the date and loca­tion of sale.

Weezevent shall ensure the reten­tion of data relat­ed to Tick­et issuance for the statu­to­ry peri­od required by law and shall allow the Orga­niz­er to access it in cas­es involv­ing con­trol activ­i­ties.

Weezevent shall retain state­ments of income in their orig­i­nal form and in chrono­log­i­cal order. For each seat cat­e­go­ry, the com­pa­ny shall pub­lish a state­ment of income in real time, includ­ing the num­ber of tick­ets issued, the tick­et price and the cor­re­spond­ing amount of rev­enue received. This state­ment will be acces­si­ble online via the Soft­ware. Should the Orga­niz­er so request, this state­ment may be sent to him/her in elec­tron­ic form.

Weezevent agrees to take all rea­son­able pre­cau­tions to ensure that infor­ma­tion des­ig­nat­ed as con­fi­den­tial remains con­fi­den­tial.

Weezevent shall imme­di­ate­ly inform the Orga­niz­er of any dif­fi­cul­ties per­tain­ing to Tick­et sales, should such dif­fi­cul­ties exist.

Weezevent agrees to abide by the terms of its Pri­va­cy Pol­i­cy as regards Atten­dees’ per­son­al infor­ma­tion.

ARTICLE 13. Exclusion of Liability and Absence of Guarantee

Weezevent may not be held liable for the Organizer’s poten­tial inabil­i­ty to access the online Soft­ware, or for users’ poten­tial inabil­i­ty to access the online shop­ping space, due to Inter­net-relat­ed issues or any oth­er rea­sons beyond its con­trol.

Weezevent may not be held liable for online Soft­ware set­ting errors intro­duced by the Orga­niz­er.

Fur­ther­more, Weezevent offers no guar­an­tees, whether express, implic­it, legal or oth­er­wise, to the Orga­niz­er oth­er than those explic­it­ly out­lined in this agree­ment. Weezevent specif­i­cal­ly denies any guar­an­tees regard­ing its ser­vices’ abil­i­ty to meet the Organizer’s spe­cif­ic needs and/or expec­ta­tions.

ARTICLE 14. Organizer’s Obligations

Accep­tance of Atten­dees

The Orga­niz­er agrees to accept all Tick­ets, issued by Weezevent’s elec­tron­ic tick­et­ing sys­tem and pre­sent­ed to him/her at the time that the asso­ci­at­ed Event takes place.
In accor­dance with cur­rent leg­is­la­tion, the Orga­niz­er agrees to exchange group Tick­ets (i.e. a sin­gle Tick­ets grant­i­ng Admit­tance rights to sev­er­al Atten­dees) for indi­vid­ual Tick­ets when­ev­er the for­mer are pre­sent­ed at asso­ci­at­ed Events.

When set­ting up the Event, the Orga­niz­er shall indi­cate the type of doc­u­men­tary proof required to enter the Event venue based on the pro­posed pric­ing, and Weezevent agrees to trans­mit this infor­ma­tion to Atten­dees. Sim­i­lar­ly, the Orga­niz­er agrees to indi­cate all Admit­tance right restric­tions, such as Attendee age tol­er­ances or lim­its, and Weezevent agrees to trans­mit this infor­mant to Atten­dees.

Com­pli­ance with tax oblig­a­tions

The Orga­niz­er agrees to remain in good stand­ing with respect to all tax oblig­a­tions gov­ern­ing the Events that he/she orga­nizes and agrees to col­lect and remit applic­a­ble tax­es to the tax author­i­ties, ful­ly releas­ing Weezevent from any such respon­si­bil­i­ty. The Orga­niz­er agrees to indem­ni­fy and hold Weezevent harm­less against any claims that may be made against it in this regard. In addi­tion, Weezevent may require the Orga­niz­er to sign any form deemed nec­es­sary while the lat­ter is orga­niz­ing an Event.

Per­son­al Data Pro­tec­tion

Giv­en that the Orga­niz­er has access to Atten­dees’ per­son­al infor­ma­tion, he/she agrees to keep this infor­ma­tion strict­ly con­fi­den­tial in accor­dance with applic­a­ble laws.
More gen­er­al­ly, the Orga­niz­er declares that he/she is ful­ly aware of all cur­rent reg­u­la­tions imple­ment­ed to pro­tect Atten­dees’ per­son­al infor­ma­tion and that he/she is famil­iar with Cana­di­an Anti-Spam Leg­is­la­tion. Fur­ther­more, the Orga­niz­er agrees to com­ply with the afore­men­tioned reg­u­la­tions.

The Orga­niz­er agrees to indem­ni­fy and hold Weezevent harm­less against any claims that may be made against it in this regard.

Gen­er­al oblig­a­tions

The Orga­niz­er must imme­di­ate­ly inform Weezevent of any changes involv­ing his/her name, assumed name, res­i­dence, busi­ness head­quar­ters, billing address, cor­po­rate struc­ture, bank details and/or tax num­bers. Such changes must be made in writ­ing via the Soft­ware.

More gen­er­al­ly, the Orga­niz­er agrees to refrain from behav­ing in a man­ner like­ly to under­mine Weezevent’s brand image and thus pledges to respect his/her oblig­a­tions vis-à-vis Event Atten­dees.

The Orga­niz­er acknowl­edges that, for cer­tain Atten­dees, Weezevent may be viewed as being affil­i­at­ed with the Orga­niz­er. Con­se­quent­ly, the Orga­niz­er agrees that he/she shall not com­pro­mise Weezevent’s image or cred­i­bil­i­ty, lest he/she be liable for dam­ages. The Orga­niz­er also agrees to refrain from imply­ing or sug­gest­ing, whether direct­ly or indi­rect­ly, that Weezevent is the Event pro­duc­er or orga­niz­er, or that it is asso­ci­at­ed with the Event in any way, or that it has endorsed or spon­sored said Event. This agree­ment does not give the Orga­niz­er any author­i­ty to cre­ate oblig­a­tions or oth­er­wise bind Weezevent in any way, whether express­ly or implic­it­ly. The Orga­niz­er, who has cho­sen to sell Tick­ets through Weezevent’s inter­me­di­ary, remains an inde­pen­dent con­trac­tor sep­a­rate from Weezevent, and the nature of said rela­tion­ship is acknowl­edged by the Orga­niz­er.

The Orga­niz­er shall indem­ni­fy and hold Weezevent harm­less against any Attendee claims per­tain­ing to Tick­et sales or Events, with the excep­tion of cas­es involv­ing mis­con­duct on the part of Weezevent.

ARTICLE 15. Internet Rerouting ­ Advertising ­ Brands and Distinctive Signs ­ Widget

To facil­i­tate Tick­et pur­chas­es, the Orga­niz­er may set up a hyper­link on his/her own web­site and there­by redi­rect users to the Event page on Weezevent Sites, thus enabling Inter­net users to book Tick­ets online. In this case, the Organizer’s web­site must clear­ly indi­cate that Tick­ets may be pur­chased from Weezevent.

The Orga­niz­er may also add a Weezevent wid­get to his/her own web­site. Should the Orga­niz­er choose to do so, Atten­dees will then be able to direct­ly place their orders on the Organizer’s web­site.

Any rerout­ing to the Organizer’s web­site or to a Weezevent mini-site has no bear­ing on the con­trac­tu­al pro­vi­sions out­lined here­in.

With respect to Event adver­tis­ing, the Orga­niz­er may refer to the sales net­work as fol­lows: “Online Tick­et sales are avail­able at [ENTER THE ORGANIZER’S WEBSITE ADDRESS] or at www.Weezevent.com/[ENTER THE EVENT’S MINI-SITE ADDRESS].”

ARTICLE 16. Organizer’s Use of the Ticketing Service at the Event Venue

The Weezevent solu­tion may be used direct­ly by the Orga­niz­er, at the Event venue. In this case, Weezevent does not inter­vene as an agent, but instead acts exclu­sive­ly as a ser­vice provider, autho­riz­ing the Orga­niz­er to use its auto­mat­ed tick­et­ing solu­tion.

All con­trac­tu­al pro­vi­sions out­lined in these ToU are applic­a­ble to this con­trac­tu­al rela­tion­ship, with the inclu­sion of any nec­es­sary adap­ta­tions, and sub­ject to the fol­low­ing:

With respect to such use, the Orga­niz­er is regard­ed as sell­ing Tick­ets direct­ly to Atten­dees, with­out the assis­tance of an inter­me­di­ary or agent. Weezevent invoic­es the Orga­niz­er for ser­vice pro­vi­sion. Weezevent remu­ner­a­tion amounts are indi­cat­ed in our Price List, which can be found on Weezevent Sites under the head­ing “Pric­ing.”

ARTICLE 17. Referrals

Weezevent has set up a so-called “affil­i­a­tion” refer­ral sys­tem. This sys­tem involves Orga­niz­ers (here­inafter referred to as “Refer­rers”) who intro­duce Weezevent to a new Orga­niz­er (here­inafter referred to as a “Refer­ral”). Refer­rers ben­e­fit from a one-year com­mis­sion equal to 10% of all Remu­ner­a­tion, exclud­ing tax­es and man­age­ment fees, col­lect­ed from said refer­ral by Weezevent.

The oblig­a­tions aris­ing from this arti­cle are valid for a one-year peri­od, which is not renew­able by tac­it agree­ment.

To this end, each Orga­niz­er ben­e­fits from a sec­tion enti­tled “Affil­i­a­tion” in the Soft­ware. In this sec­tion, Weezevent pro­vides an Inter­net link equipped with a trac­er. In order for a Refer­rer to take advan­tage of the refer­ral sys­tem, he/she must share this link with a poten­tial Refer­ral. The lat­ter can then click on this link, there­by direct­ing him/her to Weezevent Sites. If a poten­tial Refer­ral uses the same com­put­er to reg­is­ter with Weezevent, with­in a max­i­mum peri­od of one month, said Refer­ral will auto­mat­i­cal­ly be linked to the Refer­rer.

Weezevent will then record this refer­ral and will request addi­tion­al infor­ma­tion from the Refer­rer if nec­es­sary.

To obtain pay­ment for com­mis­sions gen­er­at­ed by this refer­ral, the Refer­rer must send an invoice in due form to Weezevent. The sum of this invoice must cor­re­spond to the amount of com­mis­sions payable to the Refer­rer, and the sum due must be greater than fifty dol­lars ($50).

In accor­dance with cur­rent tax pro­vi­sions, the Orga­niz­er retains full respon­si­bil­i­ty for its billing oblig­a­tions and any asso­ci­at­ed applic­a­ble tax­es. The Orga­niz­er agrees to remain in good stand­ing with respect to all tax oblig­a­tions gov­ern­ing these invoic­es and agrees to col­lect and remit applic­a­ble tax­es to the tax author­i­ties, ful­ly releas­ing Weezevent from any such respon­si­bil­i­ty. The Refer­rer agrees to indem­ni­fy and hold Weezevent harm­less against any claims that may be made against it in this regard.

Under this arti­cle, com­mis­sions are not payable to the Refer­rer pri­or to the estab­lish­ment of a final ren­der­ing of accounts addressed to the Refer­ral. Under no cir­cum­stances shall pay­ment be made pri­or to the Event’s orga­ni­za­tion by said Refer­ral.

Should the Referral’s Event be can­celled or unsuc­cess­ful, the Refer­rer will not be enti­tled to sales com­mis­sion.

Weezevent agrees to pro­vide the Refer­rer with all nec­es­sary expla­na­tions jus­ti­fy­ing the can­cel­la­tion of a sales com­mis­sion, sub­ject to the reten­tion of data con­cern­ing the Referral’s activ­i­ties and respect for the latter’s trade secre­cy rights.

Weezevent reserves the right to refuse a Refer­ral, espe­cial­ly in cas­es involv­ing a request to be affil­i­at­ed with an exist­ing account.

Giv­en that this arti­cle is con­clud­ed intu­itu per­son­ae, nei­ther its pro­vi­sions nor the rights and oblig­a­tions stip­u­lat­ed here­un­der may be assigned or trans­ferred to any oth­er indi­vid­ual, in any form what­so­ev­er, by an Orga­niz­er.

The Refer­rer affirms that his/her deal­ings with Weezevent shall always be car­ried out fair­ly and in good faith and that he/she shall refrain from imple­ment­ing a sys­tem of self-affil­i­a­tion. Should Weezevent have seri­ous doubts about the Refer­rals intro­duced via a Refer­rer, Weezevent is autho­rized to sus­pend pay­ment of the afore­men­tioned sales commission(s). Weezevent may request doc­u­men­ta­tion prov­ing that the Refer­ral and the Refer­rer are not the same indi­vid­ual.

In the event that the Refer­rer is an enti­ty that has direct or indi­rect con­trol over a Refer­ral or, con­verse­ly, is an enti­ty that is direct­ly or indi­rect­ly con­trolled by said Refer­ral, Weezevent is under no oblig­a­tion to pay the sales com­mis­sion and will not do so. Weezevent’s affil­i­a­tion refer­ral sys­tem stip­u­lates that the Refer­rer and the Refer­ral must be two inde­pen­dent enti­ties.

Sim­i­lar­ly, under the afore­men­tioned con­di­tions, Weezevent is under no oblig­a­tion to pay the sales com­mis­sion to a Refer­rer whose Refer­ral shares the same recip­i­ent bank account.

ARTICLE 18. Leasing

Var­i­ous ser­vices offered by Weezevent require Orga­niz­ers to lease equip­ment (for access con­trol, print­ing, etc.) from Weezevent. In such cas­es, a spe­cif­ic lease agree­ment must be con­clud­ed between the Par­ties.

All con­trac­tu­al pro­vi­sions bind­ing the Par­ties and relat­ed to the leas­ing of equip­ment are out­lined in the leas­ing agree­ment. Weezevent shall for­ward this agree­ment to the Orga­niz­er.

ARTICLE 19. Agreement Duration and Termination

This agree­ment is con­clud­ed for a fixed term and ends once the Event has tak­en place.

Should the Orga­niz­er fail to meet his/her con­trac­tu­al oblig­a­tions, Weezevent may imme­di­ate­ly ter­mi­nate this agree­ment with­out pri­or notice.

Con­trac­tu­al breach­es, com­mit­ted by the Orga­niz­er, and poten­tial­ly lead­ing to this agreement’s ter­mi­na­tion include, but are not lim­it­ed to, the fol­low­ing: fail­ure to meet oblig­a­tions per­tain­ing to tax­a­tion or Event secu­ri­ty, vio­la­tion of third-par­ty rights, the dis­sem­i­na­tion of unlaw­ful con­tent, the occur­rence of behav­iour that is like­ly to dam­age Weezevent’s brand image and rep­u­ta­tion, fail­ure to meet oblig­a­tions vis-à-vis Event Atten­dees, etc.

Weezevent may ter­mi­nate this agree­ment with­out prej­u­dice to any poten­tial dam­ages that it may claim.

The Orga­niz­er here­by waives recourse to Arti­cle 2125 of the Civ­il Code of Québec and con­se­quent­ly relin­quish­es his/her right to uni­lat­er­al­ly ter­mi­nate this agree­ment.

ARTICLE 20. Force Majeure

To main­tain the con­ti­nu­ity of its ser­vices and Site host­ing activ­i­ties, Weezevent employs all appro­pri­ate tech­ni­cal devices cur­rent­ly in use for such pur­pos­es. Weezevent may not be held liable in the event that its servers, or servers host­ing Weezevent Sites, become inac­ces­si­ble due to a force majeure event includ­ing: fail­ure of the pub­lic elec­tric­i­ty grid, strikes, storms, war­fare, earth­quakes, fail­ure of the pub­lic telecom­mu­ni­ca­tions net­work or loss of Inter­net con­nec­tiv­i­ty due to issues orig­i­nat­ing with the pub­lic and pri­vate oper­a­tors on which Weezevent depends.

In the event of ser­vice inter­rup­tion due to tech­ni­cal main­te­nance, the pro­vi­sions of Arti­cle 10 also apply.

The Orga­niz­er waives the right to any indem­ni­ty or recourse against Weezevent in the event of force majeure. Weezevent may not be held liable for dam­ages involv­ing the use of exter­nal ser­vice providers or for dam­ages relat­ed to the inabil­i­ty to sell Event Tick­ets via Weezevent Sites.

Weezevent con­sid­ers this arti­cle to be an inte­gral and sub­stan­tial com­po­nent of this agree­ment, and its non-inclu­sion here­in would have pre­clud­ed it from enter­ing into this ser­vice agree­ment with the Orga­niz­er.

ARTICLE 21. Intrinsic Telecommunication Network Characteristics

The Orga­niz­er affirms to be ful­ly informed of the inher­ent risks involved when dis­sem­i­nat­ing con­tent across net­works, despite the fact that Weezevent uses secu­ri­ty stan­dards that ensure a high lev­el of safe­ty and reli­a­bil­i­ty (https, SSL cer­tifi­cates, etc.).

The Orga­niz­er acknowl­edges that the tech­ni­cal reli­a­bil­i­ty achieved in the domain of data trans­mis­sion is rel­a­tive. This means that:

  • Site con­tent may be dis­sem­i­nat­ed, repro­duced and dis­played with­out geo­graph­i­cal lim­i­ta­tion;
  • Data cir­cu­lat­ing on the Inter­net are not pro­tect­ed against pos­si­ble mis­ap­pro­pri­a­tion;
  • The pro­vi­sion of con­tent may be sub­ject to unau­tho­rized third-par­ty intru­sions and cyber­crime;
  • The tech­ni­cal capa­bil­i­ties of online net­works are such that at cer­tain times of the day, Inter­net access may be sat­u­rat­ed (poor tele­phone con­nec­tions, modem defi­cien­cies, insuf­fi­cient band­width, node sat­u­ra­tion, etc.).

As a result of the fore­go­ing, and in full knowl­edge of the nature of Sites and ser­vices offered by Weezevent, the Orga­niz­er waives all indem­ni­ties and claims, regard­less of their type, against Weezevent in con­nec­tion with any of the facts or events men­tioned above.

ARTICLE 22. Online Contractual Process

Proof of trans­ac­tions will be con­served and archived by Weezevent in accor­dance with the applic­a­ble leg­isla­tive and reg­u­la­to­ry pro­vi­sions in force.

The Par­ties may rely on any act, fact, omis­sion, pro­gram, data, file, record­ing, oper­a­tion or oth­er item in elec­tron­ic form for evi­den­tiary pur­pos­es.

The Orga­niz­er agrees that he/she will not con­test the admis­si­bil­i­ty, valid­i­ty, enforce­abil­i­ty or pro­ba­tive val­ue of the afore­men­tioned elec­tron­ic ele­ments on the basis of their elec­tron­ic nature. Unless oth­er­wise proven, the afore­men­tioned ele­ments have the same pro­ba­tive force as any doc­u­ment drawn up, received, or con­served in writ­ing and will be con­sid­ered equal­ly valid and bind­ing on the Par­ties, in the same man­ner and under the same con­di­tions.

The Par­ties express­ly agree that in the event of a dis­crep­an­cy between Weezevent’s com­put­er­ized records and paper or elec­tron­ic doc­u­ments avail­able to Orga­niz­ers, Weezevent’s com­put­er­ized records will pre­vail.

ARTICLE 23. Limitation of Liability

The total amount of Weezevent’s lia­bil­i­ty for loss­es, expens­es or dam­ages aris­ing here­un­der will be lim­it­ed to the amount of Weezevent’s Remu­ner­a­tion for the rel­e­vant Event. Weezevent con­sid­ers this lim­i­ta­tion of lia­bil­i­ty to be an inte­gral com­po­nent of the agree­ment, with­out which it would have imple­ment­ed a dif­fer­ent pric­ing struc­ture. This pro­vi­sion does not apply to dam­ages whose lim­i­ta­tion or exclu­sion are pro­hib­it­ed by law (in which case the amount will be lim­it­ed to the min­i­mum amount required by law). This pro­vi­sion, as well as Weezevent’s indem­ni­fi­ca­tion obligations—which may be found else­where in these ToC—constitute the Organizer’s sole and exclu­sive rem­e­dy against Weezevent.

ARTICLE 24. General Provisions

Assign­ment

Nei­ther Par­ty may assign any or all of its con­trac­tu­al rights or oblig­a­tions to a third par­ty with­out the pri­or writ­ten con­sent of the oth­er Par­ty.

Entire­ty

This agree­ment estab­lish­es the Par­ties’ rights and oblig­a­tions in their entire­ty. It inval­i­dates and super­sedes all oral and/or writ­ten agree­ments that may have been pre­vi­ous­ly con­clud­ed between the Par­ties.

Dis­pute res­o­lu­tion

Any dis­pute relat­ed to the inter­pre­ta­tion, exe­cu­tion or ter­mi­na­tion of this agree­ment, which can­not be resolved ami­ca­bly, will fall under the exclu­sive juris­dic­tion of the com­pe­tent courts of the judi­cial dis­trict of Mon­tre­al, Québec Province, Cana­da, to which the Par­ties attribute juris­dic­tion, regard­less of the place this agree­ment is exe­cut­ed or the place of the defendant’s domi­cile.

Applic­a­ble law

This agree­ment is sub­ject to the applic­a­ble law of the Province of Québec, Cana­da, which gov­erns its for­ma­tion, appli­ca­tion and inter­pre­ta­tion, to the exclu­sion of the Unit­ed Nations Con­ven­tion on Con­tracts for the Inter­na­tion­al Sale of Goods, if applic­a­ble.

ARTICLE 25. Final Provisions

The Orga­niz­er will be informed of any changes to these terms of use by email.

Mod­i­fi­ca­tions enter into force 30 days after the date of Orga­niz­er noti­fi­ca­tion.

Once the mod­i­fi­ca­tions have tak­en effect, they apply to Events that have already been sched­uled and are express­ly accept­ed by the Orga­niz­er. The Orga­niz­er may, how­ev­er, ter­mi­nate this agree­ment once they come into effect, should he/she take issue with them.

The Par­ties for­mal­ly agree that if either Par­ty tol­er­ates a breach or waives a right in the appli­ca­tion of all or part of the oblig­a­tions stip­u­lat­ed here­in, regard­less of fre­quen­cy or dura­tion, said tol­er­a­tion or breach does not con­sti­tute a mod­i­fi­ca­tion of this agree­ment nor does it give rise to any new rights. Should any of the pro­vi­sions of this agree­ment be found null, invalid, unen­force­able or non-bind­ing, the valid­i­ty of the oth­er pro­vi­sions stip­u­lat­ed here­in shall not be affect­ed and they will remain in full force. Nev­er­the­less, the Par­ties may decide to replace the inval­i­dat­ed provision(s) by mutu­al agree­ment. The inva­lid­i­ty of one of the pro­vi­sions set forth in these terms of use does not lead to the ter­mi­na­tion or can­cel­la­tion of this agree­ment. Instead, in such an event, sup­ple­men­tary legal rules will apply.

Last update: 27 Novem­ber 2017