Terms of Service

Definitions

Fundeey - “Fundeey” and the terms “our” or “us” or “we” refers to Fundeey, the trading name of Fundeey Limited, a company registered in England. It may at times refer to the company and at times to the Website/Platform.

The User - “The User” refers to all users of Fundeey. This applies to all visits to Fundeey.

Event Hosts - “Event Hosts” refers to all current, former and prospective creators of events on Fundeey.

Fundeey Terms of Use

1.1 - Fundeey is a technology platform which enables you, The User, to purchase tickets to events from Event Hosts.

1.2 - At no time will you be contracting with us to purchase tickets. You will be responsible for contracting with the Event Host and other than Fundeey functioning “as is” we take no part in the relationship between you and the Event Host. Any disputes you may have with the Event Host must be dealt with between yourselves directly and by your continued use of Fundeey you agree to use Fundeey on this basis.

1.3 - The copyright and other intellectual property rights in the software are owned by Fundeey and you are permitted to use the platform in accordance with these terms only. This material includes, but is not limited to, the design, layout, look, appearance and graphics.

2 - General Use of Fundeey

2.1 - Use of Fundeey

(a) - Access to Fundeey does not confer upon you any license or right to use any of logos, brands, trade marks or other intellectual property rights of ours or others appearing on Fundeey in any form or manner. All other reproduction and use for any other purposes (including commercial use) is prohibited.

(b) - You may create a link to Fundeey from your social media accounts or blogs owned and controlled by you provided it is for a lawful purpose and is not to the detriment of our reputation nor contains derogatory comment concerning any other User of Fundeey or other person. Any other linking is subject to obtaining our prior written consent.

(c) - Any person submitting information to Fundeey must be over the age of 18. Whilst each User of Fundeey must agree to our terms, we cannot guarantee that each person is at least of the required minimum age and we do not accept responsibility or liability for any content, communication or other use of Fundeey by persons under the age of 18 in violation of these terms.

2.2 - Information Submitted

(a) - The information and materials contained in Fundeey including all ads, events, opinions, advice, services, merchandise (the “Information”) is for general information purposes only and subject to change. The Information is not supplied by Fundeey as advice of any kind and no reliance should be placed on it by reason of it being accessible through Fundeey. Any reliance you do place on the Information is strictly at your own risk. You acknowledge that the Information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

(b) - The Information is likely to be supplied by those other than you or us (“third parties”) where we act as a mere Internet Service Provider and we accept no responsibility whatsoever for this Information. We accept no responsibility for checking or verifying the accuracy of material submitted to Fundeey and therefore you are advised to confirm any Information relied upon with an independent and authoritative source and rely on it at your own risk.

(c) - It shall be your own responsibility to ensure that the Information or any products or services available through Fundeey meets your specific requirements, though to the full extent permitted by law we do not provide any warranty, condition or guarantee (express or implied) as to the accuracy, timeliness, performance, completeness or suitability of the Information found or offered on Fundeey for any particular purpose.

(d) - We do not take responsibility for the use or misuse by others of any personal information that you disclose on Fundeey.

(e) - Every effort is made to keep Fundeey up and running smoothly, however i) access is permitted for a temporary period only and we maintain the right to withdraw Fundeey at any time ii) you must provide your own arrangements for accessing Fundeey.

2.3 - Your activities should be fair and legal

(a) - We reserve the right to exclude you or otherwise to bring an action against you in a court of competent jurisdiction if, in our sole opinion, you are in breach of the terms of use of Fundeey. Unauthorised use of Fundeey may give rise to a claim for damages and/or be a criminal offence.

(b) - You must not attack or attempt to probe, scan or test the vulnerability of a system or network, alter the functionality of Fundeey whether by crawling, scraping, hacking attempts, the uploading of viruses, denial of service attacks or other; nor are you permitted to attempt to access data or parts of Fundeey not intended for you or log into a server or an account that you are not authorized to access.

2.4 - Due Care and Attention you should take

(a) By continuing to use Fundeey you must agree to our terms, to the fullest extent permitted by law we do not take responsibility for the use or misuse by others of any personal information that you disclose on Fundeey.

2.5 - Advertising

(a) - We reserve the right to provide advertising services on Fundeey to others whether by links, events, ads or otherwise. You acknowledge that this advertising is made by third parties and contacting such advertisers is entirely at your own risk and you acknowledge that we have no liability for the content or manner of such advertising or material obtain through such links.

(b) - From time to time and by the nature of the service offered Fundeey may contain events, ads, reviews, posted comments or links to other places online which are not ours or under our control. We accept no responsibility for the nature, content or availability of those reviews, comments or links. The inclusion of any review, comment or link does not imply a recommendation or endorse the views expressed within them. Any complaints should be reported to Fundeey via email to team@fundeey.com

2.6 - Termination

(a) - If you are or we suspect you are in breach of any of the terms of this Agreement we may terminate this Agreement will terminate with immediate effect. Fundeey reserves the right to seek compensation from you for any charges or liabilities we may incur as a result of your being in breach of these terms.

2.7 - Liability and Indemnity

(a) - To the extent permitted by law the platform, content and services here under are provided to you “as is” without any warranties of any kind, expressed or implied with regard to but not limited to their quality, reliability, compatibility, security, performance, purpose, accuracy or non-infringement. You agree to assume all risks of using the software its function and service and not to hold us responsible for any damages, losses or harm tangible or intangible including but not limited to compensatory, consequential punitive, incidental or lawyer’s fees arising from the use of the software its function and service or the content of the service.

(b) - We exclude any liability for the accuracy, relevance or libellous nature of any material posted by third parties to Fundeey. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of or in connection with the use of Fundeey. We do not guarantee the continued availability of the content and service, we take no responsibility for and we will not be liable for Fundeey being temporarily unavailable due to technical issues beyond our control or for the actions of third parties against the correct function of Fundeey.

(c) - You agree to defend, indemnify and hold harmless, us and/or our associates, their officers, directors, employees, affiliates, licensees, business partners and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees resulting from any breach by you of any of these Terms.

(d) - If any of the terms are illegal or unenforceable it does not affect or invalidate the other terms.

2.10 - Law

(a) - We reserve the right to vary any of the terms of this Agreement. We shall be entitled to assign or sub-contract obligations under this Agreement. No delay by us to enforce our rights will affect our right to bring action against you for breach of this Agreement. This Agreement shall be subject to English law. Any dispute relating to it shall be dealt with exclusively in the English courts.

2.11 - Third Party Websites

(a) - Event Hosts may provide links or other resources connected to third party websites. Fundeey holds no responsibility for the availability of these websites or resources nor the services, products or content these websites or resources provide. Users visit third party websites at their own risk.

2.12 - Miscellaneous Provisions

(a) - Our failure to enforce these terms does not dissolve our right to later enforce them. No waiver will be effective. These terms can be enforced at our discretion, either partly or in whole.

2.13 - Feedback

(a) - We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Fundeey. Any feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual licence to use and publish those ideas and materials for any purpose, without compensation to you.

3 - Use of Fundeey’s Ticketing Service

3.1 - Tickets

(a) - Fundeey is a third party of the events listed on the live feed. Fundeey provides a service, which allows Event Hosts to promote and sell tickets to their events. The Event Host is solely responsible for ensuring that any information regarding their identity and event(s) meet all applicable laws, rules and regulations, and that the goods and services described on the event page are delivered as described and in an accurate satisfactory manner.

(b) Removal of events - Fundeey reserves the right to remove events from the platform at Fundeey’s sole discretion. Any ticket purchases made up to this point are contractual arrangements between The User and the Event Host in accordance with section 3.3 and any other relevant terms. Therefore any claims and disputes should be handled between the contracted parties. Fundeey holds no responsibility for any losses or damages incurred by any parties as a result of an event being removed from the platform.

3.2 - Stripe

(a) - Consumers purchase their tickets through our payment processing provider, Stripe. Fundeey holds no responsibility for transactions made through Stripe. Consumers should refer to Stripe’s terms of service before making any transactions or providing Stripe with any details. This is done at The User’s own risk.

(b) - Details supplied to Stripe by The User, including and financial or bank account details are done so under Stripe’s Terms of Service and at The User’s own risk. The User should take appropriate due diligence before agreeing to any terms of service.

3.3 - Contractual agreement with the Event Host

(a) - By purchasing a ticket(s) The User is contracting with the Event Host.

(b) - By transacting through Fundeey, The User is agreeing to the terms and conditions, or other relevant agreements of the relevant Event Host(s). For all details regarding the transaction, The User should refer to the Event Host’s terms and conditions or equivalent document(s). Fundeey removes itself from any responsibility and/or liability that may arise from the purchase of an event ticket(s) or any other transaction.

(c) - If the Event Host directs Users towards a third party other than our authorised payment processing partners to process the payment, then neither Fundeey nor any of its payment processing partners have any liability. This would be in breach of our Merchant Agreement.

(d) - Fundeey has no responsibility and/or liability for losses and/or damages consumers or Event Hosts may suffer. Any disputes should be dealt with between the Event Host and The User.

3.4 - Refunds

(a) - Fundeey has no responsibility and/or liability for refunds, refusals or disputes between the you and the Event Host. The Event Host should be contacted in all cases. Users should refer to the Event Host’s terms and conditions or equivalent agreement.

3.5 - Transaction Fees

(a) - Fundeey charges a transaction fee for tickets purchased from our Event Hosts. Fees may be based on individual agreements between Fundeey and Event Hosts.

(b) - Fundeey does not control (and thus has no responsibility for) fees charged by your bank and/or credit provider.

(c) - In the case of refunds, refusals or disputes, the fees charged by Fundeey are non-refundable. The Event Host may decide to compensate Users for this and therefore should be contacted in the first instance, although Fundeey provides no guarantee and assumes no responsibility.

Merchant Agreement

1 - This Merchant Agreement applies to the “Event Host” as defined in the Terms of Use. All definitions and assumptions set out in the Terms of Use apply in this Merchant Agreement unless stated otherwise. Solely for this, the Merchant Agreement “you” shall refer to the Event Host.

1.1 - By agreeing to our Terms and Conditions, you are also agreeing to our Merchant Agreement and are entering into a binding contractual agreement with Fundeey.

2 - Event Host Information

(a) - In order to sell tickets through Fundeey, Event Hosts are required to agree to our payment processing provider, Stripe’s, Terms of Service.

(b) - Any details provided to Stripe, including financial details and bank account information are provided according to Stripe’s Terms of Service. Event Hosts should take appropriate due diligence when agreeing to any terms of service.

(c) - By agreeing to our Terms and Conditions, you are permitting us to share your details with Stripe and vice versa.

(d) - You permit that we are able to share you information provided to us, either directly or through Stripe with relevant authorities or regulators as we deem appropriate.

(e) - Your privacy rights as set out in the Terms of Use remain extant.

(f) - Fundeey will require you to share payment information with us in order to pay out the earnings from your event. Fundeey assumes no responsibility for the transmission or handling of this data. Event Hosts should take the appropriate precautions when sharing financial and banking information.

3 - Licensing

(a) - You represent and warrant to us that you have appropriate licensing and fully comply with all applicable laws, rules and regulations in hosting your event.

(b) - In creating your event you will be required to supply us with an Image to be used on Fundeey. You represent and warrant to us that you have the appropriate licensing of that image and give Fundeey unequivocal permission to use that Image on the Fundeey platform and in any marketing or promotional imagery as we see fit.

4 - Responsibility

(a) - You take sole responsibility for the events you promote and/or sell ticket(s) to through Fundeey and/or our payment processing partners. You are liable for all disputes brought by customers. Upon a transaction being made, The User has agreed to your terms and conditions and/or equivalent and/or relevant documents.

(b) - Once an event has been approved by Fundeey no changes, amendments or cancellations are permitted. Should you require a change or amendment to, or cancellation of, your event you should contact Fundeey via email. At Fundeey’s discretion we may be able to make the requested change, amendment or cancellation. Previous changes, amendments or cancellations do not automatically grant that these will be approved in future cases.

(c) - Fundeey does not take any responsibility for any losses or damages suffered by any parties as a result of you being unable to change, amend or cancel event.

5 - Refunds

(a) - All refunds to consumers are at your discretion.

(b) - If you decide to process a refund(s), for any reason, the transaction fee charged by Fundeey is non-refundable to your customers. It is at your discretion whether you chose to reimburse your customers for this loss.

(c) - Fundeey has no responsibility for any losses incurred as a result of refunds.

6 - Misuse of Fundeey or Our Services

(a) - Event Hosts must not attempt to contravene our payment systems by providing third party links to consumers via Fundeey. The inclusion of third party links will be at Fundeey’s discretion.

(b) - Any information provided by you should be true to the best of your knowledge. Event Hosts must not intentionally mislead customers. Any misinformation unintentionally provided by Event Hosts, upon discovery, must be clarified to consumers. Fundeey takes no responsibility for any misrepresentations made by Event Hosts.

(c) - Any misuse of Fundeey or our services as set out in these Terms and Conditions, or behaviour we deem as misuse, may result removal of your Event(s) from Fundeey. Any losses arising from removal of your Event(s) are your responsibility and liability. Fundeey takes no responsibility and/or liability for any losses suffered as a result of your Event(s) being removed from the Fundeey.

7 - Validity of Tickets

(a) - You acknowledge that the applicable procedure to check the validity of the ticket must always be followed. Fundeey will not be held liable under any circumstances for any costs arisen from non-compliance by Event Hosts with applicable procedures that must be implemented by Event Hosts to check validity of tickets.

(b) - Fundeey will not be held liable under any circumstances for costs and/or damage associated with tickets arisen from situations with fraud and/or for damage associated with the purchase of the ticket through non-official means, such as third parties.

8 - Payouts

(a) - 8 (a) – Event host payouts are made on a weekly payment run. This will include revenues earned from the previous week’s sales. Fundeey reserves the right to discretion with regards to payouts and may delay payouts if, in good faith, we have reason to believe our terms and conditions have not been properly followed.

(b) - Good cause payouts relate to a proportion of ticket sales revenue as detailed on each ticket sale confirmation.This will include a proportion of our transaction fee and may include matched contributions from Users, as specified on each individual ticket confirmation.

(c) - Good cause payouts will be handled directly by Fundeey following the conclusion of the event. The timing of these payments will be at Fundeey’s discretion, however we will at all times act in good faith to ensure there are no unreasonable delays in good cause payouts being made.

Privacy Policy

This privacy policy sets out how we gather, use and protect any information that you give to us when you use Fundeey. This applies to all Users and Event Hosts in all capacities. Some data collection is essential to Fundeey functioning and if you do not wish to allow us to continue with such data collection then you will need to discontinue your use of Fundeey. In processing personal data, we will comply with relevant legislation in force from time to time in England and Wales. This policy may be updated from time to time as functionality is added to Fundeey.

Fundeey Anonymous Tracking

Fundeey tracks your use so that we can offer you a better user experience which may in the future include events relating to your navigation habits. This helps us analyse data and improve Fundeey in order to tailor it to your needs. We only use this information for statistical analysis purposes and does not identify you individually.

Permission

By accessing Fundeey you agree to the reasonable processing of your personal data by us for the purposes of providing you with the services you request. We obtain your consent to the processing of information about you. Consent for the direct purpose for which you supply your data will be inferred from the situation in which you give this information.

By its nature use of Fundeey targets events that are local to your current location. Each time you access Fundeey geo-localising information is obtained to bring to your attention events that may be on interest to you in an area local to you at that time. If you do not wish the location of your device to be tracked then you should discontinue use of the “Events around me” feature or disable location tracking in your web browser settings.

What we might collect

Fundeey requires the following information to complete a ticket purchase: First Name, Second Name, Email Address.

Payment data is handled through our payment process provider, Stripe. We do not collect this data however we cannot be held responsible for the handling for data provided to us by Stripe. We will at all times endeavour operate in accordance with Stripe’s Terms of Use, however in the event we contravene these terms, we shall have no liability to you.

What we do with the information we gather

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

(a) - To operate the Fundeey service including internal record keeping, to customise Fundeey according to your preferences and geographical location, improve our products and services and for internal record keeping

(b) - We will not share the information gathered from you with third parties for marketing purposes unless you expressly agree to this.

Storage

The information we hold about you may be stored outside the European Economic Area in order to provide the Fundeey service.

Links to other websites

Fundeey may contain links to other online locations of interest according the subject matter discussed in Fundeey. However, your use of these links is at your own risk and you should note that we do not have any control over those other locations. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such locations and such locations are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the location in question.

Controlling your personal information

You may request details of personal information which we hold about you under the relevant Data Protection legislation in force at the time. This will be limited to the specifically identifiable data that we hold about you. The data we share with you will be subject to our discretion, insofar as the relevant Data Protection legislation in force at the time allows. A small fee will be payable. If you would like a copy of the information held about you, please email us at team@fundeey.com.

If you believe that any information we are holding on you is incorrect or incomplete, please write to us as soon as possible, at the above email address. We will promptly correct any information found to be incorrect.

Please note that you hereby provide your consent and in any case we may be required to disclose your data to lawful authorities for the prevention of crime or regulatory purposes or a court as such court requires.