Updated: September 20, 2019
Registration. You must register for our Services using accurate data, provide your current email, and, if you change it, update this email using our in-app change number feature. You agree to receive email messages (from us or our third-party providers) with codes to register for our Services. You may use alternative login methods made available by us.
Age. Our Services are not directed to children. You must be at least 16 years old to use our Services (or such greater age required in your country for you to be authorized to use our Services without parental approval). In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to our Terms in your country, your parent or guardian must agree to our Terms on your behalf.
Devices and Software. You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. For as long as you use our Services, you consent to downloading and installing updates to our Services, including automatically.
User and Service Subscriber. User or users collectively mean any end user of the Services including andcards Suite member who just view as well as who complete our account registration process. Service Subscriber is a user who satisfies all of the following conditions: (i) either owns and/or manages venues; (ii) has administrator or moderator role of venues within andcards Suite.
Selling Offers and Offer Time. As the Service Subscriber, you may use the Services to sell access to your venues (the "Offers"). You are responsible for any Offers you sell and acknowledge that you have sufficient rights to sell Offers through the Services, and your use of the Services will not violate any agreement between you and any third party. You acknowledge that your Offers are (i) free of any hazards or safety risks to other users; (ii) ready to use by and delivered to any users who purchased the Offers at the time indicated in the Services ("Offer Time"); (iii) in compliance with any applicable law or requirements in your country; (iv) not violating any agreements relating to the Offers, and you are solely responsible for and shall indemnify us against any fines, losses or other liability arising from any such violations. We assume no responsibility for the compliance of the Offers with any applicable laws, rules and regulations. We reserve the right, at any time and without prior notice, to remove or disable access to the Offers for any reason. We do not act as an insurer or as a contracting agent for the Offers. We recommend you to obtain appropriate insurance for the Offers. We are not a party to any agreement you enter into with any user resulting from the use of the Services. Notwithstanding the foregoing, we act as a limited authorized agent for the purpose of accepting payments from users who purchased your Offers on your behalf and responsible for transmitting such payments to you.
Offer Fees. As the Service Subscriber, you may indicate the fee amounts for purchasing your Offers by other users ("Offer Fees"), and authorize us to accept and collect payment information from users who purchase your Offers through the Services (e.g. as a result of your venue bookings), and to transmit such payment information to the third party payment system selected by you. You are solely responsible for your relationship with the third party payment system, and for any applicable taxes and fees arising from your use of Services.
Buying Offers. You may use the Services to purchase the Offers provided by other users through the Services, subject to meeting any requirements (such as completing any verification processes) set by us and the users from whom you purchase the Offers. You will be presented with all applicable Offer Fees before you make a purchase. You agree to pay the Offer Fees in full for any purchase you make through the Services. You are responsible for any damages or liabilities arising from your use of the Offers, and agree to pay the damages upon presentation of evidence of damage, such as photographs, within 48 hours from receiving a claim.
Refunds. Users will be fully refunded for cancellations by Service Subscriber directly in accordance with the Service Subscriber’s policy. If the Service Subscriber or any user decide to cancel the purchase of Offers pursuant to the Terms, you agree that we will not have any liability for such cancellations or refunds aside from our obligation to remit refunds or payouts pursuant to these Terms. If a dispute arises concerning a cancellation and/or a refund, the parties shall in good faith resolve such dispute by negotiation and consultation between themselves.
Our Fees. Any user is responsible for all carrier data plan and other fees and taxes associated with the use of our Services. If you are a Service Subscriber, refer to the third party payment system you use for specific details on the amount of our fees, service period, and your payout information.
If you are a Service Subscriber, you are a data controller for all personal data, collected by you in the process of providing your services. As a Service Subscriber, you must have and transparently disclose your privacy, use, and refunds policies, disclose how you will use and protect collected, in connection with your use of Services, Offers and software of andcards, data of users.
Also, if you are a Service Subscriber, you can provide us with personal data and information of your clients through adding information about your clients to the list of your service users (Directory) through administrator functions of your account.
All such information must be legally collected from its owners by you. You are fully responsible for all and any claims from the third parties, including, but not limited to, claims from personal data owners about illegal procession of their personal data, illegal disclosing of their personal data and other claims, connected with appropriate adding personal data of your clients.
Our Terms and Policies. You must use our Services according to our Terms and posted policies. If we disable your account for a violation of our Terms, you will not create another account without our permission.
Legal and Acceptable Use. You must access and use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of Cards, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications such as bulk invites to join events or organizations, auto-invites, auto-sharing, and the like; or (f) involve any non-personal use of our Services unless otherwise authorized by us.
Harm to andcards or Our Users. You must not (or assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the integrity or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) collect the information of or about our users in any impermissible or unauthorized manner; (g) sell, resell, rent, or charge for our Services; or (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time.
Keeping Your Account Secure. You are responsible for keeping your device and your account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services.
Our Services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services. For example, you may choose to use third-party map preview services (such as Google Maps) that are integrated with our Services. For example, you may choose to use third-party payment system (such as Stripe) that are integrated with our Services. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services.
Your Rights. We do not claim ownership of the information that you submit for your account or through our Services. You must have the necessary rights to such information that you submit for your account or through our Services and the right to grant the rights and licenses in our Terms.
andcards’ Rights. We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our express permission and except in accordance with our guidelines provided alongside the permission.
andcards’ License to You. We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services, in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE ARE PROVIDING OUR SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES OR THE FEATURES, SERVICES, AND INTERFACES OUR SERVICES PROVIDE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, THE “ANDCARDS PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES. YOU WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE §1542, OR ANY OTHER SIMILAR APPLICABLE STATUTE OR LAW OF ANY OTHER JURISDICTION, WHICH SAYS THAT: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
THE ANDCARDS PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES, EVEN IF THE ANDCARDS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOU ARE NOT VIOLATING ANY APPLICABLE LAWS IN YOUR JURISDICTION BY LISTING YOUR VENUES OR MEMBERSHIP PLANS ON OUR SERVICES. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF THE ANDCARDS PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless the andcards Parties from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Services, including information provided in connection therewith; (b) your breach or alleged breach of our Terms; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any Claim.
Governing Law & Arbitration. All disputes which may arise between the parties, in relation to the Services, shall be finally settled by arbitration in Gdańsk, Republic of Poland, under the Law of Poland. The award rendered by the arbitrators shall be final and binding on the parties concerned.
Availability of Our Services. Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect our Services, such as events in nature and other force majeure events.
Termination. We may modify, suspend, or terminate your access to or use of our Services anytime for any reason, such as if you violate the letter or spirit of our Terms or create harm, risk, or possible legal exposure for us, our users, or others. The following provisions will survive any termination of your relationship with andcards: “Licenses,” “Disclaimers,” “Limitation of Liability,” “Indemnification,” “Dispute Resolution,” “Availability and Termination of our Services,” and “Additional Terms.”
Unless a mutually executed agreement between you and us states otherwise, our Terms make up the entire agreement between you and us regarding andcards and our Services, and supersede any prior agreements.
We may ask you to agree to additional terms for certain of our Services in the future, which will govern to the extent there is a conflict between our Terms and such additional terms.
Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country.
Our Terms are written in English (U.S.). Any translated version is provided solely for your convenience. To the extent any translated version of our Terms conflicts with the English version, the English version controls.
Any amendment to or waiver of our Terms requires our express consent.
We may amend or update these Terms. We will provide you notice of amendments to our Terms, as appropriate, and update the “Last Modified” date at the top of our Terms. Your continued use of our Services confirms your acceptance of our Terms, as amended. If you do not agree to our Terms, as amended, you must stop using our Services. Please review our Terms from time to time.
All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.
You will not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent.
Nothing in our Terms will prevent us from complying with the law.
Except as contemplated herein, our Terms do not give any third-party beneficiary rights.
If we fail to enforce any of our Terms, it will not be considered a waiver.
If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions.
We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer, and our Terms are not intended to limit such consumer legal rights that may not be waived by contract.
We always appreciate your feedback or other suggestions about andcards and our Services, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).