FlickEvents Terms of Service Agreement & Privacy Statement

  1. ACCEPTANCE OF TERMS

    FLICKEVENTS Pte Ltd (registration number: 201004138H) provides its services to you, subject to the following Terms of Service (TOS), which may be updated by us from time to time without prior notice. You can review the latest version of the TOS at any time at http://www.flickevents.com/tos. In addition, when using FLICKEVENTS, you and FLICKEVENTS shall be subject to any guidelines or rules applicable that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.

    You will not hold FLICKEVENTS responsible for other users' (including event holders') content, actions or inactions. Although FLICKEVENTS will do its part to continuously improve the system to ensure credibility, you acknowledge that we have no control over and do not guarantee the quality, safety or legality of events advertised, the truth or accuracy of users' content, listings, or ability to perform, or actually complete a transaction.

  2. DESCRIPTION OF FLICKEVENTS

    FLICKEVENTS is an online events management application which aims to empower event organizers by easing the management process and boosting the event turnout. We are a one-stop platform for easy and effective event management, event promotion and community engagement. (FLICKEVENTS Event Organizer Accounts is necessary to collect registration fees for their events online through the Web. Event organizers and planners may come to the FLICKEVENTS web site, fill out a questionnaire about their event, including pricing, location, ticket inventory, etc., and collect registration fees online directly from their event attendees. Payments are all transacted through PayPal, Google Checkout, Authorize.net or other third party payment service methods (collectively, "Facilitated Payment Modes" or "FPM") or the FLICKEVENTS payment processing gateway (the "Gateway"). For more information, please see http://www.flickevents.com/. As used herein, "Customers" means FLICKEVENTS event holders ("Organizers"), registered event attendees ("Buyers") and participants in our various referral programs.

  3. PAYMENT PROCESSING INFORMATION

    1. I. When payment processing occurs directly by FLICKEVENTS, it is necessary that FLICKEVENTS and Customers transact through the Gateway and be subject to the applicable Gateway Terms of Use. FLICKEVENTS will collect all monies on behalf of the Event Organizer ("You") and deduct all applicable service charges from registration fees as stated here: http://www.flickevents.com/ fees. FLICKEVENTS will mail all payments to you (event monies minus service charges) at the address that you have accurately provided to FLICKEVENTS. We will submit payment for one hundred percent (100%) of the total balance due to you five (5) business days after the Event end date, however, we reserve the right to withhold funds at any time as we determine to be necessary for the processing and settlement of all returns, disputed charges, and other discrepancies. All sales, fees, charges, and funds are payable in SGD.

    2. II. It is the responsibility of the Event Organizer to request refunds from FLICKEVENTS on the behalf of the Ticket Buyer. It is the responsibility of FLICKEVENTS to make the refund to the individual Ticket Buyer. If the Event is cancelled for any reason and a complete refund must be issued to all Ticket Buyers, the Event Organizer must inform FLICKEVENTS of the cancellation within 24 hours of the originally scheduled event start time. FLICKEVENTS will handle all refunds for cancelled events and the buyer will be refunded within thirty (30) days of the date of the cancelled event. No payments shall be made to you from FLICKEVENTS due to an Event cancellation. If an Event is rescheduled for a different date and a Ticket Buyer cannot attend the new date, the Ticket Buyer will receive a full refund and the applicable service charges will be deducted from the check issued to you after the new event.

    3. III. Any credit card chargebacks initiated by the Ticket Buyer for any reason shall be charged back to you. FLICKEVENTS shall either (i) deduct these costs from your outstanding balance, whether for that particular Event or for any other Event that you list with FLICKEVENTS; or (ii) send an invoice to you for said costs if no balance exists. If payment for said invoice is not received by FLICKEVENTS within thirty (30) days, FLICKEVENTS reserves the right, at our sole discretion, to terminate this Agreement and to cancel all other Events listed by you as provided herein.

    4. IV. Upon receipt of a credit card authorization from each individual ticket purchase, FLICKEVENTS generates a confirmation message and issues a unique confirmation number. You agree to unconditionally accept, honor, and fulfill all ticketing commitments that have been confirmed by FLICKEVENTS. It is your responsibility to verify the customer's membership status, confirmation number, and/or any event restrictions prior to the Event.

    5. V. When processing settlement of FLICKEVENTS service fees as well as monies that FlickEvents has collected, the Event Organizer has the option to choose to do so either through PayPal or Bank Telegraphic transfers.

  4. FURTHER SERVICE UNDERSTANDINGS

    Unless explicitly stated otherwise, any new features that augment or enhance the service, shall be subject to the TOS. You understand and agree that the Service is provided AS-IS and that FLICKEVENTS assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

  5. YOUR REGISTRATION OBLIGATIONS

    In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service registration form (such information being the Registration Data) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or FLICKEVENTS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, FLICKEVENTS has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). FLICKEVENTS is concerned about the safety and privacy of all its users, particularly children. For this reason, and to be consistent with FPM's Terms of Use, you must be at least 18 years of age, or the legal age of majority where you reside if that jurisdiction has an older age of majority to register for an account. If you are under the age of 18, you hereby represent that you are using the Service with the consent of your parent or guardian (Guardian), and that said Guardian is at least 18 years old, is the legal Guardian of the person listed on the FLICKEVENTS account, and that said Guardian has expressly given permission to access the Service.

  6. ACCOUNT, PASSWORD AND SECURITY

    You will create a password and account during the Service registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify FLICKEVENTS of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. FLICKEVENTS cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

  7. CONDUCT

    In using the FLICKEVENTS Services, you understand that you are liable for all information, in whatever form, (Information) you make available to your customers. You agree not to use the Service to:

    1. a. upload, post, email, transmit or otherwise make available any Information that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

    2. harm minors in any way;

    3. c. Impersonate any person or entity, including, but not limited to, a FLICKEVENTS representative, forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity;

    4. d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Information transmitted through the Service;

    5. e.upload, post, email, transmit or otherwise make available any information that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as insider’s information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

    6. f. upload, post, email, transmit or otherwise make available any information that infringes any patent, trademark, trade secret, copyright or other proprietary rights (Rights) of any party;

    7. g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except in those areas that are designated for such purpose and within the scope of such designation;

    8. h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

    9. i. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

    10. j. intentionally or unintentionally violate any applicable local, state, national or international law; or

    11. k. stalk or otherwise harass another.

    You acknowledge that FLICKEVENTS does not pre-screen any Content working in coordination with the Service, but that FLICKEVENTS and its designees shall have the right (but not the obligation) in their sole discretion to rescind use of the Service. You acknowledge and agree that FLICKEVENTS may preserve Information and may also disclose Information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Information violates the rights of third-parties; or (d) protect the rights, property, or personal safety of FLICKEVENTS, its users and/or the public. You understand that the technical processing and transmission of the Service, including your Information, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

  8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

    Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Information. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Singapore or the country in which you reside.

  9. INDEMNITY

    You agree to indemnify and hold FLICKEVENTS, and its subsidiaries, affiliates, officers, agents, co- branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Information you submit, post, transmit or make available through the Services, your use of the Services, your connection to the Services, your violation of the TOS, or your violation of any rights of another.

  10. NO RESALE OF SERVICE

    You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service, other than as provided within the scope of the Service.

  11. MODIFICATIONS TO SERVICE

    FLICKEVENTS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. FLICKEVENTS will not be responsible to you for refund, in whole or part, of service fees for any reason. You agree that FLICKEVENTS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

  12. TERMINATION

    You agree that FLICKEVENTS, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Information within the Service, for any reason, including, without limitation, for lack of use, failure to timely pay any fees or other moneys due FLICKEVENTS, or if FLICKEVENTS believes that you have violated or acted inconsistently with the letter or spirit of the TOS. FLICKEVENTS may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that FLICKEVENTS may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that FLICKEVENTS shall not be liable to you or any third-party for any termination of your access to the Service.

  13. LINKS

    The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. As FLICKEVENTS has no control over such sites and resources, you acknowledge and agree that FLICKEVENTS is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that FLICKEVENTS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

  14. FLICKEVENTS' PROPRIETARY RIGHTS

    You acknowledge and agree that the Service and any necessary software used in connection with the Service (Software) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by FLICKEVENTS, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. FLICKEVENTS grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Services by any means other than through the interface that is provided by FLICKEVENTS for use in accessing the Service.

  15. DISCLAIMER OF WARRANTIES

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

    YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. FLICKEVENTS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.

    FLICKEVENTS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

    ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

    NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FLICKEVENTS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

  16. LIMITATION OF LIABILITY

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT FLICKEVENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FLICKEVENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

  17. EXCLUSIONS AND LIMITATIONS

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THE TOS SECTIONS MAY NOT APPLY TO YOU.

    REGARDLESS OF THE PREVIOUS PARAGRAPH, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE TOTAL FEES YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, AND (B) SGD$100.

  18. RELEASE

    IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE US (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

  19. NOTICE

    Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service. Our mailing address is FLICKEVENTS Pte. Ltd., 8 Prince George’s Park, 118407 Singapore.

  20. TRADEMARK INFORMATION

    FLICKEVENTS, trademarks and service marks, and other FLICKEVENTS logos and product and service names are owned by and/or trademarks of FLICKEVENTS (the FLICKEVENTS Marks). Without FLICKEVENTS' prior permission, you agree not to display or use in any manner, the FLICKEVENTS Marks.

  21. GENERAL INFORMATION

    A. Entire Agreement.

    The TOS constitutes the entire agreement between you and FLICKEVENTS and governs your use of the Service, superseding any prior agreements between you and FLICKEVENTS. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party Information or third-party software.

    B. Choice of Law.

    The TOS and the provision of Service to you are governed by the laws of Singapore as such laws are applied to agreements entered into and to be performed entirely within Singapore by Singapore residents.

    C. Arbitration.

    Any controversy or claim arising out of or relating to the TOS or the provision of Service shall be finally settled by binding arbitration in accordance with the commercial arbitration rules of the Singapore Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Singapore, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. However, you and FLICKEVENTS agree to submit to the personal jurisdiction of the courts located within the city and county of Singapore. Either you or FLICKEVENTS may seek any interim or preliminary relief from a court of competent jurisdiction in Singapore, necessary to protect the rights or property of you or FLICKEVENTS (or its agents, suppliers, and subcontractors) pending the completion of arbitration.

    D. Invalid Provisions.

    The failure of FLICKEVENTS to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

    E. Time to File Claim.

    You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

    F. Titles.

    The section titles in the TOS are for convenience only and have no legal or contractual effect.

  22. VIOLATIONS

    Please report any violations of the TOS by email to support@flickevents.com