In this agreement, the following terms, capitalised, shall have the meanings set out below:
Event Organiser: the party that organises an Event and sells Tickets granting access to it via the EventSquare platform.
Event: any organised activity, including but not limited to artistic and/or sporting performances, theatre, stage or music performances, concerts and/or other gatherings, as well as B2B events, shows, seminars or meetings.
User: any natural or legal person who, in any manner whatsoever, makes use of the Event Organiser’s platform for the Event organised by the latter.
EventSquare: a trade name of the company EventSquare BV, company number BE 0670.798.154, having its registered office at Kleinhoefstraat 5/76, 2240 Geel, Belgium, whose general terms and conditions shall always prevail in the relationship between the organisation and EventSquare.
Store: the EventSquare platform enabling the User to order and/or reserve Tickets from Event Organisers.
Ticket: an access ticket for the Event organised by the Event Organiser.
General Terms and Conditions: the terms governing the use of the platform;
Intellectual Property Rights: all intellectual property rights and related rights, such as copyright, trademark rights, patent rights, design rights, trade name rights, database rights and neighbouring rights, as well as rights relating to know-how and similar performances, as included in the annex to this General Agreement.
Location: the place or places where the Event takes place.
Processing Fees: the fees charged by EventSquare to the User and the Event Organiser for the use of the platform.
Use of the platform allows the User, subject to availability and the restrictions imposed by the Event Organiser, to reserve one or more Ticket(s) for the Events offered in the Store and to receive such Tickets.
The platform enabling the purchase of a Ticket from an Event Organiser only facilitates the ordering process of Tickets. The purchase agreement for the Tickets is therefore concluded exclusively between the User and the relevant Event Organiser. EventSquare acts solely as an intermediary and is not a party to the purchase agreement between the User and the Event Organiser. These General Terms and Conditions apply solely to the use of the Store of the Event Organiser’s Event.
The Store allows the User to reserve one or more Ticket(s) until the date determined by the Event Organiser or until the available quantity has been exhausted.
Unless explicitly stated otherwise, the reservation of Ticket(s) implies acceptance of these General Terms and Conditions by the User.
EventSquare accepts no liability for errors in Ticket orders, such as the number of Tickets and/or the type of Event. Tickets cannot be cancelled or exchanged via EventSquare. For such matters, EventSquare refers the User to the Event Organiser, who is the responsible party and seller of the Ticket.
EventSquare does not guarantee that the Store will be accessible at all times without interruption or malfunction. Disruptions may occur, among other things, due to internet or telecommunication failures, viruses or technical defects. EventSquare shall not be liable towards the User or the Event Organiser for any damage resulting from the (temporary) unavailability or interruption of the Store.
EventSquare is entitled, without prior notice and without being liable for compensation, to temporarily suspend or restrict access to the Store if this is deemed necessary, for example for reasonably required maintenance.
EventSquare is also entitled, without prior notice, to implement procedural and technical changes and/or improvements to the Store.
Information regarding Tickets and Events, including availability, dates, changes and cancellations, originates from the Event Organiser and not from EventSquare. EventSquare has no influence over and cannot guarantee the accuracy of such information. EventSquare therefore accepts no liability for any damage suffered by the User as a result of the unavailability of Tickets and/or incorrect or erroneous information provided by Event Organisers. EventSquare also accepts no liability for damage resulting from the cancellation or postponement of an Event, nor for the quality of the Event and/or the Location.
No later than seven (7) working days after receipt of payment, the User will receive the Tickets via a link sent by email. The User is expected to print the Tickets on white paper and keep them carefully. Upon request, the Tickets must be presented at the Event.
Electronic communications are deemed to have been received within seven (7) working days after dispatch, unless the recipient proves otherwise. Any delivery or accessibility issues related to the User’s email inbox are at the User’s risk, even if the inbox is hosted by a third party.
If the User has not received the Tickets within this period, the User must contact EventSquare in writing (by letter or email at support@eventsquare.io). After this period, EventSquare will assume that the Tickets have been properly received.
The Store accepts various payment methods. The availability of payment methods may vary depending on the Event and the time of purchase.
The User is at all times responsible for the execution of the payment and the accuracy of the related information.
The User pays the price for the Ticket as determined by the Event Organiser and displayed in the Store. Processing Fees may be charged in addition to the Ticket price for the use of the Store.
Processing Fees may vary depending on the method and timing of the purchase. All fees are clearly displayed during the ordering process. No costs other than those shown will be charged.
The price displayed in the Store at final checkout includes all applicable taxes and charges. The User must make payment via the options offered during the ordering process. When payment is made via a direct payment method (such as Visa, Mastercard, etc.), the User authorises EventSquare or its partner(s) to process the payment and transfer it to EventSquare or the Event Organiser.
Prices in the Store include VAT unless stated otherwise. Prices may be changed without prior notice. The price displayed during the ordering process is binding.
EventSquare aims to prevent all forms of fraud, deception and discrimination related to access to and use of the Store. Taking this into account, both the Event Organiser and EventSquare disclaim any responsibility if the User fails to complete payment or provides incorrect information at the time of reservation.
Only the holder of the Ticket who presents the Ticket first at the entrance of the Event will be granted access.
EventSquare cannot be regarded as the Event Organiser and is therefore not responsible for, nor does it guarantee, the quality or content of the Event, nor the organisation of matters in or around the Location, nor any cancellations.
EventSquare shall never be liable for any damage resulting from death, injury, accidents, harm, loss, damage or theft suffered by the User before, during or as a result of attending the Event or the Location.
The User accepts that additional terms imposed by Event Organisers may apply to the use of Tickets and access to Events. EventSquare is not responsible for such additional terms and accepts no liability for any damage resulting therefrom.
The Event Organiser, Location owner, security staff and/or police are entitled to search the User prior to the Event for prohibited items and to confiscate such items, subject to consent or reasonable suspicion. If consent is refused, access may be denied. Confiscated items will be returned after the Event where possible, unless they are legally prohibited.
The Event Organiser and the Location owner reserve the right at all times to refuse access to the Event and the Location based on internal regulations.
They also reserve the right to make audio and/or visual recordings of the Event. The User acknowledges and agrees to this and hereby waives any right to object to the use of their image or likeness in connection with the publication and reproduction of such recordings.
The right of withdrawal does not apply, as the service, namely the reservation of the Tickets, is performed immediately.
No interim termination of the agreement for the use of the Store is possible.
If and insofar as the Event is cancelled by the Event Organiser or the Location owner, the Event Organiser shall never reimburse more than the Ticket price demonstrably paid via the Store. Processing Fees and any other additional costs paid by the User for the services of the Store shall not be refunded. The Event Organiser and EventSquare shall in no case be liable for any direct or indirect costs, expenses or other damages suffered by the User. The Event Organiser may unilaterally opt to convert cancelled Tickets into vouchers for a future Event, subject to availability.
EventSquare points out that the Store relates to leisure activities and that the right of withdrawal does not apply.
Services already performed by the Store and the corresponding payment obligations shall not be subject to reversal in the event of dissolution.
Without prejudice to other provisions of these General Terms and Conditions, EventSquare is entitled to immediately terminate the agreement for the use of the Store and cancel reserved Tickets, without judicial intervention and without being liable for compensation, if the User fails to meet payment obligations, commits fraud, provides false payment details, reverses a payment or if EventSquare otherwise detects irregularities.
During use of the Store, the User provides (personal) data to EventSquare. Such data will be stored and processed in accordance with applicable laws and regulations and will not be disclosed to third parties without prior consent, unless EventSquare is legally obliged to do so or in order to defend its rights. See the Privacy Policy.
If the User gives explicit consent, such data may be used for commercial purposes, including direct marketing. The User has the right to object to such processing at any time, and upon first request EventSquare will immediately cease such processing.
The User indemnifies EventSquare against claims by third parties based on the assertion that activities carried out by the User via the Store are unlawful.
EventSquare accepts no liability for damage resulting from the provision of the Store or from tort or otherwise, insofar as permitted by mandatory law.
If EventSquare is nevertheless liable for damage, such liability shall be limited to the Processing Fees charged for use of the Store.
The User indemnifies EventSquare against all claims by third parties, of whatever nature, relating to compensation for damage, costs or interest arising from irregular use of the Store and/or breach of these General Terms and Conditions and/or any third-party rights.
This limitation of liability does not exclude EventSquare’s liability for intent and/or wilful misconduct by EventSquare itself or its senior management.
If and insofar as EventSquare is unable to fulfil its obligations towards the User due to force majeure, the User shall not be entitled to any compensation.
Force majeure includes, but is not limited to, war, threat of war, riots, restrictive measures by domestic or foreign authorities, death of members of royal families or governments, serious incidents, fire, pandemics, diseases and epidemics, strikes, equipment failures, transport disruptions, floods, lockouts, sabotage and all other unforeseen circumstances, whether domestic or foreign, rendering performance of these General Terms and Conditions unreasonable.
EventSquare accepts no liability for loss or damage to Tickets by the User for any reason whatsoever. From the moment the Ticket is made available to the User, the risk of loss, theft, damage or misuse rests with the User.
EventSquare accepts no liability for the purchase and delivery of Tickets not carried out via EventSquare. Any limitation or exclusion of liability also applies to the liability of EventSquare’s employees and auxiliary persons.
If any provision of these General Terms and Conditions is declared null or partially unenforceable, the remaining provisions shall remain fully effective.
Belgian law shall apply exclusively.
In the event of a dispute, only the Commercial Court of Turnhout, Belgium, shall have jurisdiction, and proceedings shall be conducted in the Dutch language.