Terms
The Avyga Terms of Service contain important information about your legal rights, remedies and obligations. By accessing or using the Avyga Services, you accept the general terms of these Terms, without modification, and enter into a binding contract with us governing our Services and your use of the Services. These terms describe the service we provide, our responsibilities to you as users and providers of our services, and the limits of those responsibilities.In the following conditions are also declared the eligibility criteria for the services of Avyga, the prohibited behaviors and the rules of the community of Avyga.Do not access or use the Services if you do not agree to the general provisions of these Terms.
- Acceptance of these Terms
- Ins and outs.
Here are several important definitions to help you navigate these Terms.
- "Consumers" means consumers using our Services for any reason, including to consume information and/or participate in events.
- "Organizer" means an event creator using our Services to create events for Consumers through our website.
- "Services" is defined as any work performed for a particular purpose by Avyga for the benefit of an entity external to said platform.
- "Site Content" means any content in or provided through the Services or otherwise made available by Avyga in connection with the Services whether in text, audio, video or other format that the platform supports.
- "Your Content" is any content that you offer, provide, post or otherwise make available using the Services, or that you otherwise offer, provide, post or make available to us, or that you authorize us to use.
- "Your Trademarks" are the trademarks, trade names, service marks, and logos that you offer, provide, publish or otherwise make available using the Services, or that you otherwise offer, provide, publish or otherwise make available to us, orthat you allow us to use.
- Organizers, Consumers and third parties who access or use our Services are all collectively referred to in these Terms as "Users", "you", "your" or "yours".When these Terms use the terms "Icone Tech", "Avyga", "we", "us" or "our", they are referring to Icone Tech, and its officers, directors, agents and employees.
- Who is Avyga.
Avyga is the name of the platform as well as the commercial name of Icone tech in the business sector of event planning.Avyga, Avyga.com is the intellectual and material property of Icone Tech.Icone tech is the company name and is used for legaldocuments which is different from Avyga which is used for business purposes.However, for the sake of better understanding, we will use the terms "Avyga" and "Icon Tech" interchangeably.Icone Tech is a company registered with the Ministry of Commerce of Haitiand is subject to Haitian laws.This contract uses the jurisdiction of Port-au-Prince.The head office of Icone Tech is 22 rue Racine Santo 11 CROIX DES BOUQUETS, WEST, 6116, HAITI.We may from time to time provide services toyou which are not described in these Terms and unless we have entered into a separate, signed agreement which expressly supersedes these Terms, these will also apply to those services.
- Using our Services on behalf of an entity will bind that entity to these Terms.
If you are using the Services on behalf of an entity (eg, on behalf of your employer), you agree to these Terms on behalf of that entity and its Affiliates and represent that you have the necessary authority to do so.In this case, "you", "your" and "your" will refer to this entity as well as yourself.
- Services and role of Avyga
- What we do.
Avyga offers ticketing services to create, manage and sell virtual or physical tickets through our platform as well as a reservation system for free events. It also provides event creators with tools to promote their event, use marketing techniques, cover and retain an audience. Avyga also connects the various players in the events sector in order to collaborate together and grow its ecosystem. Our place. It is important to point out that events published on Avyga except for events published by a page called Avyga are neither organized nor managed nor owned by Avyga and therefore has no responsibility for:
- The course of activities.
- The veracity of the information provided by the organizers in the published events.
- Media published by organizers.
- The organization of the activity.
- Agreements, collaboration or partnership with organizers that do not directly include Icone Tech.
- The Organizer is solely responsible for ensuring that its event and any page displaying an event complies with all applicable laws, rules and regulations, and that the goods and services described on the event page are provided as described and accurately and satisfactorily.
- Consumer and Privacy Information
- We follow our Privacy Policy to manage and protect your personal data. We are committed to protecting your personal data that you provide or that we collect through Avyga as set out in our Privacy Policy.
- We expect you to follow the rules when handling Consumer Information.If you are an Organizer, you will at all times comply with all applicable local, state, provincial, national and other laws, rules and regulations regarding the information you collect from (or receive about) Consumers or other individuals, and any applicable policies. Published by us on the Services regarding information you collect from (or receive about) Consumers.
- Period of validity: Termination
- These Terms apply when you access our Services. These Terms apply to you upon accessing the Services by any means and will continue to apply until terminated. Sometimes you or Avyga decide it's best to part ways as described in Sections 4.2 or 4.3 below. When this happens, these Terms generally no longer apply. However, as described in Section 4.4, certain terms will always apply to you and us.
- We may revoke your access to our Services. We may suspend or terminate your right to use the Services at any time, including if: you breach or breach these Terms or any other agreement between you and us, or if you fail to pay any amount when due; you misuse or abuse the Services, or use the Services in a way not intended or authorized by us; you engage in any conduct on or off Avyga that endangers the safety of our community or the integrity of Avyga or interferes with the experience of our community or Avyga; or permitting you to access and use the Services would violate any applicable local, state, provincial, national or other law, rule, regulation or court order or expose us to legal liability. We may choose to stop offering the Services, or any particular part of the Services, or to modify or replace any aspect of the Services, at any time. We will make reasonable efforts to provide you with notice of our termination of your access to the Services, if we believe that failure to do so would cause you material harm. You agree that we shall not be liable to you or to any third party for our termination of your right to use or otherwise access the Services.
- We hope you want to continue using our Services, but please refer to this paragraph if you don't. Except as otherwise agreed in a separate written agreement between you and us, you may terminate your access to the Services and general applicability of the Terms by deleting your account. If you are a Consumer using the Services without a registered Avyga account, your only option for these Terms to no longer apply is to stop accessing the Services indefinitely. As long as you continue to access the Services, even without an account, these Terms remain in effect. If there is a separate agreement between you and us governing your use of the Services and that agreement terminates or expires, these Terms (as unmodified by that agreement) will govern your use of the Services after such termination or expiration.
- Certain provisions will always remain applicable to you and to us. All provisions of these Terms which by their nature should survive termination of these Terms shall survive (i.e. continue to apply to you), including all limitations on liability , disclaimers, indemnification obligations, disclaimers of warranties, arbitration agreements, choices of law and jurisdiction, and intellectual property licenses and protections.
- Exemption and Indemnification.
- Exoneration.
You will not involve us in any dispute between you and a third party. You hereby agree to hold us harmless from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of any kind and nature, known and unknown, arising from a dispute between you and a third party (including other Users) in connection with any of the following: the Services or any event listed on the Services, including Your Avyga Events; your License (defined below), any failure to obtain or maintain any License, or any error in obtaining or maintaining any License; any Feedback (defined below) you give or receive; or Your Content or Your trademarks. Further, you waive any applicable law or legislation, which in essence states: "A GENERAL RELEASE WILL NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOR AT THE TIME OF EXECUTION OF THE RELEASE, WHICH, IF KNOWN TO HIM, WOULD MATERIALLY AFFECT HIS SETTLEMENT WITH THE RELEASED PARTY. "
- Compensation.
You agree to defend us if a third party attacks us because of something you have or have not done. You agree to defend, indemnify and hold harmless the Avyga Released Parties from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses (including reasonable attorneys' fees and accountants) arising out of any pending complaint, demand or proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation by any third party (each, a "Complaint")in connection with or arising out of: your breach of these Terms (including any terms or agreements or policies incorporated into these Terms);your unauthorized use of the Services; your License, any failure to obtain or maintain any License, or any error in obtaining or maintaining any License; any Feedback you give or receive; your violation of any applicable local, state, provincial, national or other law, rule or regulation or the rights of any third party; our collection and remittance of taxes; and if you are an Organiser, Your Avyga Events (including where we have provided Services in respect of such events) and Your Content and Trademarks, whereas in the event of (vii) this indemnification shall not apply into the extent the Complaint arises as a result of Avyga's willful misconduct or gross negligence.We will provide you with notice of any Complaint in question, but our failure or delay in providing such notice will not limit your indemnification obligations except to the extent that such failure would cause you substantial harm.In addition, in certain circumstances, we may choose to handle this Complaint directly, in which case you agree to cooperate with us in any way.
- Disclaimer of warranties and assumption of risks by you.
- We strive to deliver the Services the way you need them, but there are some things we cannot promise. To the extent permitted by applicable law, the Services (including Beta Services, defined below) are provided on an "as is" and "as available" basis. Avyga expressly disclaims all warranties, express or implied, including implied warranties of merchantability, title, non-infringement, and fitness for a particular purpose. For example, we make no warranty that: the Services (or any part of the Services) will meet your expectations or requirements; the Services will be uninterrupted, timely, secure or error-free; or the results that may be obtained from the use of the Services will be accurate or reliable. We have no control over and do not warrant (i) the quality, safety, success, accuracy or legality of any event or Site Content associated with an event, (ii) the accuracy of any information provided by Users (including Feedback and personal information of Consumers shared with Organizers in connection with the events), or (iii) the ability of any User to complete a transaction. We are not responsible for the acts or omissions of any third parties, including third parties who assist us in providing the Services, that an Organizer chooses to assist us with an event, or that you choose to use or contract when using Services.
- You must assume the risks inherent in participating in live events.Certain events may carry inherent risk, and by participating in these events, you choose to assume these risks voluntarily.For example, some events may carry the risk of illness, bodily injury, disability, or death, and you assume those risks voluntarily and freely by choosing to participate in those events.
- Most events on our platform are not hosted by Avyga, but if and when you attend an event that is, you assume all risk. When you attend an event hosted by us, you waive all claims and causes of action against Avyga Released Parties, event presenters and producers, and their insurers, for liability, including personal injury, property damage or wrongful death in connection with your participation in the event.
- You may have the opportunity to try certain Beta Services from time to time. We may make available to you certain betas and other software, services, equipment and related materials, resources and information prior to their release from time to time, for your use on a voluntary basis, as part of early release, early access program (collectively, "Beta Services") for us to gather information and for Users to provide Feedback to us about the quality and usability of the Beta Services. Beta Services may not provide the same level of performance as a commercial product, and Beta Services may not function properly and may be subject to material modification, including deprecation, during and after the period that you could use them. We are not liable to you with respect to your use of our Beta Services, and we may revoke your access to the Beta Services at any time with or without cause or notice.
- Exemptions will apply as long as they are permitted by law. The disclaimers of these Terms apply to the fullest extent permitted by law. If warranties are required by applicable law, they will be limited to the shortest duration allowed.
- Limitation of Liability.
- In order to provide our Services at scale, we need to limit our liability to you. To the extent permitted by applicable law, the Avyga Released Parties shall not be liable to you or any third party, for: Any indirect, incidental, special, consequential, punitive or exemplary damages, including damages for lost profits, goodwill, usage, data, opportunity costs, intangible losses, or the cost of substitute services (even if we have been advised of the possibility of such damages); any Feedback you give or receive; or Your Content or Your Trademarks. Further, in addition to our obligation to pay Event Revenue in certain circumstances to certain Organizers, and only in accordance with these terms, the maximum aggregate liability of Avyga Released Parties is limited to the following: For Event Organizers on our Site with paid tickets: The Avyga Fee (net of any Avyga Payment Processing Fees) paid to us by the Organizer in the three (3) month period immediately preceding the circumstances giving rise to the complaint; or For other Users: The total amount of all tickets or registrations the User purchased or completed through the Services in the three (3) month period immediately preceding the circumstances giving rise to the complaint; or If no tickets have been sold or if purchases have been made.
- All of our Terms are made to comply with the law. Some jurisdictions do not allow the exclusion of certain warranties or conditions on, or the limitation of, liability for loss or damage caused by willful acts, negligence, breach of contract or breach of implied terms, or damages incidental or indirect. Only the limitations of liability and the like that are lawful in your jurisdiction (if any) will apply to you, and our liability is limited to the fullest extent permitted by law.
- IMPORTANT: BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS. PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. ANY DISPUTE OR CLAIM UNDER THESE TERMS OR IN CONNECTION WITH THE SERVICES SHALL BE RESOLVED BY MANDATORY ARBITRATION OR SMALL CLAIMS COURT (TO THE EXTENT THE CLAIM IS ADMISSIBLE) AND SHALL ONLY BE RESOLVED ON AN INDIVIDUAL BASIS; YOU ACKNOWLEDGE THAT CLASS, CONSOLIDATED OR REPRESENTATIVE ARBITRATIONS AND CIVIL ACTIONS ARE NOT PERMITTED AND THAT EACH PARTY WAIVES ANY RIGHT TO ACQUIRE SUCH ACTIONS. The parties understand that, absent this mandatory provision, they would have the right to sue and request a jury trial. They also understand that in some cases the costs of arbitration may exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.
- Contact us first if you have a problem with our Services. You agree that if you have a question or concern regarding the Services, you will contact us first before initiating any legal process. Our customer service team will try to answer your question or resolve your concern.
- If a dispute cannot be resolved between us, it shall be resolved by arbitration. In the unlikely event that our customer service team is unable to resolve your concerns, you and we respectively agree to resolve all disputes and complaints between you and us, including arising under or in connection with these Terms, your use of the Services, or your and our relationship, in binding arbitration or (to the extent the claim is eligible) in dedicated small claims court, rather than courts of general jurisdiction. As explained below, the appointed arbitrator will have the authority to initiate any available remedy in court, to the extent warranted by the claims. All arbitrations and small claims proceedings will occur only on an individual basis. Under no circumstances will we or you seek to resolve any dispute with the other party in any purported class, consolidated, or representative action proceeding. Mandatory arbitration is subject to very limited review. Only the appointed arbitrator, and not any court, shall have authority to resolve any dispute regarding this Section, including any dispute regarding the scope, applicability and arbitrability of these Terms. This arbitration clause will survive the termination of these Terms and any other agreement between you and us. These Terms evidence an interstate commerce transaction and the interpretation and enforcement of this Section 9 shall be governed by the Federal Arbitration Act, notwithstanding the choice of law set forth in Section 8.8 below.
- Our arbitration agreement applies to almost all complaints. This arbitration agreement applies to all legal disputes between you and us. This includes, but is not limited to: (i) all complaints relating to any aspect of the relationship between you and us, whether in contract, tort, statutory, fraudulent, misrepresentation or any other legal theory; (ii) all complaints that arose before this agreement or any prior agreement (including advertising complaints); and (iii) any claims that may arise after the termination of these Terms and/or your use of the Services. Notwithstanding this agreement to arbitrate, you or we may elect to bring: an individual action in small claims court (to the extent the applicable claim is eligible); or actions, validity determinations, or claims related to the theft, piracy, or unauthorized use of an intellectual asset in court to protect your or our Intellectual Property Rights. "Intellectual Property Rights" means patents, copyrights, moral rights, trademarks and trade secrets, but not rights of privacy or publicity.
- How the arbitrator will be selected. We agree to use the "rank and strike out" process respectively for the selection of an arbitrator. In this process, the Chamber of Conciliation and Arbitration of Haiti ("CCAH") will propose at least ten candidates who can potentially serve as arbitrators. We will respectively respond to the CCHA directly (without copying ourselves) in a writing that will (i) "bar" up to three such applicants, i.e., remove them from further consideration, and (ii) will rank the remaining candidates in order of preference. The CCAH will average each of the rankings for each arbitrator and select as arbitrator the candidate with the highest ranking.
- We both agree not to bring a class action lawsuit. YOU AND AVYGA AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CONSOLIDATED, CLASS OR REPRESENTATIVE PROCEEDING.THE ARBITRATOR CANNOT CONSOLIDATE CLAIMS FROM MORE THAN ONE PERSON, AND CANNOT PRESIDER ANY FORM OF CONSOLIDATED, CONSOLIDATED OR REPRESENTATIVE PROCEEDINGS.THE ARBITRATOR MAY (IF APPROPRIATE) ISSUE ANY REMEDY THAT WOULD BE AVAILABLE IN A COURT, INCLUDING A PUBLIC INJUNCTIVE REMEDY, IN FAVOR OF THE PARTY SEEKING SUCH REMEDY, BUT ONLY TO THE EXTENT PERMITTED BY LAW AND WARRANTEDBY PARTY'S COMPLAINTS. You and we respectively recognize that different arbitrations may present overlapping legal or factual issues. So, to the fullest extent permitted, you and we respectively agree that if either of you or us initiates an arbitration against the other and we determine, in our sole discretion, that such arbitration presents one or morefact or law that is also at issue in a pending arbitration between us and a third party (a "Similar Arbitration"), the arbitration involving you will, upon our request, be assigned to the arbitrator presiding over the Similar Arbitration and/orsuspended until the similar Arbitration is resolved. Any decision in any similar Arbitration will not be binding in the arbitration involving you.
- Notice must be given when either of us intends to seek arbitration. A party that intends to seek arbitration must first send the other a written notice of dispute ("Notice of Dispute").Notice of Dispute to Avyga should be addressed to the following address ("Notification Address") and should be sent by registered mail: Icone Tech, 12 rue Racine, Santo 11, Croix Des Bouquets, OUEST, HAITI, 6116.Dispute Notices to you will be sent to you at a mailing address, home or payment address currently on file with Avyga and must be sent by registered mail. If we have no physical address record, our Dispute Notice may be delivered to your Avyga Account email address. The Dispute Notice must (i) describe the nature and basis of the complaint or dispute; and (ii) state the specific remedy sought. If Avyga and you do not reach an agreement to resolve the complaint within sixty (60) calendar days after the Notice of Dispute is sent, you or Avyga may initiate arbitration proceedings.
- The following are the rules that will govern any arbitration proceeding. Arbitration will be governed by the Rules of Trade and Customs, or, if the actions giving rise to the dispute or complaint relate to your personal use of the Services (rather than business use), and will be administered by the CCAH and settled by a single arbitrator. All issues in dispute between the parties will be determined by the arbitrator, including issues relating to the scope, applicability, and arbitrability of this Section.
- This is where the arbitration will take place. If you are a Consumer, any arbitration hearing will take place (at your option) either in the county of your residence or by, but if you are a Consumer whose residence is located outside of Haiti, the hearing will take placeto the Department of Trade and Industry, at your discretion and under the CCHA Rules. If your use of the Services is or was for commercial use, then unless Avyga and you agree otherwise, any arbitration hearing will be held in Haiti at a location reasonably convenient for both parties taking into account their ability to travel and other relevant circumstances. If the parties are unable to agree on an appropriate location for arbitration, the CCAH will determine that location. If your claim is for ten thousand dollars (US$10,000) or the equivalent in gourdes or less, arbitration will be conducted solely on the basis of the documents submitted to the arbitrator. If your claim exceeds ten thousand dollars (10,000 USD) or the equivalent in gourdes, the right to a hearing will be determined by the rules of the CCAH. Regardless of how the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and observations on which the award is based. All decisions rendered by the arbitrator will be final and binding; and judgment on the award rendered may be entered in any court of competent jurisdiction.
- This is how we decide who is responsible for arbitration costs and legal fees.
- Payment of fees and expenses.
- all be governed by Section 22. In the event that any provision of t legal and/or overlapping facts.
- If you wish to exclude yourself from our agreement to arbitrate, you must notify us in time.You have the right to opt out and not be bound by the arbitration or class action waiver provisions set forth above in this Section by sending (from the email address we associate as a User) written notice of your decision to Contact@Avyga.com. Please include the following in the subject line, "ARBITRATION WAIVER AND CLASS ACTION WAIVER". The notice must be sent within thirty (30) days of your first use of the Services or your acceptance of these Terms (whichever is later);otherwise, you will be required to arbitrate disputes in accordance with the terms of these provisions. Note that if you opt out of these arbitration clauses, Avyga will also not be bound by them.
- License for Avyga Services.
- Your right to use our Services is limited to the license we grant to you.We grant you a limited, non-exclusive, non-transferable, non-sublicensable (except to sub-Users registered through the Services), revocable right to use our Services only to: browse the Services and search, view, registeror purchase tickets or registrations to an event listed on the Services;and/or create an event registration, Organizer profile, and other web pages to promote, market, manage, track, and collect sales revenue for an event.Your use of the Services must comply with these Terms and all applicable local, state, provincial, national and other laws, rules and regulations.In addition, by using any search functionality or address autofill tool, you are bound by the Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy).
- You may not copy, sell, or use our Services in any way that harms Avyga. In addition to any other restrictions, limitations, and prohibitions we impose (in these Terms or elsewhere), you agree not to directly or indirectly: copy, modify, reproduce, translate, locate, port, or otherwise create derivatives of any part of theServices; reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or the structure, sequence and organization of all or any part of the Services; rent, resell, distribute, use the Services for any other non-intended commercial purpose or otherwise exploit the Services in any unauthorized manner; remove or alter any proprietary notices on the Services; or engage in any activity that interferes with or disrupts the Services.
- Our assets remain our property. You agree that all Site Content may be protected by copyrights, trademarks, service marks, trade secrets or other intellectual property rights and other proprietary rights and laws. We may own the Site Content or portions of the Site Content may be made available to us through arrangements with third parties. Site Content included or made available through the Services is our exclusive property and is protected by copyright laws. You agree to use Site Content only for purposes permitted by these Terms and any applicable local, state, provincial, national or other law, rule or regulation. All rights expressly granted in these Terms are reserved.
- You may not use trademarks that are not yours unless we say so. The trademarks, service marks and logos of Avyga (the "Avyga Trademarks") used and displayed in connection with the Services are registered and unregistered service marks or trademarks of Tech icon. Other company, product and service names used in connection with the Services may be trademarks or service marks of third parties (the "Third-Party Trademarks" and, together with the Trademarks of Avyga, the "Trademarks").Your permission to use the Services does not include, by implication, estoppel, or otherwise, any permission or right to use any Trademarks displayed in connection with the Services without our prior written consent specifically for each such use. You must not use the Trademarks to disparage us, or any third party, our or any third party's products or services, or in any way that may damage any goodwill in the Trademarks. You must not use any Trademark in a link to or from any website unless we approve such use by prior written consent specifically for each such link. Any goodwill generated by the use of any Avyga Trademark will benefit Avyga. Certain issued patents and pending patents apply to the Services. Content on the Site may also be copyrighted by us and/or third parties. Please note that if you copy portions of the Services, you violate these patent rights and copyrights.
- Any subdomains connected to our website will be owned by us. All such subdomains are our exclusive property and we reserve the right to determine the appearance, design, functionality and all other aspects of such subdomains.
- Licenses and permits that organizers must obtain.
- ntent for your own purposes. You may not use, and you agree not to use, any Site Content for your own commercial purposes. You do not have the right, and you agree not to collect, explore or use automated means to extract data from the Sites.
- Fees and refunds.
- We charge the following fees. Creating an account and listing an event are free. However, we do charge a fee when you sell or buy paid tickets or registrations.These fees may vary depending on individual agreements between us and certain Organizers.In some cases, Organizers may determine whether such fees will be passed on to Consumers and displayed as "Fees" on the relevant event page or absorbed into the ticket or registration price and paid by Organizer ongross ticket and registration receipts.The fees charged to Consumers may include other fees, including royalties, taxes, processing fees and fulfillment fees.Thus, the fees paid by Consumers for an event are not necessarily the same as those charged by us to the relevant Organizer or the standard fees described in the Services for Organizers.In addition, some charges are intended to cover expenses incurred by us, but may in some cases include an element of profit and sometimes may include an element of loss.We do not control (and therefore cannot disclose) charges levied by your bank and/or credit card company, including fees for purchasing tickets and registrations in foreign currencies or from foreign persons.Be sure to check with your bank or credit card company prior to purchase to understand all applicable fees, credit card surcharges and currency conversion rates.
- Our refund policy.
Avyga claims a total or partial guarantee as agreed upon when creating the tickets in order to protect the consumer against fraudulent events or the cancellation of events on our website. This guarantee will be in effect throughout the period from the sale of tickets to the completion of the event. This guarantee will be kept in our bank or Moncash accounts and cannot be remunerated. Two issues are to be considered, in the first case the realization of the event the guaranteed funds will be transferred to the accounts registered in the profile of the organizers, in the second case after reports of a large number of participants, Avyga will launchin a process of reviewing said event to determine whether or not the occurrence of the event has occurred. If this is the case, the guaranteed funds will be returned to the participants. For any other complaint, Avyga can only act as a mediator in order to facilitate the exchanges but Avyga does not guarantee this mediation either.
- Consumers requesting a refund should contact the Organizer.Consumers should not use a ticket that has been refunded, and Organizers should not accept invalid tickets.Since all transactions are between an Organizer and its Consumers, we require all Consumers to contact their event's applicable Organizer for any refund requests.You can find help getting a refund here.If you are a Consumer and receive a refund for your ticket, you will discard the ticket and not use it (or any copy thereof) to attend the event.A violation of this rule will constitute fraud.If you are an Organiser, you acknowledge that the applicable procedure for verifying ticket validity must always be followed, including the registration of Consumers with the Avyga App for Organisers.Under no circumstances will we be held liable for costs resulting from the failure of the Organizers to comply with the procedures which must be implemented by the Organizers to check the validity of the tickets.Under no circumstances will we be liable for any costs and/or damages arising from situations of ticket fraud and/or the purchase of the ticket through unofficial means, such as third parties.
- Your Account with Avyga.
- When you create an account with us or use our Services, you must provide us with accurate information and follow these rules. We may require you to create an account to access certain features or functions of the Services. You agree to the following: You must be at least 18 years old, or the legal age of majority where you reside, to use the Services. If you are 13 or older, you may use the Services only under the supervision of a parent or legal guardian who administers your use of the Services and/or your account. If you are under 13, do not provide any information about yourself to us. You must provide accurate, current, and complete information about yourself, or if you are using the Services on behalf of an entity, about that entity (“Registration Data”).You must also update such Registration Data if it changes. In the event of a dispute between two or more persons or entities as to ownership of the Account, we will be the sole arbiter of such dispute and our decision (which may include termination or suspension of the Account) shall be final and binding. If you are using the Services on behalf of a business or other entity, you represent and warrant that you have the authority to legally bind such entity and grant to us all permissions and licenses provided in these Terms. We may provide you with the ability to implement certain permissions in your account to third parties, including "sub-users", "sub-accounts" or other accredited users. If we do, you are solely responsible for all activities that occur under your account (including the actions of sub-users).You must maintain the confidentiality of your password and account information. All rules applicable to your account apply to any third parties to whom you grant access to your account. You will notify us immediately of any unauthorized use of your password or account, or any other breach of security. You are responsible for the activities that occur under your account. You will not use the Services to collect sensitive personal information, such as health information, tax or national identification numbers, financial information, payment card numbers, driver's license numbers and passport numbers, unless otherwise permitted in these Terms or unless we have consented to the collection of the information in writing.