Müşteriler için Hizmet Hüküm ve Koşulları Terms of Service for Promoters and Organisers

Terms of Service for Promoters and Organisers

Terms of Service for use of Platinumlist.net by Promoters

Welcome to Platinumlist.net. The following pages contain our Terms of Service for Promoters, which govern all use of our Services by Promoters. Our aim is to provide Promoters with a platform to promote, advertise and sell their Event(s) to Customers, offering Customers a simple and quick way of buying Tickets online. Any Promoter that promotes an Event or sells Tickets via Platinumlist.net for an Event accepts the following terms and conditions with Platinumlist.net.

Definitions:

“Platinumlist” shall refer to PLP Events, whose office is at Unit 413, Level 4, Building 4, Emaar Business Park, Sheikh Zayed Road, Dubai, UAE PO Box 500121.

“Website” shall refer to the online sales portal including all webpages, subdomains and subparts therein contained provided by Platinumlist whether accessed via personal computer, laptop, tablet, mobile phone or any other device capable of accessing the information available now or created in the future.

“Customer” shall refer to any individual or organisation that uses The Website to purchase or attempt to purchase any goods or services, including but not limited to tickets, delegate passes, vouchers or any similar products or services.

“Promoter” shall refer to any individual, partnership or organisation whether privately or publically owned that is responsible for the organisation, promotion and delivery of any event, service, or offering of any kind offered for sale or free of charge to the Customer via the Website.

“Event” shall refer to any event, of any nature, including but not limited to entertainment, education, business, sports, family, religious or other types of events where the Promoter wishes to promote, advertise and sell tickets, passes, vouchers or any similar service to Customers using the Website as a facilitating service for promotion of the event.

“Ticket” shall refer to any form of paid or complimentary entrance voucher or method of measuring and controlling entrance whether a physical printed ticket, voucher, pass, wristband or similar, or an electronic form of ticket such as a unique bar code, QR code, reference number which identifies the holder as having purchased or been given permission to access a specific Event.

“Services” shall refer to the services provided by Platinumlist to the Promoter in respect of the Event, and may include, but shall not be limited to such services as advertising and promoting the Event on the Website; providing an online website portal that enables Customers to purchase Tickets for the Promoter’s Event; delivery of the aforementioned Tickets to the Customer via either electronic or physical means as agreed between the Promoter and Platinumlist; collection of payment for any Tickets purchased by the Customer on behalf of the Promoter; registration of the Customer’s information; and any other services provided by Platinumlist to the Promoter as agreed by the parties in writing.

1. Terms of Service for Promoters using the Website (hereinafter referred to as “TOSP”)

1.1 Introduction and scope of Terms of Service

The following terms and conditions of service for Promoters ("TOSP") govern all use by you as a Promoter (as defined above) of (a) the Platinumlist.net websites and domains (including all webpages, subdomains and subparts therein contained, (b) any and all services available on or through the Website or otherwise provided by Platinumlist for the Promoter’s Event(s), and (c) all software; defined above collectively as the "Services". The Services are owned and operated by Platinumlist. The Services are offered subject to the Promoter’s acceptance of all of the terms and conditions contained herein, without modification, and all other operating rules, policies and procedures that may be published from time to time on the Website by Platinumlist. By using or accessing any part of the Services, the Promoter hereby agrees to all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Website by Platinumlist. If the Promoter does not agree to any such terms, conditions, rules, polices or procedures, the Promoter must immediately cease use of the Services offered through the Website. These terms and conditions of service for Promoters (“TOSP”) may only be modified on an event by event basis through (i) a written Ticketing Services Agreement or written Addendum to this TOSP signed by both an authorized signatory of the Promoter and an authorized officer of Platinumlist, or (ii) by Platinum List as provided in Section 1.2 below.

1.2 Modification.

Platinumlist reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this TOSP at any time. It is the Promoter’s responsibility to check this TOSP periodically for changes. The Promoter’s continued use of the Services following the posting of any changes to this TOSP constitutes acceptance of those changes. If any change to this TOSP is not acceptable to you as the Promoter, then your sole remedy as Promoter is to cease accessing, browsing and otherwise using the Services.

1.3 Language.

These terms and conditions of service are provided in the English Language. We may translate this TOSP, Privacy Policy, Information Usage Policy or any other operating rules, policies and procedures that may be published from time to time on the Website into other languages for the convenience of users. The English language version of each of these documents is the version that governs use of the Services and in the event of any conflict between the English language version and a translated version, the English language version will take precedence.

2. Promoter’s use of the Services

2.1 The Services.

Platinumlist hereby grants you a non-exclusive, non-transferable, non-sub-licensable right to access and use the Services solely for the purposes of creating an event page with respect to, and promoting, managing, tracking, and collecting fees for Tickets for an Event that you have registered on the Website, in each case (i) in compliance with this TOSP, and (ii) to the extent permitted under all applicable laws and regulations (foreign and domestic) relating to the Event. Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly: (i) modify, reproduce or otherwise create derivatives of any part of the Services or Website Content (as defined below); (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organisation of all or any part of the Services (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (iii) rent, lease, resell, distribute or use the Services for timesharing, service bureau, or commercial purposes (except for the limited commercial purpose of collecting Ticket fees through the Website as an Promoter in accordance with this TOSP); (iv) remove or alter any proprietary notices or labels on or in the Services or Website Content; or (v) engage in any activity that interferes with or disrupts the Services.

3. Your Obligations as a Promoter

To be a registered user of the Services as a Promoter you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Website registration form (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 Platinumlist has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Platinumlist reserves the right to suspend or terminate any or all of your accounts and refuse any and all of your current or future use of the Services (or any portion thereof).

4. Account, Password and Security

As part of the Website registration process, the Promoter will create a password and account. As the Promoter you are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account, including, without limitation, all actions by sub-users registered under your account. You agree to (a) immediately notify Platinumlist 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. Platinumlist cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account. In the event of any dispute between two or more parties as to account ownership, you agree that Platinumlist shall be the sole arbiter of such dispute in its sole discretion and that Platinumlist’s decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.

5. Content

5.1 Website Content.

You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content (collectively the “Content"), contained in or delivered via the Services or otherwise made available by Platinumlist in connection with the Services (collectively the “Website Content") is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. Platinumlist may own the Website Content or portions of the Website Content may be made available to Platinumlist through arrangements with third parties. Except as expressly authorized by Platinumlist in writing or in connection with your use of the intended functionality of the Services, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Website Content, or post any Website Content on any other website or in a networked computer environment for any purpose. Reproducing, copying or distributing any Website Content for any other purpose is strictly prohibited without the express prior written permission of Platinumlist. You shall use the Website Content only for purposes that are permitted by this TOSP and any applicable laws and regulations (foreign and domestic). Any rights not expressly granted herein are reserved.

5.2 Promoter Content.

The primary purpose of Platinumlist is to enable the introduction and connection between companies and organisations (Promoters) and Customers whether in a business-to-business or business-to consumer environment. Therefore, you acknowledge, consent and agree that any and all information submitted by you (initially and/or at any later time) may be stored on Platinumlist's database, and that certain information including without limitation your picture (if provided), name, company and position, may be publicly presented on the Website. You acknowledge and agree that if you contribute, provide or make available any Content to the Website (your “Event Information”), you hereby guarantee that your content does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, and complies with all applicable laws and regulations (foreign and domestic). In addition, any Event Information you provide must be accurate and truthful. Platinumlist reserves the right to remove any of your Event Information from the Website at any time if Platinumlist believes, in its sole discretion, that the Event Information does not comply with this TOSP. Furthermore you, as the Promoter, accept full liability for any damages, recompense or any other form of compensation payable to any user of the Website as a result of any inaccurate or misleading Event Information featured on the Website. In addition, you agree that Platinumlist may use your name, company name and logo (whether or not you have made it available through the Website) for the purpose of identifying you as an existing or past client of Platinumlist both on the Website and in marketing and promotional materials. If a person registers for/joins/attends your events via Platinumlist, you agree to grant Platinumlist full access and rights to use in perpetuity that person’s personal information includes First Name, Last Name, Company, Job Title, Email and Phone Number and all other added information they input when registering for your Event.

6. Conduct and Use of Website

6.1 Content Restrictions

You understand that you are liable for all Content, in whatever form, that you provide or otherwise make available to or through the Services, to all users of the Services. You agree not to use the Services to:

upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
harm minors in any way;
impersonate any person or entity, including, but not limited to any Platinumlist representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any person or entity;
upload, post, email, transmit or otherwise make available any Content related to the sale or provision of goods and services other than the sale or provision of tickets and registrations to events listed on the Site and other goods and services being sold or provided in conjunction with such events;
interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
stalk or otherwise harass any person or entity.

6.2 Remedial Rights.

You acknowledge that Platinumlist does not always pre-screen Content provided or made available by you or any third party in connection with the Services, but that Platinumlist and its designees shall have the right (but not the obligation) in their sole discretion to (i) monitor, alter, edit, or remove any of your Content, in whole or in part, and/or (ii) rescind and terminate your right to use the Services at any time (with or without notice) for any reason or no reason. You acknowledge and agree that Platinumlist may preserve your Content and may also disclose your Content for any reason, including without limitation 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 this TOSP; (c) respond to claims that any of your Content violates the rights of third parties; and/or (d) protect the rights, property, or personal safety of Platinumlist, its users and/or the public. You understand that the technical processing and transmission of the Services, including your Content, may involve (i) transmissions over various networks; and/or (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

7. Additional Services

Platinumlist may, upon request, and for such fees as Platinumlist may establish from time to time in its sole discretion, provide additional services to you beyond the functionality of the Site, including without limitation provisions of marketing services, leasing ticket scanning and other equipment, providing consultants and staff to assist you on the date of your Event, and providing dedicated account management services. All such additional services, whether provided prior to, during or following your Event, shall be deemed a part of the Services and subject to all the terms and conditions of this TOSP. Such additional services shall be set forth in a written Addendum Agreement to this TOSP, Platinumlist Equipment Lease Agreement, and/or other written agreement between you and an authorized officer of Platinumlist, and shall set forth the Service Fees and the other terms and conditions relating to such additional services. As a condition to the lease of any equipment, you shall enter into a separate Platinumlist Equipment Lease Agreement.

8. Service Modifications and/or Suspensions

Platinumlist reserves the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) for any reason or no reason with or without notice. Platinumlist will not be responsible to you for a refund, in whole or part, of Service Fees for any reason, except those fees related to refunds issued to Customers. You agree that Platinumlist shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

9. Termination

Platinumlist, in its sole discretion, may terminate your password, accounts (or any part thereof) and/or your right to use the Services, and remove and discard any and all of your Content within the Services, at any time for any reason or no reason, including, without limitation, for lack of use, failure to pay in a timely manner any fees or other monies due to Platinumlist, or if Platinumlist believes that you have violated or acted inconsistently with the letter or spirit of this TOSP. You agree that any termination of your right to use the Services may be effected without prior notice, and acknowledge and agree that Platinumlist may immediately deactivate or delete your account and all related Content and files related to your account and/or bar any further access to such files or the Services. Furthermore, you agree that Platinumlist shall not be liable to you or any third-party for any termination of your right to use or otherwise access the Services. All provisions of this TOSP that by their nature should survive termination of your right to use the Services shall survive including, without limitation, all liabilities on the part of you as the Promoter to Platinumlist, all limitations on liability of Platinumlist to you as the Promoter, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections and licenses.

10. Service for Promoters

10.1 Use of Personal information

All Promoters must act responsibly and lawfully in the handling of personal information obtained through Platinumlist and the Services

10.2 Creation and Publishing of Events

Events published on the Website, whether content is added by Platinumlist or content is created by Promoters using the service, are the responsibility of the Promoter of the Event. Platinumlist holds no responsibility or liability for the Content published on the Website or for the delivery of the Events published. This Service is a platform for selling Tickets for Events. Responsibilities for producing, delivering and paying for the Events rest solely with the Promoter. Furthermore the Promoter is solely responsible for paying any taxes, duties or other government-levied fees on ticket sales for Events organized by the Promoter.

10.3 Prohibition of events

Platinumlist reserves the right to prohibit a promoter from using the Service, changing a Promoter’s username and/or password or deleting a Promoter’s account or cancelling an Event without prior notice if a created Event, or action by a Promoter, is considered to qualify for any of the following. Platinumlist bears no liability or responsibility for any losses incurred by the Promoter as a result of the following actions:

Actions that violate the law or this Agreement
Inappropriate or unauthorized use of the Services by a Promoter
Events for the purpose of recruiting membership for a particular ideology or religion
Events that violate public order and morality, such as for the purposes of conducting sexual and obscene acts
Other instances otherwise deemed inappropriate by Platinumlist

10.4 Review of Events

Platinumlist, at its sole discretion, may review the content of all Events that are created by Promoters using the Service, according to the guidelines set forth in this Agreement. Events that are deemed to be in violation of the Agreement will be deleted from the Website.

10.5 Cancellation or Postponement of Events

Promoters must contact Platinumlist at the earliest opportunity, and in any event no later than within 24 hours of the decision to cancel or postpone the Event, if an Event organised by the Promoter and published on the Website is to be either cancelled or postponed.

The Promoter agrees to inform Platinumlist as soon as reasonably possible if the event is to be cancelled and in any event no later than within 24 hours of the decision to cancel or postpone the Event, if an Event organised by the Promoter and published on the Website is to be either cancelled or postponed.

Platinumlist has the right to reimburse all customers at its sole discretion in the event of cancellation, postponement or significant change to the Event. If the Event is cancelled, postponed or the content or venue of the Event changed significantly, the Promoter shall reimburse to Platinumlist in full all ticketing fees or advances already paid to the Promoter by Platinumlist within three (3) days of notification of the cancellation, postponement or a significant change to the Event.

In case of cancellation, postponement or a significant change to the Event resulting in the need to refund Tickets, the Promoter agrees to pay Platinumlist a sum equivalent to the original agreed sales commission on all refunded Tickets plus an administration fee of US$1500 or equivalent plus any applicable VAT or other government taxes. Furthermore the Promoter agrees to pay Platinumlist a Ticket refund processing fee of US$5.00 per refunded ticket, plus any applicable bank charges or credit card processing charges relating either to the original ticket purchase or to the refund.

Whist Platinumlist will try to resolve any issues with Customer complaints in order to avoid refunding where reasonably possible to do so, the following refund policy applies to all Ticket sales made by Platinumlist for Events irrespective of the Promoter’s own published or unpublished refunds policy. Platinumlist has the right to process refunds to Customers in full and collect the refund charges from the Promoter in any of the following circumstances:

- The Event is cancelled due to any reason

- The Artist(s) fails to perform for any reason

- The Artist(s) does not perform for the agreed duration

- The Artist(s) performs on a different date or time

- The Promoter provides wrong or misleading information to Customers

- The Event is postponed

- The venue for the Event is changed

- The Customer complains that he/she is not satisfied with the event for any reason

- The Promoter provides insufficient information about the event

- There are security issues at the event potentially placing the Customer or any of their party at risk

- There is no disabled access to the Event, or to the specific area of the Event for which the Customer has purchased their ticket for

- There is poor or obstructed view from the seat/location given to the Customer unless this is specifically and clearly detailed to the Customer in writing, prior to purchase of the seat/ticket.

- There is a problem with the specific seat allocated to the customer

- There is a lack of air conditioning or heating as appropriate within the venue

- There is a significant change to the Artist line up, for example a major act from the Event is not appearing at the event.

- There is a change of entry policy

- There are delays in event entry

- There are difficulties with transportation access to the event

- There are errors in seat numbering

In the case where Platinumlist is required to refund Tickets and Platinumlist has already settled the funds to the Promoter, the Promoter agrees to reimburse Platinumlist with all Ticket fees paid to the Promoter within 3 days after being notified of the same by Platinumlist.

In case of event cancellation where refunds have to be made, the Promoter will still be liable to pay staff costs that Platinumlist has employed to facilitate access control.

In the case where a customer disputes a credit card charge made in respect of a Ticket purchase, and despite best endeavors to validate the charge, the bank nonetheless reimburses the cardholder, the Ticket shall then be considered unsold. If the reimbursement happens after the event has been settled, the Promoter, agrees to pay the full amount back to Platinumlist within 30 days.

In the event of any irrecoverable loss due to the fraudulent use of credit cards or un-honoured cheques, the Ticket will be considered unsold. If the event has passed and Platinumlist has already settled with the Promoter, the Promoter agrees to repay the value of any fraudulent card payments or un-honoured cheques to Platinumlist within 30 days. If the Event has not yet been settled such costs will be deducted from the settlement due to the Promoter.

If Platinumlist becomes aware of a fraudulent transaction, or suspects a transaction may be fraudulent, Platinumlist has the right to cancel the transaction immediately without notice to the Promoter.

Platinumlist has the right to charge service fees.

Ticket Policy

The Promoter is to provide the refund policy and entry policy for customers which is to be attached in the Appendix of the Event Contract. If no refund policy is provided by the Promoter upon signing of the Event Contract then Platinumlist standard event refunds and entry policies will apply. If the Promoter provides the refund policy after the ticket sales have started, Platinumlist’s standard refund policy will apply to all Tickets purchased prior to the Promoter providing the refunds and entry policies.

Platinumlist’s Standard Customer Purchase / Refund Policy.

Tickets cannot be refunded (other than in the circumstances detailed specifically below), exchanged or transferred.

It is the responsibility of the Customer to be of the correct age required to enter the event. It is the Customer’s responsibility to abide by the entry rules to the venue and the Event, including but not limited to any dress code regulations set by the Promoter or the venue. If the customer is declined entry by the Promoter, the venue, the venue security staff, the police or any other competent person acting on behalf of the Promoter, the venue, police, fire brigade, ambulance or civil defense services for any reason Platinumlist is not liable to refund the Tickets. It is the responsibility of the customer to attend the event at the correct time and on the correct date. Platinumlist will not issue refunds for unused Tickets due to the Customer failing to attend the Event for any reason whatsoever. Platinumlist accepts no responsibility for any personal property lost or stolen, or injury incurred at the Event. Access with video cameras or professional cameras is not allowed. Customers should also check with the venue and/or Promoter in advance to determine if any other items are banned from the venue, such as, but not limited to portable chairs, tripods, selfie sticks, food, drink, etc. Platinumlist will not be held responsible for loss of any banned items confiscated on entry. Platinumlist will not be responsible for any lost or damaged Tickets.

Tickets issued to Customers are not permitted to be resold. Anyone buying resold tickets will not be admitted to the event. Exchanging of seats / tickets or categories is not permitted. One person is admitted per one Ticket (unless otherwise stated). The Ticket is valid only for the specified show and cannot be reused across multiple events, or for different performances.

The Promoter and the venue reserve the right to refuse admission at any time without giving cause or reason. No re-entry is allowed to the venue. All Ticket holders must have a valid photo identification document such as a national ID card, passport, or driver’s license along with the credit card used to purchase the ticket if purchased online. The Promoter reserves the right to refuse entry to any Customer who fails to present the above required documents upon request at entry. In such cases where the Customer has purchased more than one Ticket, then all members of the party entering with the paying Customer should enter the venue at the same time.

Customers are eligible to apply for a refund in writing to Platinumlist within 30 days after the Event or, in the case of cancelled or postponed Events, within 30 days of the date of the announcement that the Event is postponed or cancelled, in following circumstances only:

If the Event is cancelled for any reason
If the main Artist cancels
If the main Artist fails to perform or is incapable of performing
If the main Artist does not perform the agreed duration
If the main Artist moves the performance to a different date or significantly different time.
If the Event is postponed for any reason
If the venue of the event is changed to a location significantly different to the original venue location

Platinumlist will consider applications for refunds based only on the above circumstances detailed in points i-vii but may request specific documentation in support of any such requests. Minor changes in performance times or performance durations will not be considered justifiable reasons to issue a refund. Changes to supporting artists will not be considered a justifiable reason to issue a refund.

10.6 Equipment Hire and Staff Hire

In order to check in attendees to an Event at the venue, the Promoter may, at its discretion, scan Tickets issued by Platinumlist using the Platinumlist access control app. Platinumlist can provide the Promoter with barcode scanning devices and support staff to assist the Promoter if requested to do so by the Promoter. Any provision of such staff or scanning devices will be subject to a separate agreement between the Promoter and Platinumlist.

10.7 Payouts to Promoters

After Platinumlist has confirmed that the Event has been held, Platinumlist will pay the total sales to the Promoter after subtracting any applicable Service fees from the Ticket sales and any other applicable charges as agreed between the Promoter and Platinumlist such as staff costs, equipment hire costs, advance payments, government fees, taxes or any other applicable amounts subject always to both parties agreeing sales figures. Payment will only be made to the Promoter by Platinumlist once all monies have been received by Platinumlist from all sales sources, including but not limited to any third party retail outlets and any third party websites and affiliates. Platinumlist will only pay the Promoter, once sales figures having been ratified by any governmental body, such as the Department of Tourism and Commerce Marketing in the case of Events in the Emirate of Dubai, required to do so. Payment will be made by bank transfer into a bank account specified by the Promoter. Fees incurred by Platinumlist in the payment process, such as bank charges or currency conversion charges, will be the paid for by the Promoter. If the Promoter fails to send bank account information for payouts to Platinumlist, payouts will not occur until the required information is submitted to Platinumlist. Platinumlist will make all reasonable endeavors to pay the Promoter within 10 working days after the Event or after the above conditions relating to receipt of payments from third parties or ratification of sales by government bodies has been made, whichever date is the latest.

11. Links to other websites

The Website and Services provided may include, or third parties may provide, links to other Internet websites or resources. Platinumlist has no control over such third party websites and resources, and the Promoter acknowledges and agrees that Platinumlist is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such websites or resources. The Promoter further acknowledges and agrees that Platinumlist shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on any such Content, advertising, products, services or other materials available on or through any such third party website or resource.

12. Disclaimer of Warranties

The Services are provided on an “as is” and “as available” basis. Platinumlist hereby expressly disclaims all warranties of any kind, express or implied, including but not limited to, implied warranties of merchantability, title, non-infringement and fitness for a particular purpose. Platinumlist makes no warranty that:

(i) The services will meet the requirements of the Promoter, the Customer or any other third party;

(ii) The Services will be uninterrupted, timely, secure or error-free;

(iii) The results that may be obtained from the use of the Services will be accurate or reliable;

(iv) The Services themselves (or any part thereof) will meet the expectations of the Promoter, the Customer or any third party;

(v) Any errors in the Services will be corrected.

Platinumlist is not responsible and shall have no liability for the content, products, services, actions or inactions of any user, participants or other third party, organizer or Promoter before, during and after the Event; and Platinumlist will have no liability with respect to any warranty disclaimed in any of paragraphs 12(i) to 12(v) mentioned above.

The Promoter hereby acknowledges that Platinumlist has no control over and does not guarantee the quality, safety and/or legality of Events advertised through the Website or any supporting marketing carried out by Platinumlist in respect to the Event. Furthermore, the Promoter hereby acknowledges that Platinumlist has no control over and does not guarantee, the truth or accuracy of any user Content (including content provided by the Promoter, or any third party) or the ability of any user (including the Promoter, Customers or any third party) to perform or actually complete a transaction using the Website.

In addition, Platinumlist is not affiliated with, and has no agency or employment relationship with any third party service provider used in conjunction with the Services and Platinumlist has no responsibility for, and hereby disclaims all liability arising from the acts or omissions of any such third party service provider. The foregoing disclaimers shall not apply to the extent prohibited by applicable law. Notwithstanding the foregoing, the Promoter may report the misconduct of users, participants, Customers, other non-organisers, organisers and/or third parties in connection with the Website or any Services to Platinumlist. Platinumlist, at its sole discretion, may investigate the claim and take necessary action.

13. Limitation of Liability

Platinumlist shall not be liable under any circumstances or under any legal theory, whether in tort, contract, or otherwise, with respect to the Services, or any other subject matter of this TOSP, for:

(i) any indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Platinumlist has been advised of the possibility of such damages);

(ii) the cost of procurement of substitute services;

(iii) amounts in excess of US$100.00 in the aggregate for all claims from a given Promoter with respect to the services, or

(iv) any matters beyond Platinumlist’s reasonable control. Platinumlist shall have no liability with respect to any Content provided by the Promoter or any content of any other user of the Services.

The foregoing limitations shall not apply to the extent prohibited by applicable law.

14. Privacy and Information Usage Policies

All information provided by the Promoter or collected by Platinumlist in connection with the Services is governed by Platinumlist’s Privacy Policy and Information Usage Policy, which are both hereby incorporated by reference into this TOSP. Platinumlist strongly recommends that the Promoter reviews both the Privacy Policy and Information Usage Policy closely. In particular, the Promoter should note that Platinumlist may use information it receives or collects regarding Customers in accordance with the terms of its Privacy Policy, which may include use for marketing or promotion of other events or services that may be of interest to such Customers. Further, any information submitted or provided by the Promoter in respect of the Services may be publicly accessible. Promoter’s should take care to protect private information or information that is important to the Promoter. Platinumlist shall not be responsible for protecting any such information and is not liable for the protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use. Please be aware that if you decide to disclose personally identifiable information via use of the Services, this information may become public. Platinumlist does not control and shall not be responsible for the acts of the Promoter or any other users (whether Customers, organizers, participants, other non-organizers or other third parties) of the Services.

15. Trademark Information

The trademarks, service marks, and logos of Platinumlist (the "Platinumlist Trademarks") used and displayed in connection with the Services are registered and unregistered trademarks or service marks of Platinumlist. Other company, product, and service names used in connection with the Services may be trademarks or service marks owned by third parties (the "Third Party Trademarks"), and, collectively with Platinumlist Trademarks, (the "Trademarks"). The offering of the Services shall not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Services without the prior written consent of Platinumlist specific for each such use. The Trademarks may not be used to disparage Platinumlist, any third party or Platinumlist’s or third party's products or services, or in any manner, in Platinumlist’s sole judgment, that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless specifically agreed by Platinumlist in writing.

16. General Terms and Conditions

The failure on the part of either of the parties to exercise or enforce any right conferred upon it by this agreement shall not be deemed to be a waiver of any such right or operate so as to bar the exercise or enforcement of any such right at any time or times thereafter.
This agreement constitutes the entire understanding and agreement of the parties relating to the subject matter of this agreement and supersedes, cancels and replaces all prior agreements between the parties which relate to the same subject matter whether written, oral, express or implied, or which would be inferred from the correspondence, oral statements or conduct of the parties, and all such agreements shall be deemed to have terminated by mutual consent with effect from the effective date.
No amendments or variation to this agreement shall be effective unless made in writing and signed by each party or its/his duly authorized representative.
If any dispute arises out of this agreement, a representative of each party shall attempt to settle any such dispute by negotiation.
If the parties are unable to settle any dispute arising out of this agreement within twenty one (21) days of such notification of a dispute to the authorized signatories of each party who have executed this agreement, such dispute, arising out of or in connection with this agreement, including a dispute as to the validity or existence of this agreement, shall be resolved by arbitration pursuant to the rules of the Dubai International Arbitration Centre (“DIAC”) for the time being in force incorporating any amendments or modifications thereto published on or before the date of this agreement (the Rules), which rules are deemed to be incorporated by reference into this Clause.
This agreement, save as expressly referred to therein, shall be governed by and construed in accordance with the laws of the United Arab Emirates and the laws of the Emirate of Dubai.
In the event of force majeure where Platinumlist is not able to deliver service as per this contract it will not be held liable for any losses or costs involved as a result of such circumstances.
Platinumlist will not be held liable for any losses or claims arising from customers and parties attending the event mentioned in this contract.
The Platinumlist name and logo are the intellectual property of Platinumlist and may only be used by the Promoter with the express written permission of Platinumlist.

Data ownership

Any customer data collected during the sale of tickets will belong to Platinumlist and may be used in any way consistent with Platinumlist’s Privacy and Information Usage Polices.

DTCM Permit and Payment of DTCM Fees

In the geographical area of the Emirate of Dubai, UAE the Promoter agrees to ensure it has the correct government permissions to enable Platinumlist to sell tickets as required by law via the Department of Tourism and Commerce Marketing (“DTCM”) system with relevant DTCM barcodes. Such permission needs to be obtained by the Promoter directly from DTCM, and paid for by the Promoter. Furthermore, the Promoter agrees to pay any and all DTCM Fees in respect of ticket sales for the Event to the DTCM. Platinumlist may, in its role as the ticket seller for the Event collect and pay DTCM Fees on behalf of the Promoter, but the liability for payment of DTCM fees shall always be with the Promoter.

DTCM Fines

In the event that Platinumlist incurs any fine issued by the DTCM related to the Event in respect of ticket sales, the value of such fines shall either be deducted from the Promoter’s sales prior to settlement by Platinumlist or shall be reimbursed in full to Platinumlist by the Promoter within 5 working days of payment of the fine if Platinumlist has already settled payment of sales to the Promoter prior to the fine being paid.

Preprinted Tickets requested by the Promoter

The Promoter may request preprinted Tickets (tickets printed in advance of doors opening at the event) provided that corresponding printing fee and all DTCM fees are paid in advance in full to Platinumlist by the Promoter prior to tickets being issued. In the event the Promoter does not pay the printing fees and or DTCM fees in full in advance of printing of Tickets, the Promoter hereby agree that Platinumlist may retain the value of the printing fees and DTCM fees from settlement with the Promoter, or, in the case where settlement has already been made or there are insufficient funds available to Platinumlist from sales to cover printing fees and/or DTCM Fees, the Promoter agrees to pay any shortfall in monies owed to Platinumlist within 5 working days of the Event taking place, or in the case of cancellation or postponement of the Event, within 5 working days of the date the Event was cancelled or postponed.
Any unused or unsold preprinted tickets must be surrendered back to Platinumlist no later than 5 days after the Event if the Promoter wishes to receive a refund of the DTCM Fees. Late return of unused preprinted Tickets may mean that Platinumlist is unable to reverse and refund the Tickets on the DTCM system due to time restraints enforced by the DTCM regarding settlement of DTCM Fees. Tickets must be in an unused, mint condition. Any soiled, torn, marked or otherwise damaged Tickets cannot be refunded. The Promoter warrants and hereby agrees that it will request the DTCM, in writing by email, to open the event to refund any unused Tickets within 5 days of the date of the Event, or date of postponement or cancellation of the Event in case of cancellation or postponement of the Event. Platinumlist reserves the right to charge the Promoter an administration fee for performing refunds in addition to the printing fee charged for the preprinting of the refunded Tickets. Irrespective of whether or not Platinumlist charges the administration fee for refunding pre-printed tickets, no refund of the original printing fee will be made to the Promoter by Platinumlist.

17.Non-disclosure and Confidentiality Agreement

It is understood and agreed that the Promoter and Platinumlist may in the course of the Promoter using the Services provide the other party with certain information that may be considered confidential. To ensure the protection of such information the parties agree as follows:

The confidential information to be disclosed under this Agreement (“Confidential Information”) can be described as and includes:

Technical and business information relating to proprietary ideas, patentable ideas and/or trade secrets, existing and/or contemplated products and services, research and development, production, costs, profit and margin information, finances and financial projections, customers, client lists, user database online, database of clients, marketing, and current or future business plans and models, regardless of whether such information is designated as “Confidential Information” at the time of its disclosure. Any database that belongs to Platinumlist including SMS , Emails , usernames , credit card information , user personal details, photos, IP addresses, Facebook account details or any other information that Platinumlist stored on its servers or in its third party service providers such as mailchimp.com, Facebook adverts, Google Adwords or any others .

In addition to the above, Confidential Information shall also include, and the parties shall have a duty to protect, other confidential and/or sensitive information which is (a) disclosed as such in writing and marked as confidential (or with other similar designation) at the time of disclosure; and/or (b) disclosed by in any other manner and identified as confidential at the time of disclosure and is also summarized and designated as confidential in a written memorandum delivered within thirty (30) days of the disclosure.

The Promoter and Platinumlist shall use the Confidential Information only for the purpose of benefiting the other party, or as instructed in writing, signed and stamped by company director.
The parties shall limit disclosure of Confidential Information within its own organization to those directly needing the information to perform the Services and shall not disclose Confidential Information to any third party (whether an individual, corporation, or other entity) without prior written authorization by the Promoter or by the Managing Director of Platinumlist as applicable. The parties shall satisfy its obligations under this paragraph if it takes affirmative measures to ensure compliance with these confidentiality obligations by its employees, agents, consultants and others who are permitted access to or use of the Confidential Information.
This Agreement shall not be construed as creating, conveying, transferring, granting or conferring upon either party any rights, license or authority in or to the information exchanged, except the limited right to use Confidential Information specified in paragraph 16(ii) above. Furthermore and specifically, no license or conveyance of any intellectual property rights is granted or implied by this Agreement.
If there is a breach or threatened breach of any provision of this Agreement, Platinumlist shall be entitled to pursue any other legally permissible remedy available as a result of such breach, including but not limited to damages, both direct and consequential. In any action brought by Platinumlist under this Section, Platinumlist shall be entitled to recover its attorney’s fees and all the costs pertaining to breach.
This Agreement states the entire agreement between the parties concerning the disclosure of Confidential Information and supersedes any prior agreements, understandings, or representations with respect there to. Any addition or modification to this Agreement must be made in writing and signed by authorized representatives of both parties. This Agreement is made under and shall be construed according to the laws of Dubai United Arab Emirates. In the event that this agreement is breached, any and all disputes must be settled in a court of competent jurisdiction in Dubai Court, United Arab Emirates or in Dubai Arbitration courts.
The duration of the Agreement in respect of disclosure of confidential materials is 10 years unless mutually agreed in writing by both parties.

Geri