Merchant Agreement
1. Who We Are
2. Acceptance of Merchant Agreement
3. Registration & account security
4. Process of Acceptance and payments
6. Remedies
7. Prohibited Merchants; Prohibited Events; Prohibited Transactions
8. Permitted Uses of the Website
10. Disclaimer
12. Indemnity
13. Trademarks
14. Privacy Policy
15. Contact information for customer service
1. Who we are
The owner of the Website www.feverup.com as well as the application (or “app”) is FEVER LABS, INC. (hereinafter, FEVER), TIN:99-0368536, registered at 2140 S Dupont Highway, Camden, Delaware 19934, United States.
Fever is a web and mobile app that drives users to consume offline entertainment by providing curated events based on its proprietary analytics of consumer data. Fever is able to drive traffic, generate demand and provide an avenue for spontaneous discovery or other marketing services for event organizers.
Through your Fever secure portal account, you (hereinafter “you”, “the client”, “the Event Organizer” or “the user”) will be able to create and modify your own event listings, record details of cash and view ticket sales reports. Anytime there are modifications, these will have to be pre-approved by Fever before coming into effect.
2. Acceptance of Merchant Agreement
The following terms set forth the terms and conditions upon which you may use our Services to create, promote and/or collect sales proceeds from the sale of tickets, registrations, or other items (e.g., merchandise; travel; lodging) related to an event, and specifically applies to those who use the Services for such purposes. Except where specifically stated (e.g.: terms that apply to those Event Organizers in the case where they register an event through our 0% Commission Link) the terms included herein will apply to all Event Organizers that use any of Fever’s Services or enter into any type of Ticket Services or Partnership Agreement with Fever.
Fever provides the technical infrastructure to enable online sales by Event Organizers. If you continue to browse and use this Website, you are agreeing to comply with and be bound by the following terms and conditions of use, which our incorporated into our Terms of Service and govern Fever's relationship with you in relation to this Website and to any of the platforms and services related to it and managed by Fever. If you disagree with any part of these terms and conditions, please do not use our Website or any of the Fever Services, participate in any activity, purchase or sell any ticket, product or purchase any other service offered through the Website or any of the associated platforms.
We reserve the right at all times to discontinue or modify this Merchant Agreement or any part thereof in our sole discretion, with or without notice. If we make changes that affect your use of the Website or our services we will post notice of the change on the Terms of Services page. Any changes to these Terms will be effective upon our posting of the notice; provided that these changes will not apply to i) events created or ii) Tickets sold prior to the effective date of such changes. You may close your account and you should not use the Website or any of the services offered through the Website after the effective date of the changes in the event that you do not agree to such changes. You agree that posting notice of any such changes on the Terms of Service page is adequate notice to advise you of these changes, and that your continued use of the Website or any of the associated services or platforms will constitute acceptance of these changes and the Terms of Use as modified.
This Merchant Agreement and the rights and obligations contained herein are in addition to and are incorporated into the Terms of Service by reference. Nothing in this Merchant Agreement shall be deemed to modify, waive, amend or rescind any other term of the Terms of Service.
3. Registration & account security
As part of entering into a Partnership or Ticketing Services Agreements or as part of the creation of an event or at any time following such creation, you may be required by Fever to provide additional information (beyond the information required to register for the Services) about yourself, the entity you represent (if any) and the principals/beneficial owners of the entity you represent (if any) (collectively, “Additional Registration Data”). As an example, the Additional Registration Data may include a current address, doing business as (DBA) names, description of products, website address, bank account or other payment account information, Tax Identification Numbers, date of birth, passport or driver’s license number, country of origin, copies of government identification documents and other personal information. This information may be used to verify your identity, the validity and/or legality of your transactions and/or whether you qualify to use the Services for paid events. You agree to: (a) provide this information in a timely, accurate and complete manner and (b) maintain and promptly update this information in a timely manner to ensure it remains accurate and complete at all times. If you provide any information that is untrue, inaccurate, not current or incomplete, or Fever has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Fever has the right to suspend or terminate all of your accounts and refuse any and all of your current or future use of Fever.
During the Fever registration process, a unique account and password will be created. It is the responsibility of the Event Organizer and its Users to maintain 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. The Event Organizer must immediately notify Fever of any unauthorised use of your password or account or any breach of security. Fever 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 unauthorised access to or use of your account.
4. Event Registration Process; Payments
4.1. Overview
For the avoidance of doubt, Fever does not and will not provide banking, deposit taking, stored value, insurance or any other financial services to an Event Organizer other than serving as a limited payment collection agent as set forth below. To provide the EPP Service, Fever utilizes third party gateways, payment processors, merchant acquirers and/or merchant acquiring banks with which we have relationships (collectively, “Payment Processing Partners”) and both Event Organizers and Fever are subject to the rules and regulations of such Payment Processing Partners.
4.2. Event Registration; Further onboarding on Fever Applications
As part of the Services offered by Fever, an Event Organizer can create its own event at no cost. For this matter, the Organizer will have to share some required information regarding the Organizer and the event by filling in an online questionnaire, “Create your event in Fever”. The Organizer will have to proceed to complete all of the required fields in the questionnaire in order for its event to be eligible for evaluation by Fever.
Once the Event Organizer has submitted the form “Create your event in Fever”, Fever will proceed to carry out the validation process, replying within 48 hours after the submission of such form.
The validation process by Fever may result in two different responses:
A- Valid / Accepted: Fever will share a link with the Event Organizer (the “0% Commission Link”) through which the Organizer of the event will be able to publish and promote the event through his owns means. All sales achieved through the 0% Commission Link will entail no Commission.
Fever reserves the right to its sole discretion to decide if an event is compliant with Fever standards of quality and relevance in order to be onboarded to and promoted in the Applications or any other Fever platform. In the case that Fever decides to promote the event through the Fever app, web or media network; Fever will charge a 30% commission to the Event Organizer, calculated over the total amount of the sales achieved through Fever’s platforms (this 30% Commission, along with any other commission, discount, fee, or similar, agreed between Fever and the Event Organizer, either in writing or within the framework of a signed Ticket Services Agreement or Partnership Agreement, will constitute, altogether, “the Commission”).
B- Rejected: Fever will contact the Event Organizer to inform him/her that the event has been rejected. In this case neither the Event Organizer will receive the 0% Commission Link, nor the event will be promoted by Fever through its platforms.
4.3. Payments; Processing of Fever Commission
a) Sales made through events promoted on a 0% Commission Link
All sales achieved through the 0% Commission Link will entail no Commission. Fever will have to deposit the Event Organizer a sum equivalent to the face value of all the sales made through such means (these, as well as the face value of the sales generated through events promoted on any of the Fever Applications, will be considered, altogether, as “Registration Fees”), net of (i) our right of setoff against any debts or other amounts owed to us under this Merchant Agreement; (ii) any other deductions authorized pursuant to this Merchant Agreement (including but not limited to any refunds to be made to customers as a result of cancellation and net of any chargebacks as set below) ; and (iii) any reserves established as set forth in Section 5.1.(b). Such payment will be made within 15 days after the finalization of the event in an account specified by the user and by the means chosen by Fever.
b) Sales made through events promoted on any of the Fever Applications
After the finalization of the event, Fever will proceed to pay the Organizer an amount equivalent to the face value of the sales made through the Fever platforms net of (i) the value of the Commission charged (ii) our right of setoff against any debts or other amounts owed to us under this Merchant Agreement; (iii) any other deductions authorized pursuant to this Merchant Agreement (including but not limited to any refunds to be made to customers as a result of cancellation and net of any chargebacks as set below) ; and (iv) any reserves established as set forth in Section 5.1.(b). Such payment will be made within 15 days after the finalization of the event in an account specified by the user and by the means chosen by Fever.
Event Organizers do not need their own payment gateway to utilize the Fever payment processing option. All money shall be paid into the bank account specified in your payment details. It is not the responsibility of Fever to verify bank details but is the responsibility of the Event Organizer to ensure that accurate bank details are provided. Fever will not accept any responsibility if incorrect bank details have been provided by the Event Organizer or their account Users and monies owed are paid into the wrong bank account.
You agree that we may, from time to time, in our sole discretion, without notice to you, setoff against your reserve, setoff against any Event Registration Fees you receive, or both, based upon the level of refunds, disputed charges, chargebacks, customer complaints, allegations of fraud, changes in your credit profile or the underlying event(s)’
risk profile, fraudulent conduct by you or anyone acting on your behalf, or breaches of the Terms of Service, including this Merchant Agreement. We may exercise such setoff rights before we make any payout to you. We are not liable to you for any claims resulting from our decision to exercise our setoff rights. We may also exercise any of our rights and remedies under Section 6 of this Agreement regarding recovery of such amounts due and payable to us from you.
4.4. Appointment as Agent
Event Organizer hereby appoints Fever as Organizer's limited payment collection agent solely for the purpose of collecting payments made by Customers for such events through our Payment Processing Partners. Organizer agrees that a payment made by a Customer to Fever shall be considered the same as a payment made by a Customer directly to the Event Organizer and the Event Organizer will sell or provide all advertised goods and services to the Attendee as if the Event Organizer had directly received the Event Registration Fees from such Attendee, regardless of whether the Event Registration Fees have yet to be received from Fever. The Event Organizer agrees that in its role as limited agent, Fever is authorized to (i) enable Customers to transfer or upgrade a ticket and/or registration (if such transfers are permitted by the Event Organizer during the event registration process); (ii) hold, disburse and retain proceeds on the Event Organizer’s behalf pursuant to this Merchant Agreement; (iii) issue refunds to Customers as set forth in Section 5 below; and (iv) manage credit card chargebacks as set forth in subsection 4.5 below. In accepting appointment as the limited agent of the Event Organizer, Fever assumes no liability for any acts or omissions of the Event Organizer and Event Organizer understands that Fever’s obligation to pay the client is subject to and conditional upon receipt of the associated Event Registration Fees from Customers. The client further authorizes Fever to delegate its obligations under this Merchant Agreement to certain of its affiliated entities both within and outside the United States, provided, that Fever will remain liable for the discharge of its obligations under this Merchant Agreement by such affiliated entities.
4.5. Chargebacks
A chargeback occurs when a customer disputes a charge on their credit/debit card with our merchant services provider. When a chargeback occurs the merchant services provider will investigate as to whether the charge is to stand or be refunded to the customer.
Any credit card chargebacks or other transaction reversals initiated against Fever or its affiliates for any reason (except to the extent they are caused solely by Fever’s negligence or willful misconduct) with respect to an Organizer’s event and all related credit card association, payment processing, re-presentment, penalty and other fees and expenses incurred by Fever or its affiliates in connection with such chargebacks shall ultimately be the responsibility of the Event Organizer, and Event Organizer agrees to promptly and fully reimburse Fever for such amounts on demand. If such chargeback happens before the transfer of the funds to the Event Organizer, Fever will deduct such amount (including the penalty incurred) from the total amount due by Fever to the partner.
As part of Fever’s limited payment collection agency, Fever will use commercially reasonable efforts to manage the re-presentment of such chargebacks and reversals on behalf of Event Organizer and Event Organizer hereby authorizes Fever to do so and agrees to use reasonable efforts to cooperate with Fever in such re-presentment. However, Fever shall have no obligation to represent any chargeback that it believes in its discretion it is more likely than not to lose or that relates to a transaction that should be refunded in accordance with our refund policy set within this Merchant Agreement. Both parties agree that Fever’s loss of any chargeback that has been re-presented by Fever shall not in any way limit Event Organizer’s obligation to reimburse Fever and its affiliates under this paragraph.
Any tickets that are subject to a successful chargeback dispute will be cancelled.
In case the chargeback is processed after the finalisation of the event or after having transferred the funds to the Event Organizer, and such chargeback results on a refund to the customer, Fever will still have the right to seek reimbursement for the chargeback amount and the penalty incurred. In such cases, Fever will deduct these amounts from any future amount due by Fever to the Event Organizer. In the case no further events are organised by the Event Organizer, Fever will have the right to seek reimbursement during a period of two (2) months since the finalisation of the event.
FAILURE BY THE EVENT ORGANIZER TO PAY THE CHARGEBACK AND ASSOCIATED PENALTIES WITHIN FIFTEEN (15) DAYS AFTER RECEIVING WRITTEN NOTICE FROM FEVER WILL RESULT IN THE BEARING OF INTERESTS AND OTHER ASSOCIATED COSTS SUBJECT TO THE PROVISIONS OF SECTION 6.1 AND 6.2 AND, ULTIMATELY, IN THE ACCOUNT BEING SUSPENDED.
4.6. VAT Liability
Event Organizer's remain solely responsible for the accounting and payment of VAT (or equivalent local, regional or national taxes) collected through the sale of tickets to HM Revenue and Customs (or equivalent tax authority). Fever is only liable for the VAT component of the booking fee.
5. Exchanges, cancellations and refunds
5.1. Refunds and cancellations
a) Cancellations
No payments shall be made to the Event Organizer with respect to any event that is cancelled or with respect to which Fever believes there is a risk of cancellation or nonperformance, unless Fever receives adequate security (as determined by Fever in its discretion) for the client’s obligations under this Merchant Agreement. In addition, no Event Registration Fees for a given event shall be earned until that event is successfully completed. If payments have already been made to an Event Organizer for a cancelled
event, the client will immediately refund to a payment address designated by Fever all such payments upon cancellation of such event for the purpose of effecting refunds if refunds are being made. You are responsible for complying with the requirements of Fever’s Refund Policy Requirements incorporated herein. If you do not remit funds to Fever that are sufficient to cover refunds due to Customers for an event cancellation or nonperformance, including, but not limited to, any mandatory refunds under Section 5.1.(d) below, then you acknowledge and agree that the unremitted amount will become due and payable to us under this Merchant Agreement, and subject to a setoff right until you have satisfied the amount in full. Such unremitted amounts are also subject to the provisions of Sections 5.1(b) and 6 of this Merchant Agreement.
b) Reserves and Fever’s Right of Setoff
Fever reserves the right to retain a certain percentage of the Registration Fees (with such percentage being determined by Fever in its discretion) to fund a reserve (i) at any time as we determine in our discretion to be necessary based upon the level (or expected level) of refunds, disputed charges, chargebacks, customer complaints, allegations of fraud or changes in Event Organizer’s credit profile or the underlying event(s)’ risk profile; and (ii) as otherwise necessary to secure the performance of your obligations under the Terms of Use and Conditions, including this Merchant Agreement, or to protect Fever against fraudulent or erroneous activity. Fever’s right to hold a reserve shall continue following the applicable event(s) and until either (A) the Event Organizer has discharged all obligations under the Terms of Service and the applicable periods for refunds, disputed charges, chargebacks, and complaints have passed; or (B) Fever determines it no longer has risk or exposure that would otherwise be mitigated by the reserve. Further, the reserve is subject to the right of setoff as set forth in Section 4. In the event that the exercise of our setoff right does not fully cover the amount of funds due and owing from you to us under these Terms of Service, including this Merchant Agreement, then such amount of funds shall be deemed due and owing to us until you have satisfied the amount in full.
c) Refunds
The varying exchange and refund policies set forth by our Event Organizers prohibit Fever, by default, from issuing exchanges or refunds after a booking is placed. If a refund or exchange is requested by a Customer, such refund will be fully processed by Fever. In the case such refund is finally executed, the value of such refund will be deducted from the amount owed by Fever to the Event Organizer, as set forth is Section 4.
Refunds that you are responsible for due to the cancellation or non-performance of an event are subject to the following refund requirements:
(i) In the event of a full or partial event cancellation, Event Organizer agrees to remit funds due for refunds back to Fever so that refunds can be processed by Fever on the Event Organizer’s behalf;
(ii) Event Organizer agrees that, unless otherwise mutually agreed in writing (email acceptable) no refunds shall be made outside of any of the Fever’s platforms;
(iii) Event Organizer must remit funds to Fever that are sufficient to cover refunds due to Customers within five (5) days of the cancellation of the event;
(iv) Organizer agrees to notify Customers of the event cancellation as soon as reasonably possible and prior to the event start time;
(v) Organizer acknowledges that Fever reserves the right to charge the Event Organizer for the cost of chargebacks related to the cancelled event, and such amounts are also subject to the provisions of Sections 5.1(b) and 6.1. and 6.2. of this Merchant Agreement.
(vi) If the Event Organizer cancels only part of a multi-day event, then Organizer agrees to submit to Fever the necessary funds for a refund equal to the pro-rata monetary value portion of the purchase price of a multi-day ticket based on the corresponding monetary value of the portion of the multi-day event that was cancelled. For example, if Organizer sells a 3-day ticket to a festival for $150, and cancels 1 day of the festival, the Organizer must provide Fever enough funds for a $50 refund to Customers for the cancelled day.
(vii) If an event is cancelled by the Event Organizer within 24 hours before the event starts, this will lead to the payment by the collaborator of 30% of the face value of the tickets sold. This amount will be given to the users as a compensation of the event cancellation on such short notice.
(viii) Event Organizer will provide clear instructions and contact information to Customers regarding the Refund Policy included within this Merchant Agreement so that Customers can make refund requests in due time (e.g.: Event Organizer agrees to inform Customers that they should duly ask for a refund before the Monday following the Event’s stated or revised date as set forth in Sections 5.2 and 5.3 below).
Fever does not permit exchanges for tickets to other events.
d) Mandatory Refunds
Notwithstanding the foregoing, Event Organizer authorizes Fever to make refunds in the following situations (i) Organizer specifically authorizes the refunds at the time; (ii) the event description presented to a Customer at time of purchase is significantly different from the actual event; (iii) Customers are unable to attend the event due to failure of the Organizer to adequately plan for capacity, ingress or egress, or attendance will otherwise subject the Attendee to safety concerns; (iv) Fever believes in its discretion that specific orders should be refunded under certain applicable local, state, provincial, national or other law, rule or regulation; (v) Fever believes in its discretion that the refund request, if not granted, will lead to a chargeback that Fever is more likely than not to lose; (vi)
Organizer failed to list a refund policy on the applicable event page and Fever believes in its discretion that a refund would be reasonable under the circumstances; (vii) Fever believes in its discretion that specific orders are fraudulent (e.g., made with stolen credit cards or otherwise not bona fide transactions); or (viii) Fever believes in its discretion that the order is a duplicate. Organizer also authorizes Fever to make refunds of any and all orders (including those for unrelated events) if (A) Fever believes in its discretion that Organizer has engaged in any fraudulent activity or made any misrepresentations; (B) Fever believes in its discretion that there is substantial risk of non-performance by Organizer with respect to the applicable event or future events; (C) Fever believes in its discretion that it is likely to receive complaints, refund requests, transaction reversals and/or chargebacks with respect to a substantial amount of orders; or (D) Fever believes in its discretion that Organizer is a Prohibited Merchant, has used the Services to process Prohibited Transactions or to manage Prohibited Events or that failing to make the refunds would otherwise expose Fever to legal liability. Because all sales are ultimately made by Organizers, Organizer hereby agrees to promptly and fully reimburse Fever and its affiliates upon demand for refunds that Fever makes pursuant to this Merchant Agreement, other than to the extent that the necessity for such refunds is caused by Fever’s negligence or willful misconduct. Organizer acknowledges and agrees that chargebacks will result in losses to Fever in excess of the amount of the underlying transaction and that by refunding transactions in advance of a chargeback Fever is mitigating such losses and its damages with respect to Organizer’s breach of this Merchant Agreement. If you do not remit funds to Fever that are sufficient to cover mandatory refunds as described by Sections 4 and 5 for an event cancellation or nonperformance, then you acknowledge and agree that the amount of such funds shortfall will become due and owing from you to us under the Terms of Service, including this Merchant Agreement, until you have satisfied the amount in full and such amounts are also subject to the provisions of Sections 5.1(b) and 6 of this Merchant Agreement.
5.2. Event postponed or change of venue
If an event is moved from its advertised venue and / or the date is changed, tickets already purchased may remain valid should the Customer wish to attend the revised Event. If not, Fever will refund the purchase price of a Customer's tickets. Customers must contact Fever no later than the Monday following the event's revised date.
5.3. Significant Change to Event Line-up
Should the headline artist not appear or if the line up or content is substantially changed from that advertised at the time of purchase, then Fever will on request refund the purchase price of a Customer's tickets including (in the case of those tickets sold through any of Fever platforms) our fee our commission; whether that fee was originally presented as a separate item or was included within the stated face value of the ticket. Customers must contact us as soon as possible and no later than the Monday following the event's stated date.
5.4. Refunds requested after the Transfer of Funds
Customers are required to contact Fever no later than the Monday following the event to request refunds due to a postponed event, change of venue or significant change to event or line-up. Refunds can then be processed prior to the transfer of ticket income to the Event Organizer. Fever will not be able to process refunds after the Monday following the event unless the refund is due to an event cancellation that we have retained funds to cover all ticket refunds.
If Customers request refunds of their tickets after the Funds have been transferred to the Event Organizer, the ultimate responsibility for the refund will still lie with the Event Organizer. Fever will continue to be in charge of processing the refunds and all Refund policies and the right of setoff will still be applicable as set forth within Section 5 of this Merchant Agreement.
In any case, FAILURE BY THE EVENT ORGANIZER TO PAY THE REQUIRED FUNDS TO PROCESS THE REFUNDS WITHIN FIFTEEN (15) DAYS AFTER RECEIVING WRITTEN NOTICE FROM FEVER WILL RESULT IN THE BEARING OF INTERESTS AND OTHER ASSOCIATED COSTS SUBJECT TO THE PROVISIONS OF SECTION 6.1 AND 6.2 AND, ULTIMATELY, IN THE ACCOUNT BEING SUSPENDED.
6. Remedies
6.1. Non-Exclusive Remedies
In the event that Event Organizer fails to pay to Fever any amount owed pursuant to this Merchant Agreement when due and following a late payment notice being delivered by Fever, such amount shall bear interest calculated from the date due until paid in full at a rate equal to the lesser of (i) one percent (1%) per month, compounded monthly; and (ii) the maximum amount permitted by applicable local, state, provincial, national or other laws, rules or regulations. In the event any amounts are owed by Organizer to Fever under the Terms of Service (including without limitation this Merchant Agreement), Fever may, without limiting its other rights and remedies and to the extent permitted by applicable local, state, provincial, national or other laws, rules or regulations (A) withhold any amounts due to the Event Organizer, whether for a particular event or for any other event that Organizer lists through the Services and use the withheld amount to setoff the amount owed by Organizer to Fever; or (B) send an invoice to Organizer for such amounts to the extent Organizer’s outstanding balance is insufficient to cover these costs, in which case Organizer shall pay Fever such invoiced amounts within thirty (30) days after the date of the invoice. If payment for any amounts due to Fever hereunder is not made by Organizer when due and after receiving a late payment notice from Fever, Fever reserves the right, in its discretion and without limiting its other rights and remedies, to suspend or terminate Organizer’s registration for the Services (including any and all accounts that Organizer may have). In addition, any such unpaid amounts due and owing to Fever are subject to collections in accordance with Section 6.2.
6.2. Collections and Cost of Recovery
Fever reserves the right to pursue any late and unpaid amounts due and owing to Fever for collections if such amounts are not paid within thirty (30) days after the date of the invoice. In addition, Organizer agrees to promptly and fully reimburse Fever upon its demand for all out-of-pocket costs and expenses, including without limitation, reasonable attorneys’ fees and expenses, incurred by Fever in collecting past due amounts or any other amounts due and owing from Organizer under this Merchant Agreement, the Terms of Service or otherwise. Organizer agrees that if Fever must seek collections for past due amounts and Organizer does not respond or pay in full after receiving a collection notice, Fever reserves the right to pursue outstanding balances through any available legal means in accordance with the Terms of Service.
7. Prohibited Merchants; Prohibited Events; Prohibited Transactions
7.1 Prohibited Merchants
By registering for the Services and accepting this Merchant Agreement, you represent and warrant that:
a) you are not located in, and you are not a national or resident of, any country to which the United States, United Kingdom, European Union, Australia or Canada has embargoed goods and/or services of the same type as the Services (“Restricted Countries”);
b) you are not a person or entity or under the control of or affiliated with a person or entity that (i) appears on the U.S. Office of Foreign Assets Control’s Specially Designated Nationals List, Foreign Sanctions Evaders List or Palestinian Legislative Council List; (ii) appears on the U.S. Department of State’s Terrorist Exclusion List; (iii) appears on the Bureau of Industry and Security’s Denied Persons List; (iv) appears on the Consolidated List of Targets published by the U.K. HM Treasury; (v) appears on the Consolidated List published by the A.U. Department of Foreign Affairs and Trade or (vi) is subject to sanctions in any other country; and
c) you are not listed in the MasterCard MATCH terminated merchant database or Visa terminated merchant file and your right to access each Card Scheme and each Alternative Form of Payment is not presently revoked or suspended.
If you fall into any of the categories set forth above, as determined by Fever in its discretion, you are a “Prohibited Merchant.”
7.2 Prohibited Events
You may not post events to the Services that:
a) violate or facilitate the violation of any applicable local, state, provincial, national or other law, rule or regulation;
b) would be prohibited under the Payment Scheme Rules;
c) take place in Restricted Countries ; and
d) contain any Content (as defined in the Terms of Use) that would violate the Terms and Conditions of Use.
Any event that falls into any of the categories set forth above, as determined by Fever in its discretion, is a “Prohibited Event.”
7.3 Prohibited Transactions
You represent and warrant that you will not submit for processing through the Services:
a) any transaction that would violate the payment rules set in this Merchant Agreement;
b) any transaction that is fraudulent or criminal in nature;
c) any transaction that would constitute sending money to another party other than for the purchase of bona fide tickets or registrations to, or solicitation of a donation for, events, or sale of items related to such events.
Any transaction that falls into any of the categories set forth above, as determined by Fever in its discretion, is a “Prohibited Transaction.”
7.4. Remedies
In the event that Fever discovers that you are a Prohibited Merchant, that you have posted a Prohibited Event and/or that you have attempted to process or processed a Prohibited Transaction, then Fever may take any or all of the following actions in its discretion in addition to any and all remedies that Fever may have under the law or elsewhere in the Terms of Service:
a) suspend or terminate your Fever account;
b) alter, edit, or remove any Prohibited Event or any portion thereof;
c) block, reverse or refund any or all of your transactions;
d) hold any and all funds associated with your account to the extent required by applicable local, state, provincial, national or other law, rule, regulation, judgment or order; and
e) refer you, your events and/or your transactions and information relating to the same to our Payment Processing Partners, the Card Schemes and/or applicable law enforcement agencies for further action.
8. Permitted Uses of the Website
All interactions on the Website must comply with Fever’s Terms of Service. To the extent your conduct, in our sole discretion, restricts or inhibits any other user from using or enjoying any part of the Website, we may limit your privileges on the Website and seek other remedies.
The following activities performed by any user of the Website are prohibited on the Website and constitute express violations of The Terms of Service and of this Merchant Agreement:
A. Submitting any content to the Website that: i) contains personal information of users, such as their e-mail and name ("Personal Information"), except when we expressly ask you to provide such information; ii) violates any national or international applicable laws (including but not limited to intellectual property laws, laws relating to rights of privacy and rights of publicity and laws related to defamation); iii) offers unauthorized downloads of any copyrighted, confidential or private information; iv) impersonates any person or entity, or falsifies or otherwise misrepresents yourself or your affiliation with any person or entity; v) possesses or creates a privacy or security risk to any person; vi) makes use of offensive language or images; vii) contains software viruses or malware or any other computer code designed to interrupt or limit the functionality of any computer software or hardware; or viii) is protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right.
B. Attempting to do or actually doing any of the following: i) interfering with, disrupting or damaging the service given to any user in any manner, including, without limitation, submitting a virus to the Website or attempting to overload, “flood,” “spam,” “mail bomb” or “crash” the Website; ii) scanning or monitoring the Website for data gathering purposes in an effort to track sales, usage, aggregate offering information, pricing information or similar data; iii) scanning or testing the security or configuration of the Website or to breach security or authentication measures; or iv) accessing data not intended for you, such as logging into a server or an account which you are not authorized to access.
C. Using any of the following: i) frames, framing techniques or framing technology to enclose any content included on the Website without our express written permission; ii) any Website content, including without limitation “Customer Information” (as defined in Section 14.2 of the Terms of Use), in any meta tags or any other “hidden text” techniques or technologies without our express written permission; iii) the Website or any of its resources to solicit consumers, activity providers or other third-parties to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Fever, including, without limitation, aggregating current or previously offered activities; or iv) the Website or any of its contents to advertise or solicit any content with commercial, political or religious purposes.
D. Collecting any of the following: i) personal Information, “Customer Information” (as defined in Section 14.2 of the Terms of Use); or ii) content from the Website, including, but not limited to, information in connection with current or previously offered activities; with the aim of featuring such content to consumers in any manner that diverts traffic from the Website without our express written permission.
E. Engaging in any of the following: i) tampering or interfering with the proper functioning of any part, page or area of the Website or any functions or services provided by Fever; ii) violating the restrictions in any robot exclusion headers on the Website or bypassing or circumventing other measures employed to prevent or limit access to the Website; iii) reselling or repurposing your access to the Website or any purchases made through the Website; iv) using any Fever account for resale or for speculative, false, fraudulent or any other purpose not expressly permitted by these Terms of Use; v) taking any action that places excessive demand on our services or imposes, or may impose, an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion); vi) accessing, monitoring or copying any content from the Website using any “robot,” “spider,” “scraper” or other automated means or any manual process for any purpose without our express written permission; vii) aggregating any current or previously-offered activities or other content or information from the Website (whether using links or other technical means or physical records associated with purchases made through the Website) with material from other websites and publishing it neither on our Website nor on a secondary website without our express written permission; viii) deep-linking to any portion of the Website (including, without limitation, the purchase path for any Ticket) without our express written permission; ix) hyperlinking to the Website from any other website without our written consent; or x) acting illegally or maliciously against the business interests or reputation of Fever and/or its subsidiaries or affiliates, including without limitation Fever Labs, Inc., our activity providers or our services.
9. Customer data
In respect of any personal data (as defined in the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC), the Event Organizer is responsible to ensure that they comply with the applicable laws and continue to comply with any future laws that may amend or replace the existing regime and any guidance notes or guidelines issued by the relevant data protection authority.
10. Disclaimer
The Website and its content are delivered on an "as-is" and "as-available" basis. Fever disclaims all warranties, express or implied, including also any implied warranties of merchantability and fitness for a particular purpose.
Fever does not promise that the Website will be error-free, uninterrupted, or that it will provide specific results from use of the Website or any content, search or link on it.
Fever cannot ensure that files you download from the Website will be free of viruses or contamination or destructive features.
Fever will not be liable for any damages of any kind arising from the use of this Website, including without limitation, direct, indirect, incidental and punitive and consequential damage. Fever makes no guarantee of any specific result from use of this Website or use of the Fever service.
11. Limitation of liability
Whilst we endeavour to ensure that the website is fully operational at all times, on those occasions when there are interruptions to service due to essential maintenance, system upgrades, internet service interruptions or any other factors beyond our control, Fever will not be liable for any indirect, consequential, exemplary, incidental, special or punitive damages, or for lost profits, revenues or business opportunities, even if Fever has been advised of the possibility of such damages.
In no event shall Fever be liable for any indirect or consequential loss or any loss (whether incurred directly or indirectly) of profit, business, revenue, date, goodwill or reputation.
Fever disclaims any and all liability for the acts, omissions and conduct of any third party users, Fever users, advertisers and / or sponsors on the Website, in connection with the Fever service or otherwise related to your use of the Website and /or the Fever service. Fever is not responsible for the products, services, actions or failure to act of any venue, performer, promoter or other third party in connection with or reference on the Website.
Notwithstanding the foregoing, nothing in the Merchant Agreement shall be taken to limit or exclude any liability which Fever may have for (i) death or personal injury arising from Fever negligence; (ii) fraudulent misrepresentation; or (iii) any liability that cannot be excluded or restricted by law.
12. Indemnity
You shall indemnify Fever, defend and hold harmless Fever and Fever affiliated or related companies and their respective joint ventures, successors, assigns, directors, officers, employees and agents and shall keep each of them fully and effectively indemnified against any and all losses, imposed on, incurred by or asserted against them arising from:
1. any breach of the Agreement or breach of warranty by the Event Organizer of the acts or omissions of the Event Organizer, your employees, sub-contractors or agents;
2. any Event or Venue (other than and to the extent that any losses arise directly from breach of this Agreement by Fever or our negligence);
3. any breach of copyright or privacy laws or any other applicable law;
4. any advertisement, marketing or promotion (other than any material produced by Fever), including without limitation the production and placement of fly-posters.
13. Trademarks
Fever, the website and design are registered trademarks of Fever Labs, Inc. All rights reserved.
14. Privacy Policy
Fever highly values the privacy of its user's. For more information regarding personal data protection, please refer to the Fever Privacy Policy available here
15. Contact information for Customer service:
Phone:
- United States: 001 646 781 73 59
- United Kingdom: 0044 2036 086 975
- Spain: 0034 911 876 636
- France: 0033 172 060 870
- Portugal: 00351 308 800 038
E-mail:
hello@feverup.com, hola@feverup.com, ola@feverup.com