This document tells you information about the legal terms and conditions (Terms) on which we make available to you (Organizer) the online event management software (R-Site). When you use any of our services related to event management (any service provided by this website) you automatically accept the terms and conditions, that are stated in this document. We may change these Terms from time to time. You should check the website from time to time to review the then current Terms, as they are binding on you.
Use of the website
Organizer should provide us with information and material as we may reasonably require in order to supply the services and ensure that such information is accurate in all material respects. Organizer should maintain and update all information and material as may be required by us in order to supply the services to keep it correct, accurate and complete. Organizer should cooperate with us in all matters relating to the service.
You may use the service to manage the event only if you are the event organizer or an authorized representative of the event organizers for all the events you are managing.
Access to the service may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Provider's control. Your access to the service may also be suspended, or your account may be canceled at any point, at our discretion, including (but not limited to) if we suspect that you are using the service for fraudulent or criminal purposes, if we are advised to by law enforcement agencies or if you have failed to pay the service fee.
Liability
We and our employees and agents, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of business, loss of income, loss of profits, loss of goodwill, loss or corruption of data, or loss or damage arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the website or Service in any way or in connection with the use, inability to use or the results of use of the website or the Service, any website linked to the website or the material on those websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your use of any of our services.
We do not guarantee the availability of the service and shall not be liable if for any reason the service is unavailable at any time or for any period. Access to the service may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
We do not warrant the accuracy and completeness of the material on the website. We may make changes to the material on the website, or to the functionality of the service, at any time without notice. The material on the website may be out of date, and we make no commitment to update such material.
The service and the material on the website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with the website and the service on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for these Terms, might have effect in relation to the website or any of the services.
Use of the personal information
Protection of personal information is very important to us. We will comply with the General Data Protection Regulation ((EU) 2016/679) (the “GDPR”) any other laws and regulations relating to data protection and privacy, including any law or regulation giving effect to the GDPR.
For any personal information of Organizer's customers, employees, companies that we handle as part of the service ("Private Data"), we and Organizer both agree that Organizer is the "data controller" and we are the "data processor" in relation to that data.
Accordingly, you hereby agree that:
Organizer will comply with Data Protections Law in relation to your handling of Private Data, including informing everyone concerned how their Private Data will be handled by Organizer and by us.
Organizer have sole responsibility for establishing and maintaining the lawful basis of the our processing of Private Data under these Terms, including where applicable the obtaining of all necessary consents from the everyone concerned.
When Organizer exports Private Data during your use of the Service (for example exporting or downloading data etc), you are responsible for ensuring that Organizer's use of that Private Data is compliant with data protection laws and the terms in place between you and everyone concerned.
In respect of our handling of the Private Data, we agree that we shall:
Process the Private Data only in accordance with lawful instructions reasonably given by you to us from time to time, or as otherwise required by law. You hereby instruct us to use the Private Data to perform the service and as otherwise described in these Terms. Such instructions are your complete and final instructions to us for the use of Private Data. We shall not be bound by additional or alternative instructions except pursuant to our mutual written agreement.
Notify you if, in our opinion, an instruction from you infringes any Data Protection Law (provided always that you acknowledge that you remain solely responsible for obtaining independent legal advice regarding the legality of your instructions and that a failure or delay by us to identify that an instruction infringes Data Protection Law shall not cause us to be in breach of our terms nor relieve you from your liability under this these terms).
Ensure that our personnel engaged in the handling of Private Data are informed of the confidential nature of the Private Data and are subject to binding confidentiality obligations.
Inform you promptly if any Private Data is lost or destroyed or becomes damaged, corrupted, or unusable or is otherwise subject to unauthorized or unlawful processing, including unauthorized or unlawful access or disclosure.
To the extent permitted by law, promptly notify you upon receipt of any request from a customer or event attendee to access, correct, amend, transfer or delete such person’s Private Data consistent with that person’s rights under Data Protection Law and, at your cost, provide all reasonable assistance to you in relation to such request.
On termination of the Service, we will return, or destroy (at your direction), Private Data in our possession or control unless applicable laws require the continued storage of such Private Data. Such deletion may take us up to 14 days to action and, following deletion from our live systems, it may take up to a further 28 days for the data to be deleted from our back-up tapes; and
You acknowledge that we are reliant on you for direction as to the extent to which we are entitled to use and process the Private Data. Consequently, we will not be liable for any claim brought by a customer or event attendee arising from any action or omission by us, to the extent that such action or omission resulted from your instructions.
In providing the Service, we may transfer personal information (including Private Data) to third party service providers, which may store and process this personal information on servers located outside of the EEA (including for data back-up purposes). If we transfer Private Data outside of the EEA in this way, we will take the appropriate steps to ensure that the Private Data continues to be protected (typically through the third party agreeing to comply with European Commission approved contractual obligations in their standard terms).
We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes some important terms which apply to you.
Relationship with your customers
We provide the service to you and have no direct relationship with your customers. When you sell tickets to your customers through the service, the contractual relationship is between you and your customers. You are responsible for providing your own terms of sale with your customers and accordingly, we will direct any customers who direct queries regarding your events to you. You agree not to refer your customers to us for support.
You shall hold us harmless, and indemnify us, against all claims, costs and damages (both actual and consequential) arising out of, or in any way, connected with: any dispute(s) with one or more of your customers and/or your relationship with your customers.
Relationship with the payment providers
All amounts payable to you are payable using external payment providers. Accordingly, you will be bound by the terms and conditions that govern the relevant external payment providers’ relationships with their customers.
We are not affiliated with, and have no agency or employment relationship with, any external payment provider and have no responsibility for, and hereby disclaim all liability (including, but not limited to) any losses, costs, fees and penalties of whatever nature arising from, the acts and omissions of any external payment provider.
General services description
Our Internet based software (Website) provide some event management services. Late in this document instead of "Our Internet based software (Website)" we will write R-Site .
R-Site is a platform, where Event Organizers can create, plan, publish, market events and sell event-related products like tickets, trade places, advertisement spots etc.
When Event Organizers sell there products on R-Site, they do it directly, from the name of Event Organizers. Event Organizer receive payments from there clients directly to the bank account of Event Organizer or in case of credit card (or similar) payments, to the merchant account, which belongs to Event Organizer.
R-Site do not accepts any payment from customers of Event Organizer. All relations around Events, that are managed by R-Site, are exclusively relations between Event Organizer and his customer.
R-Site receives payments from Event Organizers, when some paid services are provided. R-Site receives payments from Advertisers, when some paid services are provided.
DNS Names (Names in Internet)
R-Site can be available under different domain names in Internet. Our main domain name "romb.ch" is not the only one possible name. R-Site can be available under other names, that could be interesting to Event Organizers. Also each Event Organizer can use R-Site under his own domain name.
Prices, Charges
R-Site may provide some services for free or for a fee.
Event Organizer can use all the features, including product sale. We may charge a certain fee for each product sold with R-Site. If the Event Organizer uses for sales any payment channels like credit card or any other, than Event Organizer pays all related fees directly to the provider of such payment channel. R-Site provides to Event Organizer the technical solution for integration of the payment channel into R-Site sales solution (if there is such technical possibility).
If Event Organizer uses R-Site for his public Events, than this Event Organizer allow R-Site to distribute his Events information on the affiliation base. R-Site can sell the tickets to any event directly with own advertisement, in this case R-Site acts a Affiliate to Organizer. Default R-Site affiliation fee is 7%. You can contact us if you have any other offers.
An Event Organizer can allow or not allow R-Site to publish advertisement on the tickets of his Events. If Event Organizer allows R-Site to publish advertisement on his tickets, than Event Organizer gets normally 40% of the advertiser payment for this advertisement.
An Event Organizer can allow or not allow R-Site to publish advertisement on the Coupons of this Event Organizer. If Event Organizer allows R-Site to publish advertisement on his Coupons, than Event Organizer gets normally 40% of the advertiser payment for this advertisement.
The prices for any additional services should be available before you order this service. The services can be: preparing event venue plan/map, designer works for website layout etc.
We will not refund any fees paid for the service or any credit you may have at the time of cancellation.
AFISHA
R-Site provides a separate AFISHA site for promoting events on the Internet. R-Site collects information about events from publicly available sources of information and posts information about events on AFISHA to help organizers promote the event there. Event organizers can be given access to add / edit event information directly on AFISHA. Any information about events can be removed from AFISHA within one week at the request of the event organizer. The most convenient way for an event organizer is to request access to the back office from us, so that he can decide for himself whether he wants to publish information about the event in AFISHA or not.
Copyright
All Intellectual Property Rights in or arising out of or in connection with the services should be owned by us You acknowledge that, in respect of any third party Intellectual Property Rights, your use of any such Intellectual Property Rights is conditional on us obtaining a written license from the relevant licensor on such terms as will entitle us to license such rights to you. All materials, equipment, documents and other property of us are our exclusive property.
For the purposes of this section, “Intellectual Property Rights” means all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
Governing law and jurisdiction
These Terms shall be governed by and construed in accordance with Swiss law. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction or the Swiss courts.