These terms and conditions (‘Organiser Terms’) govern the relationship between the Organiser or Service Provider (‘Event Organiser’), as the case may be, and EventWorks. The Organiser Terms also govern the corresponding sale/resale of tickets to the buyer (‘Buyer’) by EventWorks for an Event Organiser.
‘Ticket/s’ shall mean the tickets and/or other products purchased through the sales channels of EventWorks for a particular event or exhibition which is organised by an Event Organiser (‘Event’).
EventWorks is owned and operated by CodeBlack Ltd. (C94904), trading as EventWorks, TicketMonti or TicketHype. Throughout these Organiser Terms, the words “EventWorks”, “we”, “us” and “our” refer to EventWorks and its associated entities and “you” and “your” refers to the Event Organiser.
1. Responsibilities of the respective parties
1.1 EventWorks shall facilitate the sale of Tickets for Event Organisers by allowing them to create an event page on the sales channels of EventWorks from which Tickets can be purchased by the Buyer. As part of our services, we also give Event Organisers access to a secure payment gateway.
1.2 EventWorks is not responsible or liable for the artistic quality of products and/or services which are provided by the Event Organiser. EventWorks is also not responsible for the manner in which the Event Organiser fulfils its obligations vis-à-vis the Buyer.
1.3 The Event Organiser must provide EventWorks with a valid insurance policy with a reputable local insurer for the Event, which policy must also insure the Event Organiser against the cancellation of the Event and the refunds due to all ticket holders in terms of Clause 4.3 below.
1.4 In cases concerning purchased products, services, and entrance Tickets, EventWorks shall explicitly refer Buyers to the applicable terms and conditions of the Event Organiser and/or to their respective website.
1.5 The Event Organiser is solely responsible for providing customer support for the Event. The Event Organiser shall have in place a valid and monitored communication channel (such as email, mobile phone, etc) through which the Buyer, or a potential customer, can easily communicate with them should they have any queries.
1.6 The information released by EventWorks when providing its services shall be solely based on the information provided to it by the Event Organiser. The Event Organiser shall always be fully responsible for the accuracy, completeness, and correctness of the information (including rates/surcharges/prices, policy and conditions, and the availability thereof) it provides to EventWorks, who will subsequently publish such information on the EventWorks sales channels.
1.7 EventWorks cannot be held responsible for any errors whatsoever (including typographical errors), any interruption in the provision of the services, inaccurate, misleading, or untruthful information, or the failure to provide information.
2. Prices and additional costs
2.1 The face-value prices of Tickets shown on the sales channels shall exclude, by default, any fees which are due to EventWorks (‘Booking Fees’). Booking Fees may include, but are not limited to, a per Ticket service fee and/or a per order processing fee.
Provided that the Event Organiser may opt to pay such Booking Fees itself to EventWorks directly in such a way that said Booking Fees will form part of the Ticket price paid by the Buyer and not charged as a separate fee by EventWorks.
.2 For the purposes of these Organiser Terms, sales channels shall mean all websites and/or apps making use of the service and/or software provided by EventWorks to make the sale of Tickets possible.
2.3 The amount of the Booking Fees will always be stated in advance in a clear manner at the order (‘Order’) or included in the overall price for the Ticket/s.
2.4 Booking fees can be changed by EventWorks at any time, but never with retroactive effect.
2.5 The prices for Tickets may be higher than the prices printed on the Tickets by EventWorks due to additional costs (such as costs for reservations, payments, printing expenses undertaken by EventWorks (if any) and/or delivery).
2.6 A completed Order or purchase will only exist once the Buyer has received a written confirmation of this from, or on behalf of, the Event Organiser.
2.7 If a complete payment has taken place but no delivery of the Ticket is determined to be possible due to circumstances, the Buyer is entitled to a refund of the full purchase amount, including any additional costs, such as Booking Fees paid by the Buyer. The Event Organiser guarantees that the purchase amount will be refunded to the account of the Buyer without unreasonable delay, with due observance of any applicable conditions of the Organiser Terms.
3. Obligations on the day of the Event
3.1 On the day of the Event, the Event Organiser shall be solely responsible for the scanning of Tickets.
3.2 It is the responsibility of the Event Organiser to have functioning mobile phones (running either Android or IOS) in order for it to be able to scan the Tickets. Should the Event Organiser require mobile phones and/or any other device able to scan the Tickets, these could be rented from EventWorks by giving at least five (5) days’ notice prior to the date of the Event. This rental will be charged separately by EventWorks on a daily basis.
3.3 A stable internet connection is required for the purposes of scanning the Tickets. The Event Organiser hereby acknowledges that he is solely responsible for such internet connection.
3.4 The Event Organiser shall be solely responsible for validating any ID cards in order to ascertain that the Ticket holder is eligible to enter the Event.
3.5 Unless stipulated otherwise, any staff working at the Event is by default assumed to be appointed by the Event Organiser.
3.6 Should the Event Organiser require a representative of EventWorks on-site during the Event, the Event Organiser is to inform EventWorks of this by at least thirty (30) days before the date of the Event. This service will be charged separately by EventWorks on a case-by-case basis.
4. Cancellation of an Event and refunds
4.1 The Event Organiser may decide to move the Event to another time, date and/or location, or to cancel it in its entirety due to circumstances. This shall lie solely within the discretion of the Event Organiser and is fully beyond the control of EventWorks.
4.2 It is the duty of the Event Organiser, unless otherwise agreed, to inform the Buyers of such circumstances. Buyers shall be informed either in writing, via email, through the website, via Whatsapp, text message, social media or through any other means available.
4.3 The consequences of the cancellation, relocation, or postponement of the Event are to be borne by the Event Organiser. It is the Event Organiser’s responsibility to provide refunds. In such an event, EventWorks, being in possession of the Event Ticket sale funds, will not process any refunds to Buyers without prior written instructions received from the Event Organiser. The instructions shall be given once the Event Organiser opts to issue a refund from the EventWorks dashboard.
If, on the other hand, by virtue of clause 5.2, EventWorks would not be in possession of the Event Ticket sale funds as it would have paid the Event Organiser prior to the commencement of the Event, the Event Organiser shall be obliged to make such funds available to EventWorks in order to for it to be able to provide the required refunds when/if necessary.
4.4 EventWorks can never be held liable for a refund or a lack thereof.
4.5 Any Booking Fee paid on the Order is to be considered as non-refundable under all circumstances. In the event that the Event Organiser cancels the Event and opts to refund all Ticket holders for the Ticket price as well as the Booking Fee, said Booking Fee needs to be refunded at the Event Organiser’s own expense. EventWorks shall not process any refunds of Booking Fees to Ticket holders unless and until it has been fully reimbursed by the Event Organiser for all the Booking Fees that will be, on the Event Organiser’s instructions, refunded to Ticket holders.
5. Collection of Funds and Payment to Event Organiser
5.1 The Event Organiser hereby agrees and authorizes EventWorks to collect the funds which Buyers pay for the Event, through EventWorks’s sales channels on their behalf.
5.2 The Event Organiser may either opt to be paid after the Event or else on a weekly basis before the commencement of the Event.
5.3 In order for the Event Organiser to be paid on a weekly basis before the commencement of the Event, the Event Organiser must:
a) Show a valid Event cancellation insurance coverage which will cover the total value of available Tickets being sold;
b) Have hosted at least one (1) event with EventWorks before;
c) Have a valid proof of Identity Card;
d) Have a valid proof of address; and
e) Have the relevant Event permits granted by the competent authorities.
Payments will be made on Mondays with a seven (7) day rolling balance (this is applicable to both methods of payment). Should there be a bank holiday on a Monday on which payment would be due, such payments will be settled on the next business day.
When the Event Organiser opts to be paid on a weekly basis before the commencement of the Event, the last payment shall be done seven (7) after the last ticket would have been sold.
It is also being agreed that when the Event Organiser opts to be paid on a weekly basis before the commencement of the Event, EventWorks shall reserve the right to keep hold of the funds (as a means of protecting the Buyer) when it has reasonable suspicion that the Event has a high risk of getting cancelled. Upon such reasonable suspicion, EventWorks shall ask to Event Organiser to provide it with sufficient evidence that the Event is going to take place.
EventWorks will only transfer the amount/s due to the Event Organizer should it be satisfied with the evidence produced to that effect.
In the absence of such documentation being provided, EventWorks shall hold on to any funds it may be in possession of and shall only transfer said funds to the Event Organizer or refund the respective Buyers, as the case may be, following the date of the Event, cancelled or otherwise, in question.
6. Term and Termination
6.1 These Organiser Terms shall come into force as soon as the Event Organiser publishes an event on the EventWorks platform and will only be terminated once the Event Organiser no longer has any events on the EventWorks platform.
6.2 Should an Event Organiser have more than one event on the EventWorks platform, these Organiser Terms will remain in force until the happening of the last event.
6.3 Any provision of these Organiser Terms that expressly or by implication is intended to come into force or continue in force on or after termination of these Organiser Terms shall remain in full force and effect.
7. Liability
7.1 For the purposes of these Organiser Terms, the seller of the Tickets is at all times considered to be the Event Organiser, and not EventWorks. We simply facilitate the sale of such tickets for Event Organisers through our sales channels. In view of this, it is acknowledged that EventWorks is not and shall never be considered to be a party to an agreement which is concluded with the Buyer upon the purchasing of Tickets.
7.2 EventWorks shall not be liable for any form of direct and/or indirect damage and/or refund arising from the failure of the Event Organiser to fulfil its obligations vis-à-vis the Buyer.
7.3 EventWorks shall not be liable for damage or costs suffered by the Buyer arising from the relocation, postponement, or cancellation of Events, as the case may be.
7.4 EventWorks shall not be liable for damage suffered by the Buyer due to the delay in the delivery of Tickets if this delay in the delivery or failure to carry out the delivery is not attributable to EventWorks.
7.5 EventWorks shall not accept any liability for loss of, or damage to, Tickets suffered by the Buyer for any reason whatsoever. From the moment the Ticket has been provided to the Buyer, the Buyer shall bear the risk of loss, theft, damage or misuse.
7.6 EventWorks does not accept any liability for Tickets obtained from third parties.
8. Ownership and Intellectual Property
8.1 Each party acknowledges that the other party’s Intellectual Property Rights are a valuable asset. All rights, title, and interest, including all Intellectual Property Rights in any products, services, or any other materials belonging to one party and delivered to the other in accordance with these Organiser Terms shall be and remain the property of the delivering party.
8.2 Nothing in these Organiser Terms shall give a party any interest in any Intellectual Property Rights belonging to the other or any goodwill associated therewith, and each party hereby acknowledges that it shall acquire no interest in respect thereof.
9. Force Majeure
9.1 Force Majeure shall mean an event beyond the reasonable control of a party, including without limitation an act of God, terrorism, war, sabotage, strikes, bad weather, floods, government measures, illness, pandemics, epidemics, disruptions in electricity or communication networks or equipment, or other unforeseen circumstances due to which the implementation of these Organiser Terms can no longer be reasonably expected of EventWorks.
10. Confidentiality
10.1 For the purposes of these Organiser Terms, ‘Confidential Information’ mean all proprietary information and any other financial, business and technical or other data and all other information (whether written, oral or in electronic form or on magnetic or other media) concerning the business and affairs of a party that the other party obtains, receives or has access to as a result of the discussions leading up to or the entering into or the performance of these Organiser Terms.
10.2 Each party undertakes with the other that during the term of the Organiser Terms and for a period of two (2) years after termination of the Organiser Terms, it will keep secret any Confidential Information received, or which could be gained, in the process of performing or exercising rights under the Organiser Terms, and not to use it for any purpose other than the performance of its obligations under the Organiser Terms.
10.3 Each party’s obligations of confidentiality and non-use shall not apply to any information or data which:
a) becomes public knowledge otherwise than as result of any act or default of the party receiving Confidential Information;
b) is public knowledge at the time of its receipt from the party;
c) can be shown by the receiving party to the reasonable satisfaction of the other party to have been known to it prior to it being disclosed to it by the other party;
d) is required to be disclosed by law to any governmental or other authority or regulatory body, provided that where practicable, the requirement to disclose is first notified to the other party in order that such party may first exhaust any rights of appeal it may have against such requirement.
10.4 Each party may disclose Confidential Information belonging to the other party to:
a) those of its directors or employees or any members of its Group that need to have access to it for the purpose of these Organiser Terms;
b) its professional advisers subject to appropriate conditions of confidentiality; and/or
c) any governmental or other authority or regulatory body to which the receiving party is required by law to disclose Confidential Information.
10.5 Each party shall use all reasonable endeavours to ensure that any directors or employees of itself shall comply with the obligations of confidentiality contained in this clause.
10.6 Each party reserves all rights in its Confidential Information. No rights or obligations in respect of a party’s Confidential Information other than those expressly stated in these Organiser Terms are granted to the other party or to be implied from such terms and conditions. In particular, no licence is hereby granted directly or indirectly under any patent, invention, discovery, copyright or other intellectual property right held, made, obtained or licensable by either party now or in the future.
11. Data Protection
11.1 EventWorks serves as the processor within the meaning of the General Data Protection Regulation (“GDPR”) based on the instructions of the Event Organiser. EventWorks is authorized, in this capacity, to process personal data of Buyers on behalf of the Event Organiser in the context of the implementation of the agreement between the Event Organiser and the Buyer.
11.2 EventWorks processes the personal data of the Buyer in accordance with applicable law and regulations and in accordance with its own privacy policy. This privacy policy is provided to the Buyer prior to any purchase made, as well as available at legel.eventworks.mt. EventWorks will not use personal data for its own commercial purposes, unless the Buyer gives explicit permission for this.
11.3 EventWorks shall only pass on data to the Event Organiser whenever necessary, or when the Buyer, by virtue of the opt-in checkbox which is to be displayed on the landing page of the Site when the Buyer acquires Tickets, gives his/her consent to EventWorks to share such data for marketing purposes.
12. Miscellaneous
12.1 The parties acknowledge that they are over the age of 18, and that they have read, understood and approved these Organiser Terms.
12.2 If any provision of the Organiser Terms is deemed invalid or unenforceable, all or part of that provision will be severed from such terms and will not affect the enforceability of the remaining provisions of the Organiser Terms.
12.3 No waiver of any term of the Organiser Terms shall be deemed a further or continuing waiver of such term or any other term. Any failure to assert any right under the Organiser Terms shall not constitute a waiver of such right.
13. Change in Organiser Terms
13.1 EventWorks can unilaterally amend these conditions. In this case, the amended Organiser Terms will be sent to the Event Organiser.
14. Governing Law and Jurisdiction
14.1 These Organiser Terms will be construed in accordance with and governed by the laws of Malta.
14.2 Each party irrevocably agrees that the courts of Malta shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Organiser Terms or its subject matter or formation.