Terms of Service regulate the contract between CodeBlack Ltd a company registered in Malta with the Malta Business Registry bearing registration number C 94904 and registration address Baldacchino Building, Valletta Road, Żurrieq, hereinafter referred as the ‘Entity’.
And on the other part
Referred as the ‘Event Organiser’
Whereas, the event organiser will be organising a party/mass event
Whereas, the event organiser at the venue, will be making use of EventWorks Cashless system, which is a system offered by the entity to manage RFID cashless payments to collect sales proceeds for an event selling cashless credit.
Whereas, the entity has the nesecassy infrastrucutre, vast knowledge and experience in this field and fully competent to offer this RFID cashless service.
Whereas, the serivces offered by the entity are regulated by this contract of service as outlined hereunder.
- The entity offers the event organiser its services, to collect all payments and proceeds through its payment services providers partners.
- The entity shall provide access to the event organiser to its dashboard online account related to the event.
- Within five (5) working days after the successful completion of an event, the entity will cause its Payment Processing Partners to pass along all Topup Fees related to such event to the event organiser that have been collected by the Payment Processing Partners, subject to:
- deduction of all applicable Fees then due to the entiy; and
- the right of setoff against any debts or other amounts owed to the entity.
- In accordance with the refunds terms and conditions between the event organiser and the attendees of the event, the attendees may request refunds of the balances held on their account.
- The entity receives such requests and following the timeframe mentioned in the clause
- below shall send these requests to the event organiser. It is the responsibility of the event organiser to process the payments of such elgible refunds. Nonetheless the event orgnaiser may opt for the entity to process the refunds at a cost as agreed between the event organiser and the entity
- The entity allows two(2) working days from the successful completion of the event to receive such refund requests through its refund portal from the attendees.
- The entity for its services shall charge the fees as agreed upon before the event.
- Should the entity process the refunds, the event organiser shall pay the processing fees of the payment processing partners of the entity.
- If during the payment process the entity shall incur any FX rates the event organiser shall incur these FX rates.
- If the event organiser cancels the event, the latter shall imburse all the expenses incurred by the entity related to the services provided.
- Any credit card chargebacks or other transaction reversals initiated against the entity for any reason 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 the entity or its affiliates in connection with such chargebacks will ultimately be the responsibility of Organizer, and Organizer agrees to promptly and fully reimburse the entity for such amounts on demand.
Exclusion from Liability
The cashless system may be affected by factors outside our control such as system downtime or failure. You understand and agree that CodeBlack Limited cannot and will not be liable for any direct, indirect or incidental, special, consequential or exemplary damages, including but not limited to damage for loss or profits, goodwill, use, data or other intangible losses resulting from:
- Failure, malfunction, interruption, errors or unavailability of the cashless system, your equipment, the Network, and the Cashless Card Service;
- Viruses that may, despite the precautions taken, occur on the system or the RFID chip;
- Any error and or negligence committed by employees of CodeBlack Limited;
- Fraudulent falsification of data by third parties’ due to unauthorized intrusion into the system, website or Your Account by third parties;
- Your inability to use the service;
- Unauthorized access to or alteration of your transmission of data;
- Your failure to give proper or complete instructions relating to your bank account details and/ or your online account;
- Any fraudulent or illegal use of the Card or Wristband, the System and/or your online account; or
- Your failure to comply with the clauses of this agreement;
- Other circumstances whatsoever not within our control including, without limitation, force majeure, error, interruption, delay or non-availability of the cashless system, unavailability of internet, terrorist or any enemy action, equipment failure, loss of power, adverse weather or atmospheric conditions and failure of any public or private telecommunications system, lack of available resources, strikes or labour disputes.
If for any reason other than a reasons mentioned in above, the Services are interfered with or unavailable, the entity sole liability under this Agreement in respect thereof shall be to re-establish the Services as soon as reasonably practicable.
All warranties and obligations implied by law are hereby excluded to the fullest extent permitted by law.
By agreeing to be bound by this agreement, the event organiser agrees to indemnify the entity in respect to:
- All demands, claims, actions, losses and damages of whatever nature which may be brought against the entity arising from the malfunction or failure or unavailability of any hardware, software, or equipment, the loss or destruction of any data, power failures, corruption of storage media, natural phenomena, riots, acts of vandalism, terrorism, any other event beyond the entity control, interruption or distortion of communication links or arising from reliance on any person or any incorrect, illegible, incomplete or inaccurate information or data received from You;
- Any loss or damage that may arise from your use, misuse, abuse or possession of any third-party software, including without limitation, any operating system, browser software or any other software packages or programs.
- Any unauthorized access to your account or any breach of security or any destruction or accessing of your data or any destruction or theft of or damage to any of your device which can be used to access your account.
- Any loss or damage occasioned by the failure by you to adhere to these Terms and Conditions and/or by supplying of incorrect information or loss or damage occasioned by the failure or unavailability of third party facilities or systems or the inability of a third party to process a transaction or any loss which may be incurred by the Event Organizer as a consequence of any breach by these Terms and Conditions.
Any damages and costs payable to the Event Organizer in respect of any claims against the Event Organizer for recompense for loss where the particular circumstance is within your control