Terms and Conditions- Event Organisers  

Effective Date: August 17th, 2022

These terms and conditions apply to the use of this website and the Hinbor ticketing and registration platform supplied by Hinbor, Ltd. By creating an account and an event on the Hinbor platform, you accept these terms and conditions and you agree to be bound by these terms and conditions and Hinbor’ Privacy Policy.  If you do not accept these terms and conditions and Hinbor’ Privacy Policy, do not continue to use the Hinbor ticketing and registration platform.

 

1. TERMINOLOGY

In these terms and conditions:

  • The expressions we, us, our, and Hinbor refer to Hinbor, Incorporated with registered offices at 289-2366 Main Mall, Vancouver, BC, Canada V6T 1Z4.

  • Hinbor Websites means https://www.hinbor.ca and any other website notified to you by Hinbor that replaces or is additional to the website.

  • Hinbor Platform means the application based software platform together with associated plugins, websites, application program interfaces (API’s), sub-modules, services and support infrastructure created and operated by Hinbor that enables the creation of Event Listings, sale and distribution of tickets, acceptance of registrations, and collection, storage and access of data relating to events. The Hinbor Websites are part of the Hinbor Platform.

  • Event Organizer, you and your, refer to a person, corporation or association that uses the Hinbor Platform to sell tickets and accept registrations for an event.

  • Event Listing means a mini-website created by an Event Organizer using the Hinbor Platform that provides information about an event, and collects and stores ticketing and registration information.

  • Listing Content means content an Event Organizer includes in an Event Listing.

  • Sensitive information is data that must be protected from unauthorized access to safeguard the privacy or security of an individual or organization.

  • Services means any services provided by Hinbor to you in relation to an event, including access to the Hinbor Platform, registration and ticketing services, data capture, and additional services as described in paragraph 8.

  • User means a person who registers for or acquires tickets for an event through the Hinbor Platform, or who provides data in response to a Vendor Data Capture Question.

  • Vendor means an exhibitor at, seller of products or services at, or sponsor of one of your events.

  • Vendor Data Capture Question means a question asked of a person attending an event using the Hinbor Platform in order to obtain user data relevant to a Vendor.

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2. AMENDMENTS TO TERMS AND CONDITIONS

We reserve the right to amend these terms and conditions from time to time by either posting the changes on the Hinbor Events Website (https://www.hinbor.ca), or by giving you notice in accordance with paragraph 20.  It is your responsibility to check these websites for changes before creating each Event Listing.  The amendments will not apply to an event if the Event Listing was created before notice of the amendment is given. Your use of the Hinbor Platform to create an Event Listing following notice will indicate that you agree to be bound by the terms and conditions as amended.

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3. PROVISION OF SERVICES

Hinbor supplies the Hinbor Platform for use by Event Organizers under a Software as a Service agreement. We do not represent you, the Organizer, nor are we an agent for you. The Hinbor Platform allows Event Organizers to create, manage, accept payments and make refunds for tickets purchased via the platform. As an Organizer, you are responsible for all aspects of your event, including compliance with any existing legislation and taxation requirements. Hinbor provides the Hinbor platform as-is and makes no representation as to its applicability or suitability for your event. Please evaluate the platform to determine its suitability.

Hinbor will provide the following Services on the Hinbor Platform for each Event Listing:

  • ticket purchase;

  • content management

  • attendee registration;

  • attendee check-in

  • collection and forwarding of ticket payments;

  • collection, storage and access to User data; and

  • electronic ticket delivery by email and in App QR code.

The Event Listing may be hosted by Hinbor, or inserted into your website through a secure iframe, at your option. If using a secure iframe, the website on which the iframe is positioned is not part of the Hinbor Platform, and Hinbor has no responsibility for the content or use of this website.

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4. FEES AND PAYMENTS

We charge fees for Services as per the table below. These fees and charges are the default costs associated with operating your event on Hinbor platform. Hinbor reserves the right to modify our fees from time-to-time. All fee changes will be updated on our website at https://www.hinbor.ca.

Costs associated with running an event on Hinbor:

  • Ticket and Transaction Fees: Transaction fee is free for club and organizers. Subject might change For more information about our competitive ticket and transaction fees, please contact our friendly team at info@hinbor.ca;

  • Chargebacks: We do our best to assist with all chargebacks or claims, however if any Chargeback fee is incurred, this will be passed on in full to Organizers. Cost per chargeback is $20.00;

  • Refunds: For most transactions, there are no fees to refund a charge, but the processing fees from the original transaction aren't returned.

  • Tax: As an event Organizer you will be responsible for any taxes associated with your event. This includes all local, state and federal taxes. Hinbor requires all event Organizers to include their registered company information and provide Hinbor with their Tax Identification number for reporting to the IRS and applicable State taxing entities. All taxes payable in accordance with local, state and federal tax laws shall be paid by Organizer and shall not be withheld by Hinbor, unless it is in the reasonable opinion, and in Hinbor’ sole discretion, that withholding of such taxes and payment by Hinbor to such taxing authorities is necessary to protect the interests of Hinbor created under this Agreement. In the event of such, Hinbor will make an accounting to You for any amounts withheld and paid to applicable taxing authorities.

Please ensure that you receive independent tax advice regarding the treatment of taxes for your event.

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5. REGISTRATION

To be an Event Organizer, you must register.  You must provide accurate complete and current information as required by Hinbor’ registration form (Registration Data) and update your Registration Data at all times.

If you are an individual, you must be at least eighteen years old to register as an Event Organizer.

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6. ACCOUNT PASSWORD AND SECURITY

As part of the registration process, you will create a password and account. You must maintain the confidentiality of the password and security of the account and are fully responsible for all use made of your account unless you can establish to our reasonable satisfaction that the use was unauthorized and did not result from a breach of these Terms. You agree to:

  • immediately notify Hinbor of any unauthorized use of your password or account or any other breach of security; and

  • ensure that you exit from your account at the end of each session.

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7. USE OF THE HINBOR PLATFORM

Hinbor grants you a non-exclusive, non-transferable right (without the right to sub-license) to access and use the Hinbor Platform solely for the purposes of creating an Event Listing to be used only for selling and distributing tickets to the event, collecting registrations for visitors to the event, and collecting, storing and accessing data concerning visitors and potential visitors to events.

You must not:

  • remove, alter or hide any of the content on the Hinbor Events Website or Hinbor Website or any Listing Content, other than your Listing Content;

  • attempt to hack, expose vulnerabilities or otherwise interfere with the operation of the Hinbor Platform or an Event Organizer website other than your own, or any data stored on it; or

  • attempt to monitor API calls, network traffic or other data being transmitted to and from the Hinbor Platform.

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8. OTHER SERVICES

Hinbor may, from time to time, offer additional services, including:

  • the ability to use the Hinbor Platform to ask Vendor Data Capture Questions and store the resulting data; and

  • leasing hardware such as iPads, scanners and other devices to facilitate access control and registration at events, and payment processing systems such as mobile point of sale technology.

These Terms and Conditions shall apply to the additional services.

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9. YOUR DATA

You consent to Hinbor retaining and using any data that you provide to Hinbor, or which is obtained by Hinbor in connection with Your Events from third parties, in accordance with Hinbor’ Privacy Policy. If there is no charge for ticketing at Your Event, the purposes for which that data may be retained and used by Hinbor or its related entities include marketing in accordance with Hinbor’ Privacy Policy, unless this is prohibited by applicable legislation.

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10. CODE OF CONDUCT

You agree to adhere to the following code of conduct, in the creation and management of your Event Listing, ticketing and registration.

Your Listing Content must include a statement of the terms on which tickets are sold to buyers, and your Privacy Policy.  Your Privacy Policy must not be inconsistent with Hinbor’ Privacy , and you must comply with both Privacy Policies in the collection, storage, use and disclosure of User data.

All Listing Content, and your conduct in relation to the Event Listing, must comply with all applicable legislation, including applicable consumer protection laws based on the jurisdiction of Your Event.

You must not use the Hinbor Platform:

  • in a manner that is misleading or deceptive;

  • to infringe the intellectual property or other legal rights of any person or corporation;

  • to distribute or publish any material (including a Vendor Capture Question) which is obscene, defamatory, threatening or abusive, or which vilifies any group of persons, or to provide links to another website which contains such material;

  • for any purpose or activity, or in any manner which is unlawful, or to promote any such activity;

  • to access, store, distribute or use personal information in breach of any applicable legislation, Hinbor’ Privacy Policy or your Privacy Policy;

  • without Hinbor’ prior written agreement, to collect from Users any Sensitive Information;

  • to interfere with or disrupt Hinbor or its business, or those of users of the Hinbor Platform, or their computers, software or hardware, including by the propagation of computer worms and viruses; or

  • to access any computer or data without authorization.

Hinbor may remove Listing Content that it considers does not comply with these Terms and Conditions without prior notice to you.

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11. PAYMENTS

Hinbor supplies the Hinbor platform under a Software as a Service agreement.  The platform offers a suite of functionality including the ability to accept payments for ticket purchases, donations or other purchases for your event. In providing the ability to accept payments via Hinbor’ payment gateway, we are required to comply with the relevant taxation obligations as prescribed by all relevant taxing agencies, including the appropriate treatment of all sales taxes made via the platform (Please see Section 4 – Fees and Payments for more information).

Hinbor is able to collect payments by credit card via the Hinbor platform. You authorize Hinbor to deduct and retain from payments it collects:

  • Any amount owed by you to Hinbor;

  • If Hinbor considers that you have breached these Terms and Conditions, an amount it considers sufficient to compensate Hinbor for the breach;

  • If Hinbor considers that your conduct in relation to an event or the Hinbor Platform may expose Hinbor to a claim for payment from a third party (including a User), an amount it considers sufficient to meet the claim.

Hinbor will remit the balance of the payments it collects to you fifteen business days after the completion of the event. Your Event Listing must include enough information to permit the payment to be made by electronic funds transfer. Hinbor accepts no responsibility for recovery of lost funds as a result of incorrect banking details being supplied to us.

If Hinbor considers that any amount retained by Hinbor to meet possible claims is no longer required for that purpose, Hinbor will remit that amount to you.

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12. CHANGES TO AN EVENT OR TICKET

It is the responsibility of the Event Organizer to notify all Buyers of any material changes to an event or the ticket which they have purchased through the Hinbor Platform, including changes to the venue, program, performers, speakers, presenters, facilities, quantity of the remaining tickets available or total tickets on offer.

Event Organizers must not impose or purport to impose an additional entrance charge in respect of any ticket that has been sold through the Hinbor Platform.

Changes to the date or material changes to the time of an event must be treated as cancellations in accordance with paragraph 13.

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13. CANCELLED EVENTS

If you cancel an event for which you have created an Event Listing, you must notify Hinbor immediately. You must refund in full any payments made by Users in relation to that event (including any booking fee) or provided each User with an alternative remedy acceptable to that User (such as tickets to a rescheduled or other event) within five business days of the cancellation.  If you do not provide us with evidence that you have done so within ten business days of the cancellation, we may, (but are not obliged to) refund all or some payments made by Users in relation to that event on your behalf, and charge you an additional fee for that service.

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14. COPYRIGHT

Copyright in the Hinbor Platform (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by Hinbor.  Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act (R.S.C., 1985, c. C-42) and similar legislation which applies in your location, and except as expressly authorized by these Terms and Conditions or by Hinbor in writing, you may not in any form or by any means:

  • adapt, reproduce, store, distribute, print, display, perform, publish or create new works from any part of the Hinbor Platform; or

  • reverse engineer, decompile, or otherwise try to access the source code, user flows or application architecture of the Hinbor Platform.

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15. WARRANTIES AND LIMITATION OF LIABILITY

Hinbor does not give any express warranties in relation to the Hinbor Platform or the Services, including warranties that:

  • you, Vendors or Users will have continuous access to, or usage of the Hinbor Platform or the Services; or

  • data stored on Hinbor servers will not be lost or corrupted;

  • it will be possible to restore your data from Hinbor’ back up media; or

  • it will be able to prevent unauthorized persons obtaining access to the Hinbor Platform or your Event Listings.

Any condition or warranty which would otherwise be implied into these Terms and Conditions is excluded, unless it would be unlawful to do so.

Hinbor’ liability to you in relation to the Hinbor Platform, the Hinbor Website, the Services or these terms and Conditions on any legal basis is limited, to the extent it is lawful to do so, to one or more of the following:

  • the supplying of the Services again; or

  • the payment of the costs of having the Services supplied again.

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16. INDEMNITY

You agree to indemnify Hinbor from any claims, damages, costs, expenses and liabilities (including legal costs on an indemnity basis) arising out of or in connection with:

  • your breach of these Terms and Conditions;

  • any unauthorized disclosure or use of information obtained through use of the Hinbor Platform or an Event Listing by you, or a Vendor, or by use of your account by any person;

  • any contract between you and a User or a Vendor; or

  • Any amount paid by a User through your Event Listing that Hinbor is required to repay, including payments required by a credit card issuing institution because the payment was not authorized, was successfully disputed by the customer, was the result of fraud, or because the event was cancelled.

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17. SUSPENSION OF SERVICES AND ACCESS

Hinbor may from time to time without prior notice to you suspend the Services, deny you access to the Hinbor Platform, or delete your Event Listings if:

  • it is necessary to do so due to any technical failure of, or for the upgrading or preventative or remedial maintenance of Hinbor’ computer systems and software;

  • In Hinbor’ reasonable opinion, and in its sole discretion, your use of the Hinbor Platform or the Services, or your Event Content is unlawful;

  • without Hinbor’ prior written consent you collect, or engage in conduct that is likely to result in the collection of Sensitive Information from Users;

  • In Hinbor’ reasonable opinion, and in its sole discretion, it is required by law to do so; or

  • In Hinbor’ reasonable opinion, and in its sole discretion, your use of the Services or the Hinbor Platform adversely affects other Event Organizers or Users, or the integrity of Hinbor’ computer network.

Hinbor may, on giving you two business days’ notice, suspend your right to use the Hinbor Platform and the Services to create new Event Listings if you breach these Terms and Conditions. Access will not be reinstated until the breach is remedied if capable of being remedied, and any loss, damage, costs and expenses incurred by Hinbor in relation to the breach are compensated in full.

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18. TERMINATION

Hinbor, in its sole discretion, may terminate its agreement with you and your right to use the Hinbor Platform and the Services any time by giving you at least two weeks’ notice.  On termination or expiration of Hinbor’ agreement with you it may deactivate, delete or bar your access to your account. Hinbor may also delete all Event Content and files related to your account, unless you have an Event Listing for an event that has not yet taken place (Future Event Listing).  If you have any Future Event Listings, Hinbor will not delete them until seven business days after the event takes place, or until Hinbor is satisfied that the event will not take place on the date stated in the Event Listing on the day before notice is given.

Clauses 9, 11, 13 to 18 and 21 survive termination or expiration of your agreement with Hinbor.

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19. SUB-CONTRACTS

Hinbor may sub-contract the performance of its obligations under these Terms and Conditions without obtaining your consent.

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20. NOTICE

Any notice under these Terms and Condition shall be in writing.  We may deliver notices to you by receipted mail, or by email to your email address as provided by you to us from time to time. Notice will be treated as given:

  • in the case of postal delivery, on the date of delivery recorded by the postal authority;

  • in the case of email, on receipt by the sender of notification that the email has been received by the recipient’s email server,

It is your responsibility to notify us of any changes to your contact details.

Any notice from you to us shall be sent in writing to our email address info@hinbor.ca, or another email address notified by us to you.

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21. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of British Columbia and the laws of Canada applicable therein. Any and all disputes arising under this Agreement, whether as to interpretation, performance or otherwise, shall be subject to the exclusive jurisdiction of the courts of the Province of British Columbia and each of the parties hereto hereby irrevocably attorns to the jurisdiction of the courts of such province.

 

 

Contacting Us

For additional information pertaining to our terms and conditions, please contact:

 

Hinbor

info@hinbor.ca