General
Services (the “Service” or “Services”) offered by Peatix (the "Site") are administered using a platform provided by Peatix Inc. ("Peatix"). These Services are provided under the following Terms of Use Agreement ("Agreement") and pertinent individual provisions and guidelines (Agreement and pertinent individual provisions and guidelines are hereinafter referred to as “Agreements”).
Article 1 (Application of this Agreement)
This Agreement is a legal agreement for all Services of the Site, between Peatix and Members. This Agreement will be applied cumulatively together with the individual provisions and guidelines, and the individual provisions and guidelines constitute part of this Agreement. By using the Services of the Site, Members indicate that they have agreed to all sections of these Agreements as well as the Privacy Policy.
Article 2 (Terminology)
- "Member" or "Members" indicates an individual or group who has consented to these Agreements and registered as a Member of the Site.
- “Organizer” or “Organizers” indicate an individual or a Group that organizes an event or hosts a Group by using the Services.
- “Co-organizer” or “Co-organizers” refers to individuals within a Group who have been assigned with permissions to co-manage events organized by Organizers (Organizers and Co-organizers are hereinafter referred to collectively as “Organizers/Co-organizers”).
- “Attendee” or “Attendees” indicate a Member or Members that attend an event or join a community by using the Services.
- "Site Account" refers to the system that manages Transactions within the Site.
- "Event" or "Events" refer to an event created by using the Site.
- "Ticket" or "Tickets" refer to the QR Code that enables entry and attendance to Events created by using the Site.
- ”Group” or “Groups” refer to the aggregate unit of Members who have attended, or wish to attend Events organized by Organizers/Co-organizers.
- ”Paid Ticket” or “Paid Tickets” refer to the paid tickets published by Organizers/Co-organizers by using the Site.
- ”Free Ticket” or “Free Tickets” refer to the free tickets published by Organizers/Co-organizers by using the Site.
- "Transaction" or "Transaction" refer to the action of purchasing Paid Tickets or getting Free Tickets , or reselling tickets through Resale Service (defined in Individual Terms of Services for Resale), and the use of Subscription Service by Members of the Site.
- Individual Terms of Services refers to Individual Terms of Services for Attendees (hereinafter “TOS for Attendees”), Individual Terms of Service for Event Organizers/Co-organizers (hereinafter “TOS for Event Organizers/Co-organizers”), and Individual Terms of Service for Resale (hereinafter “TOS for Resale”).
Article 3 (Role of Peatix)
- Peatix provides a platform where Organizers and Attendees conclude transactions and settle payments. Peatix bears no liability on the actual transactions between Organizers and Attendees. Therefore, upon completion of the transaction in accordance with Article 3 of the Individual Terms of Service for Attendees, an agreement is made between the Organizer and Attendee.
- The Organizer shall authorize Peatix (or an affiliated subsidiary of Peatix) to receive the ticket price paid by the Attendee on behalf of the Organizer.The Attendee’s obligation to pay the ticket price under the on the contract concluded between the Organizer and the Attendee shall be deemed to have been completed when Peatix (or an affiliated subsidiary of Peatix) receives such ticket price from the Attendee on behalf of the Organizer.
The authority to accept payment on behalf of the Organizer shall be granted to Peatix Japan K.K. if the Organizer is located in Japan, Peatix Inc. if the Organizer is located in the U.S., Peatix Malaysia Sdn. Bhd. if the Organizer is located in Malaysia, or Peatix Asia Pte. Ltd. if the Organizer is located in any other country. - The provisions of the preceding paragraphs 1 and 2 shall not apply to those that allow registration or ticket purchase through a site other than Peatix.
- In the event of a dispute between a Member as Organizer and another Member or between Members (including refunds in the event that an event is canceled), the dispute shall be resolved between the Members concerned and Peatix shall not be held liable.
Article 4 (Membership, and Member Registration, and Member’s Obligations)
- Individuals who have given their consent to this Agreement and have completed the prescribed membership application will be granted Membership after completion of the prescribed registration procedures.
- Member Registration should be carried out by the person applying to be a member him or herself. Registration by a representative will not be recognized. Additionally, persons younger than 13 years of age cannot register to be Members of the Site. Minors require parental consent before Member Registration. Member Registration by Minors above 13 years of age is treated as registration with parental consent.
- In the event a Member is inquired by Peatix or any other Member regarding the information registered or Events published on Peatix, such Member should immediately respond to such inquiry.
- The membership for Furthermore, those who have previously had their Membership revoked or have been judged unfit for Membership by Peatix may be refused.
Article 5 (Entering Member Information)
When registering as a Member, please accurately enter all necessary information in the prescribed entry form.
Article 6 (Managing Username and Password)
Members should take responsibility for the management of their Username and Password, such as by changing them periodically to prevent them being found out by others. When the entered Username and Password are confirmed by the prescribed method to be the same as those registered, this will be viewed as the Member having logged in, and even if it is actually usage by someone other than the Member due to theft or unauthorized use, Peatix will not be held responsible for any resultant damages.
Article 7 (Changing Registered Information)
When any of your registered information changes, please update it as soon as possible. Peatix will not be held responsible for any damages resulting from out of date information. Also, even when your information has been updated, Transactions processed before the update will be carried out based on the old information.
Article 8 (Canceling Membership)
When a Member wishes to cancel their Membership, they should promptly apply for cancellation with the exception of a Member being an Organizer who has a published and un-finished event. Once the prescribed Membership cancellation procedures have been completed, Membership will be considered cancelled.
Article 9 (System Environment)
- The Member bears responsibility to properly prepare, set up, and operate the equipment, software, and Internet necessary to use the Services at their own cost.
- Peatix bears no responsibility for the Members’ accessibility of the Site and the Services.
Article 10 (Peatix's Liability Limitations)
- Peatix bears no responsibility for system down time, slowing or data losses due to damages to telecommunication lines or computers, damages resulting from unauthorized access to data, or any other damages suffered by Members related to use of this Service. Provided, however, that this shall not apply in the case where damage was made on purpose or results from a critical fault of Peatix.
- Peatix does not guarantee that e-mail contents sent from Peatix's web page, server or domain are free of harmful viruses or any other programs that harm the Members’ computer or devices. Peatix bears no responsibility for the damages suffered by Members that can be attributed to email contents which include such harmful programs.
- Peatix will from time to time provide information or advice to Members, but Peatix takes no responsibility for said information or advice.
- Peatix will bear no responsibility for any damages resulting from a Member violating this Agreement.
- Peatix will bear no responsibility for the contents of Events shared by this Site.
- Peatix will bear no responsibility for the usability, compatibility, integrity, accuracy, safety, legality, concurrence of any information provided through the Site and the Services including emails and external sites linked from the Site which is managed by third parties.
- Peatix does not guarantee that no bug, error, failure or any other trouble will occur for the Services.
- Peatix will bear no responsibility for any damages resulting from the usage of the Services or inability to use the Services, regardless of the damages being direct or indirect, monetary or mental. Provided, however, that this shall not apply in the case where damage was made on purpose or results from a critical fault of Peatix.
- Any trouble or dispute between the Members or between the Member and another third party regarding the Services must be resolved between them, and Peatix bears no responsibility.
- Peatix may delete the information which Organizers collected through the Service in accordance with the guideline designated by Peatix. Such information includes personal information such as address, phone number, company name, title, which is obtained by Organizers through the form created by Organizer as needed. Peatix will bear no responsibility for any damages resulting from such deletion.
- Except as otherwise provided for in these Agreements, in the event that a Member, Organizer/Co-organizer, or other user of the Services (including agents as set forth in Article 10, Paragraph 6 of the Individual Terms of Service for Event Organizers/Co-organizers, hereinafter collectively referred to as the "Users") suffers damages as a direct result of a breach by Peatix of its obligations under these Agreements, Peatix shall compensate only for ordinary and direct damages actually incurred (excluding damages arising from reasons beyond control of Peatix or from negligence, damages arising from special circumstances whether foreseen by us or not, and lost earnings), and the aggregate amount of such compensation shall be limited to the total amount of the relevant service fees for the Services directly related to the occurrence of such damages. Provided however that, if the contract between the Users and Peatix under these Agreements constitute a “Consumer Contract” as defined in the Consumer Contract Act of Japan, and if Peatix is negligent, the limitation of the amount of compensation shall not apply, and if Peatix is willfully or grossly negligent, all limitations of liability provided above shall not apply.
Article 11 (Prohibitions)
Members must not engage in the following acts in connection with the usage of this Site:
- Violating the law, Guideline, these Agreements, warnings from Peatix or this Site, or any other agreement.
- Violating the rights of or degrading Members or other third parties.
- Actions that may negatively affect the physical and mental well-being of minors.
- Promoting sexual exploitation of children, including child sexual abuse, child pornography, child prostitution, and photoshooting events targeted at children under the age of 18.
- Distributing or submitting harmful computer programs or e-mails.
- Lending or giving an username and password to a third party, or sharing an username and password with a third party.
- Unauthorized reproduction, transmission or distribution of all or part of provided information to third parties.
- Using the Site for activities related to elections for public office at any time.
- Actions that may violate intellectual property rights such as copyrights, trade mark rights or Peatix or other third parties.
- In addition to the one prescribed by the preceding paragraph, actions that may violate the property rights, privacy, portrait rights, or any other rights of Peatix or other third parties.
- Posting images or videos that expose nudity, genitalia, or nipples; or conducting events containing or aimed at sexual acts, sexually explicit conduct, sexual contact, sexual massage, stripping, or other sexually stimulating events, that may cause sexual arousal, stimulation, or sexual embarrassment.
- Action that may violate social ethics, public order, and standards of decency.
- Intentionally registering false information such as name, address, phone number, or email address of themself or another person.
- Posting false or inaccurate information regarding the event.
- Posting questions or complaints regarding the accuracy of the feature or information of the Services.
- Using the Services for a purpose unintended by Peatix.
- Engaging in hateful conduct, harassment and other misconduct against Peatix or other third parties.
- Actions that may lead to or has the risk of leading to crimes such as fraud, abusage of controlled substances, prostitution, or money laundering.
- Soliciting customers to transactions other than the Services by indicating preferential treatment or by any other method.
- Advertising products or services unrelated to an event or to attempt to increase the number of visitors to or attract attention to a website unrelated to the event.
- Collecting personal information or other information under the pretense of hosting an event.
- Directing users to sites that spread harmful software, attempt to collect personal information, or otherwise adversely affect users.
- Other instances otherwise deemed inappropriate by Peatix.
Article 12 (Handling of Member Information)
Member information will be managed by Peatix in accordance with Peatix's Privacy Policy. Peatix will consider Member information as something that can be used by Peatix for the purposes of providing Service to Members, improving the quality of the Service, promoting the Service (including direct e-mails), and to ensure the well-rounded and smooth operation of the Service. This applies to all Member information provided at the time of Member Registration.
Article 13 (Suspension of Use or Revocation of Membership for Specific Members)
If it is determined that any of the following are applicable to a specific Member, Peatix may without prior notice suspend service, change the Member's username and password, or revoke the Membership of the applicable Member. Peatix will not bear any responsibility for any resultant damages.
- Actions that violate the law or these Agreements.
- Inappropriate or unauthorized use of the service by a Member.
- Issues with security and protection such as multiple incorrect password entries.
- Using another Member's username and password.
- Publishing or broadcasting another Member's content without prior permission.
- Misrepresentation of facts in the registration information by a Member.
- When there are reasonable grounds to suspect the existence of any of the facts listed in Items 1 through 6.
- When otherwise deemed appropriate by Peatix.
Article 14 (Suspension, Alteration or Abolishment of the Service)
Peatix may suspend, alter or abolish part of or the entirety of the Service at their discretion. Peatix will not bear any responsibility for any resultant damages.
Article 15 (Re-entrustment)
Peatix can re-entrust part of or the entirety of the Services specified in these Agreements to third parties.
Article 16 (Handling of Personal Information)
Peatix will handle personal information pertaining to Members according to the Privacy Policy (provided separately), and Members shall use the Services upon agreeing to such Privacy Policy.
Article 17 (Advertising Placement)
Peatix may display advertisements on this Site that it determines to be appropriate. Peatix will bear no responsibility for any damages to Members or third parties resulting from advertisements displayed on the Site.
Article 18 (Revisions to these Agreements)
Peatix may, at its discretion, revise these Agreements in the following cases:
- in the event any revisions to these Agreements conform to the general interests of Members; or
- in the event any revisions to these Agreements do not violate the purpose of using the Site, and the necessity of such revisions and the appropriateness of such revised contents are reasonable in light of the details of such revisions and other circumstances pertaining to such revisions.
- When revising these Agreements as set forth in the preceding paragraph, Peatix shall post a statement of the revisions to these Agreements and the contents of these revised Agreements and the effective date thereof on the Peatix's website (https://help-attendee.peatix.com/en/support/solutions/articles/44001967074 ) or notify the Member by e-mail in principle one (1) month prior to the effective date of these revised Agreements.
- In the event any Member uses the Site after the effective date of these revised Agreements, such Member shall be deemed to have agreed to the revisions to these Agreements.
Article 19 (Peatix’s Representations and Warranties)
Peatix represents and guarantees that we (including our officers and employees) do not and will not in the future apply to Organized Crime Syndicates etc. (as defined in Article 13 of the Individual Terms of Service for Event Organizers/Co-organizers) or to any of the sections below. Peatix is also deemed to confirm that we will not make any action that falls into any of the items listed in Section 2 by ourselves or by using other third parties. Peatix hereby warrants and guarantees that we will not engage in the following activities, either directly or through an intermediary:
- Operating an entity having such relationship with Organized Crime Syndicates etc. that shows their control over the entity’s management.
- Operating an entity having such relationship with Organized Crime Syndicates etc. that shows their substantial involvement in the entity’s management.
- Operating an entity having such relationship with Organized Crime Syndicates etc. that shows reliance on Organized Crime Syndicates etc. for the purpose of unfairly benefiting oneself, one’s own company or third parties or of damaging third parties.
- Operating an entity having such relationship that shows provision of funds or facilities to Organized Crime Syndicates etc.
- Operating an entity of which Board members or people substantially involved in its management have socially condemnable relationship with Organized Crime Syndicates etc.
Peatix hereby warrants and guarantees that we will not engage in the following activities, either directly or through an intermediary:
- Claims made with forceful behavior and acts of violence.
- Unjust claims exceeding legal responsibilities.
- Use of threatening action or statements, or violent acts and behaviors in connection with any transaction between the parties.
- Acts and behaviors which may damage the credit or obstruct the business of the bank by spreading false rumors or the use of fraudulent means or by force.
- Other acts and behavior equivalent to the above howsoever described.
Article 20 (Severability)
If any provision of these Agreements or part thereof is determined to be invalid or unenforceable under the Consumer Contract Act of Japan or other laws or regulations, the remaining provisions of these Agreements, and the remainder of any provision that is determined to be invalid or unenforceable in part, shall remain in full force and effect.
Article 21 (Language, Governing Laws and Jurisdiction)
The language, governing law and jurisdiction of these Agreements shall be as follows:
- For any disputes arising out of or in connection with Events conducted in Japan (including online events held by Organizers in Japan), the Japanese version of these Agreements shall apply and, the laws of Japan shall govern these Agreements. In this case,any controversy or claim resulting out of or relating to these Agreements shall be settled in the District Court of Tokyo for the first instance.
- For any disputes arising out of or in connection with Events conducted outside of Japan (including online events held by Organizers outside of Japan), the English version of these Agreements shall apply and, the laws of the State of New York, United States of America shall govern these Agreements. In this case, any controversy or claim resulting out of or relating to these Agreements shall be settled in the federal or state courts of New York, USA.
Individual Terms of Service for Attendees
Article 1 (Usage of Services)
- Individual Terms of Services for Attendees (“TOS for Attendees”) is ancillary to the Agreement provided by Peatix, and is applicable to all matters relating to the usage and operation of the Services between the Member and Peatix when the Member orders the Free Ticket or purchases a Paid Ticket. Members shall be deemed to have reviewed and agreed to the TOS for Attendees when using the Services. By ordering a Free Ticket or purchasing a Paid Ticket, Members indicate that they have agreed to all sections of this TOS for Attendees. Unless otherwise defined, definitions of the terms used in this TOS for Attendees are the same as those defined in this Agreement.
- Peatix reserves the right to modify the TOS for Attendees without the consent of users. Unless otherwise specified, post-modification TOS for Attendees will be effective the moment it is displayed on the Site. In case the user uses the Services after the modification of TOS for Attendees becomes effective, users are deemed to have agreed to all sections of the modified TOS for Attendees.
Article 2 (Pricing of Tickets)
By using this Service, Event Organizers/Co-organizers create Events and Tickets related to such Events, and delegate the sales of the Tickets to Peatix. The number and price of Tickets on sale are determined by the Event Organizer. Pricing of Paid Tickets displayed on this Site are tax included.
Article 3 (Ticket Order and Transaction)
In order to purchase a ticket, Users shall confirm and accept the Agreement and the Privacy Policy set forth by Peatix in advance, and place a ticket order in the manner prescribed by Peatix. The transaction is considered complete when a ticket order confirmation email is sent by Peatix, and an agreement for the transaction regarding the services for such ticket between the Organizer and those User who made the ticket order is made upon completion of the transaction. Tickets shall be displayed digitally in the smartphone applications provided by Peatix for Attendees or electronically in the designated page on the Site. Peatix bears no responsibility for the delay of ticket receipt by the Member or any resultant damage caused by reasons attributable to the Member including incorrect information provided in the order process.
Article 4 (Contact About the Event)
Attendees are deemed responsible for directly contacting the event Organizers/Co-organizers for any questions about the event, and Peatix takes no part in this.
Article 5 (Ticket Return, Cancellation)
Due to the nature of the product, in principle, tickets ordered or purchased by the Attendee (excluding Resale Ticket Buyer defined in Section 3 of Article 4 of Individual Terms of Service for Resale) cannot be returned or canceled except for the cases described below:
- Attendee (buyer) requested the Organizer/Co-organizers for the return or cancellation of the ticket before the date of the event and the Organizer/Co-organizers accepted such request.
- Attendee (buyer) ordered or purchased ticket through Resale Service in accordance with the Individual Terms of Service for Resale.
In case the ticket was canceled and returned for reasons specified under (i) of preceding paragraph,
Cancellation fee specified by Peatix will be charged to the Attendee for cases below:
- More than 50 days have passed since the Attendee placed order by credit card.
- Attendee placed order through Convenience Store or ATM.
Notwithstanding Section 1, tickets will be cancelled and the Attendee will get a full refund in cases below. In such case, Cancellation fee will not be charged to the Attendee.
- Event was cancelled and the Organizer/Co-organizer cancelled the event in a method specified by Peatix.
Article 5-2 (Mandatory Ticket Cancellations)
- Notwithstanding the provisions of Article 5, if a ticket purchased by an Attendee is suspected to have been purchased by fraudulent means, Peatix will forcibly cancel the ticket. Fraudulent means shall include, but is not limited to, cases where Peatix's own fraud detection system suspects fraudulent use of a credit card, or where the person who used a credit card suspected of fraudulent use is suspected of using another credit card.
- Cancellation of a ticket under the preceding paragraph will result in such Attendee not being able to participate in the event, for which Peatix shall not be liable.
Article 6 (Liabilities and Refunding upon Event Cancellation)
Peatix bears no responsibility including notification if an Event is cancelled due to circumstances related to the Organizer/Co-organizer. Provided, however, the purchase amount of Tickets will be refunded if the Organizer canceled the event in a method specified by Peatix. . When refunding due to Event cancellation refunds will be conducted through each respective credit card company if the ticket was purchased by credit card, or through bank transfer if purchased at a convenience store/ATM.
Article 7 (Prohibition on Reselling Tickets)
Tickets that have been purchased can not be resold or provided to a third party for reselling purposes. If it is determined that a ticket has been resold, the ticket may be nullified without any refunding with entry into an Event denied. Peatix also may cancel an account if it determines to do so. Peatix will not bear any responsibility for tickets purchased anywhere besides the service including and not limited to other sites or services, ticketing shops or scalpers.
Article 8 (Distribution of coupon for Attendees)
Peatix may distribute and post coupons and advertisements (“Attendee Coupon” or “Attendee Coupons”) to the Attendees which are provided by Peatix or other third party companies and shops. Below provisions are applied to the Attendee Coupons:
- Attendee Coupons are distributed and posted in the emails and smart phone application for Attendees provided by Peatix in the Site.
- Attendee Coupons are viewed and used at the discretion of the Attendees.
- Peatix bears no responsibility for the damages incurred by Attendees or other third parties resulting from viewing or using the Attendee Coupons.
Article 9 (Subscription Service)
The Service provides a feature which enables Organizers, regardless of whether the Organizer holds an event, in consideration for providing services for creating and developing communities, to collect membership subscription fees on a monthly or annual basis or support funds for the continuation of activities of the community from the Members.
- Peatix will take no part, and the Organizers are deemed responsible for determining the policies including the amount, charge frequency, refund, and purpose of the membership subscription fee or support fund.
- Peatix bears no responsibility for the content of the services provided by the Organizer as a compensation for the membership subscription fee or support fund. For any questions regarding such matter, please contact the Organizer directly.
- Peatix bears no responsibility for sending notifications on the changes made to the community activity, description, services provided, and agreement. For any questions regarding such matter, please contact the Organizer directly.
- Peatix bears no responsibility for refunding membership subscription fees or support funds to the Attendees in case the community activity subject to charge is discontinued for any reason. For any questions regarding such matters, please contact the Organizer directly.
Individual Terms of Service for Event Organizers/Co-organizers
Article 1 (Usage of Services)
- Individual Terms of Services for Event Organizers (“TOS for Organizers/Co-organizers”) is ancillary to the Agreement provided by Peatix, and is applicable to all matters relating to the usage and operation of the Services between the Member and Peatix when the Member creates the event page and tickets. Members will check and agree to the TOS for Organizers/Co-organizers and TOS for Attendees. When using the Services, Members indicate that they have agreed to all sections of these Agreements, and the contract between Peatix and the Member is deemed to have been concluded. Unless otherwise defined, definitions of the terms used in this TOS for Organizers/Co-organizers are the same as those defined in these Agreements.
- Peatix reserves the right to modify the TOS for Organizers/Co-organizers without the consent of Members. Post-modification TOS for Organizers/Co-organizers will be effective the moment it is displayed on the Site. In case the Member uses the Services after the modification of TOS for Organizers/Co-organizers becomes effective, Members are deemed to have agreed to all sections of the modified TOS for Organizers/Co-organizers.
- Organizers may at their discretion, designate Co-organizers from its Group members who will enjoy certain permissions to co-manage the Group. Organizers may designate up to two Co-organizers within each Group, or up to a number that the Peatix agrees to separately. The designation of such Co-organizers shall be executed in full responsibility by the Organizer, and the Peatix will not bear any responsibility or liability for any and all disputes that arise between the Organizer and Co-organizers.
Article 2 (Personal Information)
- All Organizers/Co-organizers must act responsibly in the handling of Personal Information obtained through Peatix and its Services, and must not act in violation of the Act concerning Protection of Personal Information as Personal Information Handling Business Operator and/or any other obligations under applicable laws. Peatix will not be responsible for any agreements made directly between users outside of the Site. Users may not enter into any agreements that violate these Agreements.
- In case Peatix provides Organizers/Co-organizers the name and email address of Attendees who are attending their event, Organizers/Co-organizers shall only use such Attendee name, nickname and email address for the purpose of and within the scope of managing Attendees or other necessary occasion for their event.
- The Organizer/Co-Organizer may collect personal information such as name, e-mail address, address, telephone number, company name, title, and other personal information that the Organizer/Co-Organizer deems necessary (hereinafter referred to as "Participant Information Deemed Necessary by Organizer") from participants through a questionnaire form that the Organizer/Co-Organizer creates on the event page for the relevant event. In such cases, the Organizer/Co-Organizer shall disclose the purpose of use of such information and the terms and policies (if any) regarding the handling of personal information by the Organizer/Co-Organizer before obtaining such information. The Organizer/Co-Organizer shall use the Participant Information Deemed Necessary by Organizer only for such purposes, and shall handle the Participant Information Deemed Necessary by Organizer in compliance with the Act on the Protection of Personal Information and other applicable laws.
Article 3 (Creation and Publishing of Events and Tickets)
Organizers shall publish Events and issue Tickets using the Service. Peatix holds no responsibility or liability for the contents of the Events. Responsibility for paying the consumption tax on ticket sales is held by the Event Organizers. If any of the Events provided to Attendees do not conform to the the contract between the Organizer and the Attendees (“Non-Conformity”) , or if any claims from Attendees arise as a result of Non-Conformity, the Organizer shall deal with the Attendees in good faith at its own responsibility and expense and Peatix shall not be held liable. However, Peatix reserves the right to, at our discretion, determine and handle complaints from the Attendee on behalf of the Organizer without any advance notice to the Organizer. Peatix reserves the right to, and the Organizer agrees to, charge the Organizer any cost Peatix incurred to handle such complaint and the Organizer compensate for such charge.
Article 4 (Disclosure for Published Event)
The Organizer is deemed responsible for disclosing the following when publishing an event through the Services to the Attendees.
- Organizer is an online merchant selling Paid Tickets for Paid Event through Peatix payment platform and under Peatix trade name.
- Tickets paid by credit card through this online selling is a prepaid credit of Peatix between Peatix and the Attendee, and not a payment claim between the Organizer and the Attendee.
Article 5 (Customer Support)
- Organizer is deemed responsible for promptly responding to contacts from Peatix, Attendees, or other third parties regarding the information registered through the Site or the Service.
- If the Organizer neglects its responsibility to respond to contacts from Peatix, Attendees, or other third parties, and Peatix determines that it will harm the operation of the Service, Peatix will respond to the contact on behalf of the Organizer regardless of the Organizer’s will.
Article 6 (Review and Prohibition of Events)
When the Organizer/Co-organizer publishes an Event which accepts orders for Free Ticket or Paid Ticket, Peatix reserves the right to review the content of the event based on the guideline specified in these Agreements. Peatix reserves the right to prohibit a Member from using the Service, changing a Member's username and/or password or deleting a Member's account or canceling an Event without prior notice if a created Event or action by a Member is considered to qualify for any of the following. Peatix bears no liability or bears no responsibility for any losses incurred by the Member as a result of these actions.
- Actions that violate the law or these Agreements.
- Inappropriate or unauthorized use of the service by a Member.
- Events for the purpose of recruiting membership for a particular ideology or religion.
- Events that violate public order and morality, such as for the purposes of conducting sexual and obscene acts or seeking encounters with strangers of the opposite sex.
- Events containing images or videos that expose nudity, genitalia, or nipples; or events containing or aimed at sexual acts, sexually explicit conduct, sexual contact, sexual massage, stripping, or other sexually stimulating events, that may cause sexual arousal, stimulation, or sexual embarrassment.
- Events promoting sexual exploitation of children, including child sexual abuse, child pornography, child prostitution, and photoshooting events targeted at children under the age of 18.
- Events that include false or inaccurate information or the information is insufficient to confirm the contents of the event.
- Events that violate the rights and honor of the Members or other third parties.
- Events that post or send harmful computer programs or emails.
- Events that provide part or entirety of the information provided on the Site or through the Services to a third party by methods such as copy, reproduction, sending, transferring, distribution, without prior approval from Peatix.
- Events that include actions equal or similar to an election campaign, regardless of whether or not during the election period.
- Events that include actions that may violate intellectual property rights such as copyrights, trade mark rights of Peatix or other third parties.
- In addition to the action prescribed in the preceding paragraph, events that include actions that may violate the property rights, privacy, portrait rights, or any other rights of Peatix or other third parties.
- Events that include postage of questions or complaints regarding the accuracy of the feature or information of the Services.
- Events using the Services for a purpose unintended by Peatix.
- Events that create a nuisance to Peatix or other third parties.
- Events that may lead to or has the risk of leading to crimes such as fraud, abusage of controlled substances, prostitution, or money laundering.
- Events that solicit customers to transactions other than the Services by indicating preferential treatment or by any other method.
- Events that advertise products or services unrelated to the Event or to attempt to increase the number of visitors to or attract attention to a website unrelated to the Event.
- Collecting personal information or other information under the pretense of hosting an Event.
- Events that direct users to sites that spread harmful software, attempt to collect personal information, or otherwise adversely affect users.
- Other instances otherwise deemed inappropriate by Peatix.
Article 7 (Cancelling Events)
Cancellations of Events before event end dates must be conducted and processed through the method specified by Peatix. When and if an Event is cancelled by the Organizer, an email will be automatically sent to ticket purchasers to the Event, and any and all tickets to the Event will be voided immediately. The Organizer shall subsequently pay to Peatix the cancellation fees specified by Peatix via PayPal. Peatix shall concurrently refund the full amount of ticket purchases to all ticket buyers.
Article 8 (Application and Internet Connection)
In order to check in attendees to an Event at the venue, the Event Organizer must either use a PC or iPhone / Android smartphone with the Peatix iPhone/Android app, connected to the internet. The Event Organizer bears all responsibility for providing a supported device and being in an environment where the device can connect to the Internet. Peatix bears no responsibility for the disabilities in attendee management through applications provided by Peatix or the Site caused by disorder in internet connection, computer, or server.
Article 9 (Payouts)
- Events held in Japan, Singapore, Malaysia, Hong Kong, United States, Canada and Australia
If and when and Organizer has conducted an Event with Paid Tickets, Peatix shall determine ticket sales to such Event less processing fees applied by Peatix (“Payout Amount”) after confirming that the Event has been properly conducted under the terms of this Agreement. Upon confirmation, Peatix will then transfer the Payout Amount to a bank account designated by the Organizer on the Site within five (5) business days.
For Hong Kong, Canada and Australia, the Organizer needs to register their bank account details at the latest within 7 days after the first Paid Ticket is sold. If the bank account details are not registered within 7 days, Ticket sales will automatically be suspended for the event. Payment processing services for Organizers for events held in Hong Kong, Canada and Australia on Peatix are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to this agreement or continuing to operate as an Organizer on Peatix, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Peatix enabling payment processing services through Stripe, you agree to provide Peatix accurate and complete information about you and your business, and you authorize Peatix to share it and transaction information related to your use of the payment processing services provided by Stripe. - Events held in other countries
After 5 business days from the date which Peatix confirmed that the organizer has held the event with Paid Ticket(s), Peatix will transfer the Payout Amount to the PayPal account designated by the Organizer in the Site. - For All Countries
If the Organizer does not have the bank account information (or PayPal account email address) registered on the Site, Peatix will not make payout until we acquire such information. Peatix bears no responsibility for the delay of payout and resultant damage caused by erroneous bank account information (or PayPal account email address).For the avoidance of doubt, no payment will be made in the event that Peatix, at its own discretion, suspends the Service, cancels the membership of the Member, or suspends or deletes the Event in accordance with Article 6, and in such event, the Payment Amount will be refunded to the participant. - If the amount of the ticket sales price is less than the amount of the processing and other fees, Peatix may, at its own discretion, withhold the payment of the ticket sales price without notifying the Organizer. In this case, the Organizer is not required by Peatix to pay such fees.
Article 9-2 (Handling of Mandatory Canceled Tickets)
- If a ticket purchased by an Attendee is suspected to have been purchased by fraudulent means, Peatix will forcibly cancel the ticket. In such case, Peatix will notify the organizer to that effect and will not disburse the ticket sales proceeds in accordance with the provisions of Article 9.
Fraudulent means shall include, but is not limited to, cases where Peatix's own fraud detection system suspects fraudulent use of a credit card, or where the person who used a credit card suspected of fraudulent use is suspected of using another credit card. - The organizer will not receive the sales price of the ticket due to the cancellation of the ticket in the preceding paragraph, for which Peatix shall not be liable.
Article 10 (Event Promotion Service)
Peatix and its subsidiary, Peatix Japan K.K., provides an event promotion service (“Promotion Service”) which supports Organizers/Co-organizers to promote their events created through the Site. If the Event is selected to be hosted in Japan, Peatix Japan K.K. will be the contracting entity, and for all other Events, Peatix Inc. will be the contracting entity for the relevant Promotion Service (hereinafter in this Article only, "Peatix" shall refer to either Peatix Japan K.K. or Peatix Inc. as the case may be, depending on the context). Promotion Service is a service through which Peatix announces the events published by the Organizer/Co-organizer on the Site by sending emails to the Members and posting on the smart phone application provided by Peatix or on the web site. Below provisions are applied to the Promotion Service.
- When an Organizer/Co-organizer wishes to use the Promotion Service, they shall sign-up with Peatix through the settings on the management screen of the Site or the smartphone application provided by Peatix, or through a Peatix sales representative.
- Peatix will determine at its discretion whether to approve the Organizer/Co-organizer to use the Promotion Service for their Event, and only the approved Event (“Approved Events”) shall be entitled to use the Promotion Service.
Signing-up through the settings
- The specific details, conditions, and fees for the Promotion Service (”Terms and Fees”) shall be provided by Peatix on the Site or the smartphone application provided by Peatix to the Organizer/Co-Organizer of the relevant Event. Organizer/Co-Organizer shall only sign-up for the Promotion Services if they agree to the Terms and Fees.
- Based on the agreement regarding the application made between the Organizer/Co-organizer and Peatix, Peatix will announce the Approved Event through email distribution to other Members (“Email Boost”) or postage on the Site and the smartphone application (“Tag Boost”) provided by Peatix.
- The Organizer/Co-Organizer who has applied for the Promotion Service through the settings on the management screen shall agree to make payments of fees according to the details of the application.
Signing-up through a Peatix Sales Representative
- Organizer/Co-origanizer may apply for fixed-fee type Promotion Service (namely, Email Boost and Tag Boost services) or performance fee type Promotion Services which meets certain conditions determined by Peatix through a Peatix sales representative.In such case, the Organizer/Co-organizer shall request a cost estimate through a Peatix sales representative, and when the order confirmation from Peatix is sent to the Organizer/Co-organizer, it shall be deemed that Peatix and the Organizer/Co-organizer have reached an agreement on the specific orders and fees for the Promotion Service.
- Peatix shall send an invoice to the Organizer/Co-organizer for the fee of the Promotion Services which shall be issued at the end of the month in which the relevant service period ends (“Closing Date”). The Organizer/Co-organizer shall pay the invoiced amount by wire transfer to the bank account designated by Peatix no later than the last day of the month following such Closing Date (or the last business day of the month if such date falls on a Saturday, Sunday, or bank holiday). Bank transfer charges shall be borne by the Organizer/Co-organizer.
- Information regarding the Promotion Service including figures, estimation, effect, performance, or result presented in written, verbal, or in any other method are only for reference, and Peatix does not guarantee that the Organizers/Co-organizer can achieve the same. Organizers/Co-organizers who wish to use the Promotion Service are deemed to have acknowledged this prior to using the Promotion Service, and cannot make complaints or any other objections regarding the result.
- If a person who has not registered as a Member wishes to apply for the Promotion Service as an agent of the Organizer/Co-organizer, he/she shall confirm that these Agreements shall be applied or applied mutatis mutandis in accordance with his/her position as an Event Organizer and shall comply with these Agreements.
Article 11 (Attendee Coupon)
Peatix may distribute and post coupons and advertisements (“Attendee Coupon” or “Attendee Coupons”) to the Attendees which are provided by Peatix or other third party companies and shops. Below provisions are applied to the Attendee Coupons:
- Attendee Coupons are distributed and posted in the emails and smartphone application for Attendees provided by Peatix in the Site.
- Peatix reserves the right to distribute and post Attendee Coupons which Peatix determined as appropriate without prior notice to the Organizer/Co-organizer.
- Peatix reserves the right to stop the distribution and postage of Attendee Coupon at our discretion.
- Organizers/Co-organizers cannot make complaints or any other objections regarding the distributed or posted Attendee Coupons.
- Peatix bears no responsibility for the damages incurred by Organizer/Co-organizer or other third parties resulting from distributing and posting Attendee Coupons provided by third party companies and shops.
Article 11-2 (Prohibition of Donation Tickets)
- By using the Service, the Organizer may not issue Tickets for the purpose of soliciting donations. Provided, however, if the Organizer is an incorporated legal entity and the event page clearly states that goods or rights provided in paragraph 2 of this Article (including, but not limited to, thank-you gifts related to the Event, rights to view videos, etc.) will be given in exchange for the donation, it may solicit donations in conjunction with the Event being held on Peatix. Further, the Organizer shall comply to all applicable laws and regulations for soliciting donations,
Items that can be given in exchange for the donation are the following:
- Right to participate in the Event
- Event-related thank-you gifts
- Video viewing rights related to the Event
- Other items similar to the above
- Newsletter subscriptions, thank you emails, subscription to email lists, etc. are not considered compensation.
Article 12 (Subscription Service)
By using the Service, Organizers, regardless of whether the Organizer holds an event, may collect membership subscription fees or support funds for the continuation of activities of the community, from the Members on a monthly or annual basis in consideration for providing services for the formation and development of the community. Peatix collects these membership subscription fees or support funds and transfers the funds to the Organizer after deducting of the relevant fee specified by Peatix. Following provisions shall be applied to the Subscription service:
- When using the Subscription Service, the Organizer will, in addition to these Agreements, present a separate terms of services to the Attendee which they are required to obtain Attendee’s agreement.
- Membership subscription fees or support funds which Peatix collects during the period of using Subscription Services will be transferred to the bank account specified by Organizer after deducting the relevant fee specified by Peatix at month-end-closing, next month-end payment term.
- Peatix will take no part, and the Organizers are deemed responsible for determining the policies including the amount, charge frequency, refund, and purpose of the membership subscription fee or support fund.
- Peatix bears no responsibility for the content of the services provided by the Organizer as a compensation for the membership subscription fee or support fund.
- Peatix bears no responsibility for the damages incurred by Organizer or other third parties resulting from distributing and posting Attendee Coupons provided by third party companies and shops.
- Peatix bears no responsibility for refunding membership subscription fees or support funds to the Attendees in case the community activity subject to charge is discontinued for any reason. Peatix will not refund any fee for collecting the membership subscription fees or support funds.
Article 13 (Representations and Warranties)
Organizers are deemed to represent and guarantee to Peatix that they (including the Organizer’s managements and employees) and any Co-organizers do not and will not in the future apply to organized crime syndicates, direct members of organized crime syndicates or its associates, persons who ceased to be a member of organized crime syndicates until less than 5 years ago, companies or organizations related to organized crime syndicates, corporate racketeers, social movements such as advocating grounder or special intelligence violence groups such as other parties of similar to these (“Organized Crime Syndicates etc.”) or to any of the sections below. Organizers are also deemed to confirm to Peatix that they will not make any action that falls into any of the items listed in Section 2 by themselves or by using other third parties including designated Co-organizers.
Regardless of intellectual acts or acts of gross negligence, in case the Organizer/Co-organizer violates these representations and warranties, or confirmation, the Organizer/Co-organizer is deemed to agree that; (1) Peatix delete the Organizer/Co-organizer’s event page from the Site and the server, (2) Peatix immediately cancels the contract based on these Agreements, and cancels the membership of the Organizer. Organizer cannot claim for the damages resulting from such action and the Organizer incurs those damages. And the Organizer (excluding Organizers’ managements and employees) will compensate for any resultant damages suffered by Peatix (including Peatix’ managements and employees) and the Attendees (including Attendees’ managements and employees).
Organizer hereby warrants and guarantees that they will not engage in the following activities, either directly or through an intermediary including designated Co-organizers:
- Operating an entity having such relationship with Organized Crime Syndicates etc. that shows their control over the entity’s management.
- Operating an entity having such relationship with Organized Crime Syndicates etc. that shows their substantial involvement in the entity’s management.
- Operating an entity having such relationship with Organized Crime Syndicates etc. that shows reliance on Organized Crime Syndicates etc. for the purpose of unfairly benefiting oneself, one’s own company or third parties or of damaging third parties.
- Operating an entity having such relationship that shows provision of funds or facilities to Organized Crime Syndicates etc.
- Operating an entity of which Board members or people substantially involved in its management have socially condemnable relationship with Organized Crime Syndicates etc.
Organizer hereby warrants and guarantees that they will not engage in the following activities, either directly or through an intermediary including designated Co-organizers:
- Claims made with forceful behavior and acts of violence.
- Unjust claims exceeding legal responsibilities.
- Use of threatening action or statements, or violent acts and behaviors in connection with any transaction between the parties.
- Acts and behaviors which may damage the credit or obstruct the business of the bank by spreading false rumors or the use of fraudulent means or by force.
- Other acts and behavior equivalent to the above howsoever described.
Article 14 (Suspension of the Use of Services by the Organizer)
Peatix reserves the right to delete any events created by the Organizer/Co-organizer through the Services, suspend their use of the Services, or take any other necessary action (including legal proceedings), if the Organizer’s action falls into any of the following items below or if a formal request is made from partnered financial institutions:
- Organizer violated any one of the items specified in these Agreements (including when Organizer applies to any one of the items specified in Section 13 of this Agreement)
- Organizer received a claim from the Attendee for the cancelation or postponement of the event with Paid Tickets, or refund for the Paid Ticket.
- Other instances otherwise deemed necessary to suspend the use of the Services by Peatix from the perspective of consumer protection.
Article 15 (Permissions Granted to Co-organizers)
Notwithstanding any terms set forth in this agreement, Members who have been designated as Co-organizers to a Group by Organizers will be granted with permissions to conduct the following:
Nullifying permissions granted as a Co-organizer
- Assigning oneself to Co-organizers or deactivating permissions of oneself
- Editing pages belonging to assigned Group
- Reviewing lists of followers to assigned Group
- Creating and editing event pages hosted by Organizer within assigned Group
- Editing, publishing, and canceling event pages hosted by Organizer within assigned Group
- Ordering Promotion Services for events hosted by Organizer within assigned Group
- Confirming participants and downloading participating lists (including user information data via registration forms) for events hosted by Organizer within assigned Group
- Managing ticket orders (including the approval of cancelations and refunds of tickets acquired by participants) for events hosted by Organizer within assigned Group.
- Activating and using check-in functions through web browsers for events hosted by Organizer within assigned Group
- Notwithstanding the above, any other functions that may from time to time be designated by Peatix to Co-organizer.
Notwithstanding any terms set forth in this agreement, Members who have been designated as Co-organizers to a Group by Organizers may not engage in the following activities:
- Assigning other Co-organizers or deactivating permissions of other Co-organizers
- Sending messages using messaging functions on the Website to followers of assigned Group
- Posting announcement to assigned Group
- Creating, editing, and managing members for Subscription Services within assigned Group
- Sending messages using messaging functions to participants or ticket buyers of events hosted by Organizer within assigned Group
- Reviewing details of Promotion Services ordered by Organizer and other Co-organizers for events hosted by Organizer within assigned Group
- Receiving ticket sale monies, and Reviewing and editing bank account details designated by Organizer, for events hosted by Organizer within assigned Group
- Ordering ticket resale programs for events hosted by Organizer within assigned Group
- Notwithstanding the above, using other functions that may not be prescribed to be used by Co-organizers by Peatix.
Article 16 (Granting of Rights to Information on the Event Page)
- The Organizer reserves the intellectual property rights and other rights to the contents (the "Contents") described on pages within the Peatix service, including the event page, for which it holds the intellectual property rights.
- By submitting, posting or displaying the Contents, the Organizer agree to grant Peatix a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, modify, adapt, publish, transmit, display and distribute (including archival distribution) such Content in any form, format, media or media channel, whether known or later developed.
- The Organizer represents and warrants that it has all rights, licenses, consents, permissions, authorizations, and powers necessary to grant the licenses set forth in the preceding paragraph with respect to the Contents.