Terms and Conditions of Service for Customers
1. Introduction
2. Definitions
3. Ticket Purchase Policy
4. Resale Policy
5. Ticket Usage and Event Attendance
6. Ticket Delivery and Collection Policy
7. Refunds Policy
8. WhatsApp Promotional Messages
9. Privacy and Data Protection
10. Liability
11. Jurisdiction and Governing Law
12. Amendments to the Terms
13. Disclaimers
14. Intellectual Property
1. Introduction
Mauritius Calendar, a digital platform operated by Calendar (Mauritius) LTD, provides users with a streamlined service for purchasing tickets and registering for events. By accessing and utilising mauritiuscalendar.com, you acknowledge and agree to be bound by the terms outlined herein. If you do not agree with these Terms and Conditions, you must cease use of the Website and its associated services.
2. Definitions
- "Mauritius Calendar" refers to Calendar (Mauritius) LTD, whose registered office is situated at MORC. TRAFFIC CENTRE, ST PIERRE.
- "Website" refers to mauritiuscalendar.com and any other electronic domains or subdomains operated by Mauritius Calendar for the facilitation of ticket sales, including access via all digital devices.
- "Customer" denotes any individual or entity engaging with the Website to purchase or attempt to purchase goods or services, including but not limited to tickets, delegate passes, vouchers, or other event-related products.
- "Promoter" refers to any individual, partnership, or organization responsible for the organization, promotion, or execution of an event listed or sold on the Website.
- "Event" pertains to any activity, including but not limited to entertainment, educational, business, sporting, family, or religious gatherings, for which the Promoter advertises and sells tickets through the Website.
- "Ticket" refers to any form of access control, whether a physical ticket, barcode, QR code, or electronic form, granting the holder permission to attend a specified Event.
- "Services" refers to all functionalities provided by Mauritius Calendar, including but not limited to event promotion, ticket sales, payment facilitation, and customer support.
Certainly! Here's the **Ticket Purchase Policy** section with the integrated **Ticket Validity** clause, while keeping the rest of your document intact:
3. Ticket Purchase Policy
- Non-Refundability: Tickets purchased via the Website are, by default, non-refundable unless expressly stated within the Refunds Policy or in instances of Promoter cancellations.
- Non-Exchangeability: Tickets are non-exchangeable unless explicitly permitted under the terms of the Refunds Policy.
- Resale Restrictions: Unauthorized resale of tickets is strictly prohibited. Tickets may only be transferred or resold with express authorization from Mauritius Calendar. Resale through unauthorized channels may lead to ticket invalidation without reimbursement.
- Third-Party Resale: Customers are advised to avoid purchasing tickets through unauthorized third-party platforms, as such tickets may be deemed invalid or subject to cancellation without notice.
- Proof of Purchase: For entry to Events, customers may be required to provide acceptable identification, such as a valid passport or driver's license, as well as the credit or debit card used for the initial purchase.
- Responsibility for Tickets: Customers bear full responsibility for safeguarding their tickets. Mauritius Calendar is not liable for lost, stolen, or duplicated tickets, including digital tickets. Should a duplicated ticket be scanned before the original purchaser’s entry, no refund or replacement will be provided.
- Ticket Validity: Mauritius Calendar is not responsible for tickets that are lost, stolen, damaged, or tampered with in any way. Tickets must be presented in their original form, and tampering with or duplicating tickets is strictly prohibited. Any customer presenting a tampered or invalid ticket will be refused entry without a refund. The Promoter and venue reserve the right to perform checks to ensure ticket validity.
- Fraudulent Purchases: Tickets procured using fraudulent means, including but not limited to the unauthorized use of credit or debit cards, will be cancelled without entitlement to a refund.
4. Resale Policy
- Conditions for Resale: Customers may resell their tickets only if they meet the following criteria:
- The customer maintains an active account on the Mauritius Calendar platform.
- The resale is conducted via the customer’s account, with prior approval from Mauritius Calendar.
- The resale price does not exceed the original purchase value unless authorized by Mauritius Calendar.
- Mauritius Calendar reserves the right to deduct administrative fees and applicable taxes from the resale proceeds.
- Proceeds from Resale: Funds generated from approved resales will be credited to the customer’s designated bank account, subject to Mauritius Calendar’s withdrawal policies.
5. Ticket Usage and Event Attendance
- Entry Requirements: It is the customer’s responsibility to verify any entry conditions (e.g., age restrictions, dress code) prior to purchasing a ticket. Mauritius Calendar assumes no liability for customers denied entry due to failure to meet such requirements.
- Right of Refusal: Promoters and venue management retain the right to refuse entry or eject customers from the Event for any reason, including but not limited to breaches of conduct, without issuing a refund.
- No Re-Entry: Many venues enforce a strict "no re-entry" policy. Once a customer exits the venue, they may not be readmitted with the original ticket. No refunds will be issued for failure to comply with this policy.
- Prohibited Items: Venue management and Promoters may restrict the entry of certain items, including but not limited to food, beverages, cameras, and recording equipment. Mauritius Calendar holds no responsibility for items confiscated at the venue.
- Customer Responsibility: It is the customer’s obligation to attend the Event at the correct date and time. Mauritius Calendar shall not be liable for any losses, actual or implied, resulting from the customer’s failure to do so.
6. Ticket Delivery and Collection Policy
- Electronic Ticket Delivery: Tickets are typically issued electronically via PDF and emailed to the customer. It is the responsibility of the customer to provide a valid email address and check their inbox for ticket delivery.
- Alternative Ticket Delivery: For certain Events, tickets may be delivered through a link sent via SMS for an additional fee.
- Ticket Collection: In cases where an electronic ticket must be exchanged for a physical ticket at the venue, customers must present a printed copy of their electronic ticket, alongside valid government-issued identification.
7. Refunds Policy
- Refund Eligibility: Refunds will only be granted under the following circumstances:
- The Event is cancelled by the Promoter.
- The main artist cancels or performs for significantly less time than advertised.
- The Event is postponed or rescheduled, and the customer is unable to attend the new date.
- The venue is relocated by more than 40km or to a significantly inferior facility.
- Refund Requests: Requests for refunds must be submitted in writing to Mauritius Calendar within 24 hours of the Event’s cancellation or postponement notice. Supporting documentation may be required for refund processing.
- Refund Processing: Approved refunds will be processed using the original payment method. Mauritius Calendar may retain up to 8% of the transaction value as an administrative fee to cover service costs.
- Non-Refundable Circumstances: Refunds will not be issued for minor alterations in Event details, including time shifts, supporting acts, or dissatisfaction with the performance.
8. WhatsApp Promotional Messages
- Opt-In: Customers may choose to opt in to receive tailored promotional notifications via WhatsApp, such as special offers, on-sale alerts, and reminders. By opting in, customers agree to receive messages from the official Mauritius Calendar WhatsApp Business Account.
- Official WhatsApp Number: All WhatsApp communications will be sent from the official Mauritius Calendar number: +230 5919 0153. Any messages received from alternative numbers should be disregarded as they are not affiliated with Mauritius Calendar.
- Opt-Out: Customers may opt out at any time by adjusting their preferences on the Website or app’s settings or by contacting customer support.
9. Privacy and Data Protection
- Data Collection: Personal data provided by customers, such as names, email addresses, and contact numbers, will be collected for the purpose of facilitating ticket sales and related services. All data is handled in accordance with Mauritius Calendar’s Privacy Policy.
- Third-Party Sharing: Customer data may be shared with Promoters, venues, and third-party service providers as necessary to deliver the requested services. Mauritius Calendar ensures all third parties comply with data protection regulations.
10. Liability
- Event Risks: Mauritius Calendar accepts no responsibility for damages, injuries, or losses incurred during Events. The Promoter and venue management bear full responsibility for the safety and delivery of the Event.
- Force Majeure: Mauritius Calendar shall not be held liable for any cancellations or alterations to Events arising from causes beyond its reasonable control, including but not limited to acts of God, governmental actions, or force majeure events.
11. Jurisdiction and Governing Law
- Governing Law: These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Mauritius, without regard to its conflict of law principles.
- Jurisdiction: Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Mauritius. By using the Website and Services, customers irrevocably consent to the personal jurisdiction of such courts.
12. Amendments to the Terms
Right to Amend: Mauritius Calendar reserves the right to modify, amend, or update these Terms and Conditions at any time without prior notice. Such changes will be effective immediately upon being posted on the Website.
- Notification of Changes: Customers are responsible for regularly reviewing the Terms and Conditions. Continued use of the Website and Services after any amendments constitutes acceptance of the revised terms.
- Access to Updated Terms: The most current version of the Terms and Conditions will always be available on the Website. Customers are encouraged to refer to this section to stay informed about any changes.
13. Disclaimers
- Third-Party Services: Mauritius Calendar acts solely as an intermediary facilitating the sale and distribution of tickets. We do not endorse, guarantee, or assume responsibility for any Promoter, venue, or third-party services associated with Events listed on the Website.
- Accuracy of Information: While Mauritius Calendar strives to ensure the accuracy and reliability of all information presented on the Website, we do not warrant that all content, including event details, pricing, and availability, is error-free or complete. Customers are advised to verify event specifics directly with the Promoter or venue.
- No Warranty: The Website and Services are provided on an "as is" and "as available" basis. Mauritius Calendar disclaims all warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.
- Limitation of Liability: To the fullest extent permitted by law, Mauritius Calendar shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of or relating to the use of the Website or Services, even if advised of the possibility of such damages.
14. Intellectual Property
- Ownership: All content, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, featured on the Website is the property of Mauritius Calendar or its licensors and is protected by international copyright, trademark, and other intellectual property laws.
- Restricted Use: Customers are granted a limited, non-exclusive, non-transferable license to access and use the Website and Services for personal, non-commercial purposes. Any unauthorized use, including reproduction, modification, distribution, transmission, republication, display, or performance of the content on the Website is strictly prohibited.
- Trademarks: All trademarks, service marks, and trade names displayed on the Website are the property of their respective owners. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark without the prior written permission of the respective owner.
- Feedback and Submissions: Any feedback, suggestions, or submissions provided by customers regarding the Website or Services shall be considered non-confidential and non-proprietary. Mauritius Calendar is free to use such feedback without any obligation or compensation to the customer.
Terms of Service for Promoters and Organisers
Welcome to mauritiuscalendar.com. These Terms of Service for Promoters ("TOSP") govern the relationship between Mauritius Calendar and the Promoter in connection with the use of the website and related services. By using mauritiuscalendar.com, you, the Promoter, agree to the terms outlined herein, which are intended to regulate the promotion, advertisement, and sale of tickets for events via our platform.
1. Definitions
For the purposes of this Agreement, the following terms shall have the meanings set forth below:
- "Mauritius Calendar" refers to Calendar (Mauritius) LTD, whose registered office is situated at MORC. TRAFFIC CENTRE, ST PIERRE.
- "Website" refers to mauritiuscalendar.com, including all its webpages, subdomains, and subparts, as well as any future versions or successors to the website that Mauritius Calendar may provide. The term shall also include any other electronic domains or platforms used by Mauritius Calendar for event promotion and ticket sales.
- "Customer" refers to any individual, organization, or entity using the Website to purchase or attempt to purchase tickets, delegate passes, vouchers, or any similar products or services made available via the Website. This includes end-users who attend events, as well as other agents acting on behalf of the attending parties.
- "Promoter" refers to any individual, partnership, corporation, or entity responsible for organizing, promoting, and executing any event advertised or sold on the Website. The Promoter is responsible for the legal, operational, and commercial aspects of the event and assumes all associated liabilities in relation to event delivery and promotion.
- "Event" refers to any occasion, including but not limited to entertainment, cultural, educational, sporting, business, family, or religious gatherings, for which the Promoter advertises or sells tickets via the Website. The Event can include single or multi-day occurrences.
- "Ticket" refers to any form of entrance voucher, whether paid or complimentary, physical or electronic (such as barcodes, QR codes), that permits a Customer to attend a specific Event. A Ticket serves as the primary mode of entrance control and validation of attendance for the Event.
- "Services" refers to the full suite of functionalities provided by Mauritius Calendar to the Promoter in relation to an Event. These Services may include but are not limited to advertising, promoting the Event, enabling ticket sales, facilitating ticket delivery, collecting payments, managing Customer registrations, providing customer support, delivering post-event reports, and offering analytics on event performance.
2. Terms of Service for Promoters Using the Website ("TOSP")
2.1 Introduction and Scope
These Terms of Service for Promoters ("TOSP") govern all use of mauritiuscalendar.com by you, the Promoter. This includes, but is not limited to, the use of the Website, all services available on or through the Website, and any associated software provided by Mauritius Calendar. By accessing or using the Website, you agree to comply with all terms and conditions contained herein, as well as any future amendments, policies, or guidelines published by Mauritius Calendar.
These terms are designed to ensure transparency, accountability, and consistency in the way Promoters use the Services. Mauritius Calendar operates as a facilitator for the promotion of events and the sale of Tickets, but the onus of event delivery rests with the Promoter.
Should the Promoter disagree with any term or condition in this TOSP, they must cease use of the Services immediately. Any modifications to this Agreement must be made in writing and
signed by both an authorized representative of the Promoter and an officer of Mauritius Calendar, except as otherwise provided in Section 2.2 below.
2.2 Modification of Terms
Mauritius Calendar reserves the right, at its sole discretion, to modify, amend, or replace any part of this TOSP at any time. The Promoter is responsible for reviewing the TOSP periodically to stay informed of any changes. Continued use of the Services following the posting of any changes constitutes the Promoter’s acceptance of the modified terms. Should the Promoter find any modifications unacceptable, their sole remedy is to cease using the Services.
2.3 Language
These Terms of Service for Promoters are provided in the English language. While Mauritius Calendar may translate these terms or any related documents into other languages for convenience, the English version shall prevail in the event of any conflict or inconsistency between translations.
2.4 Legal Compliance
The Promoter is responsible for ensuring that all aspects of their event, including ticket sales, promotion, and event execution, comply with all relevant legal obligations, including but not limited to intellectual property rights, advertising standards, data protection laws, and consumer rights legislation. The Promoter must ensure that all taxes, duties, and government fees associated with ticket sales and event delivery are settled in accordance with applicable laws.
3. Promoter’s Use of the Services
3.1 Access to the Services
Mauritius Calendar grants the Promoter a limited, non-exclusive, non-transferable, non-sub-licensable right to use the Services solely for the purpose of creating an event page, promoting the Event, managing the sale of tickets, and collecting fees. This grant is contingent upon compliance with this TOSP and all applicable laws, including, without limitation, domestic and foreign regulations governing the promotion of events.
The Services provided by Mauritius Calendar to the Promoter are intended to assist in the organization, promotion, and management of events, and the Promoter acknowledges that Mauritius Calendar’s involvement does not extend beyond providing a technological platform for these purposes. The Promoter remains responsible for all aspects of event delivery, customer satisfaction, and ticket fulfilment.
The Promoter is prohibited from, directly or indirectly:
- Modifying, duplicating, or creating derivative works of any part of the Services or the Website Content.
- Reverse-engineering, decompiling, or attempting to discover the source code or structural framework of any part of the Services.
- Renting, leasing, reselling, or using the Services for commercial purposes (except for ticket sales authorized under this TOSP).
- Altering any proprietary notices, disclaimers, or labels on the Website or Services.
- Engaging in any activity that interferes with or disrupts the Services or Website.
Mauritius Calendar reserves the right to revoke the Promoter’s access to the Services for any violation of these terms, including misuse of the platform, unlawful conduct, or failure to meet obligations related to event delivery.
3.2 Event Creation and Listing
When creating an event listing on Mauritius Calendar, the Promoter is responsible for providing accurate and complete information. This includes but is not limited to event details, ticket pricing, venue information, schedule, and any restrictions (e.g., age restrictions, dress codes). Any material omissions or inaccuracies in event details may result in liability for the Promoter, including the possibility of customer refunds and reputational damage to the Promoter and Mauritius Calendar.
Mauritius Calendar reserves the right to modify, refuse, or remove any event listing that it deems, in its sole discretion, to be misleading, inaccurate, inappropriate, or in violation of the terms of this TOSP.
4. Promoter Obligations
The Promoter agrees to the following obligations:
- Registration: The Promoter must provide accurate, current, and complete information during the registration process ("Registration Data"). Failure to provide such accurate data or to keep it updated may result in the suspension or termination of the Promoter’s account. The Promoter warrants that it is authorized to act as the organizer of the event in question and has all necessary permits, licenses, and permissions to promote and deliver the event.
- Compliance: The Promoter is responsible for ensuring that all aspects of their event, including its promotion and execution, comply with applicable local and international laws, rules, and regulations, including, but not limited to, event safety regulations, venue capacity limitations, and advertising standards. Failure to comply with these obligations may result in suspension or termination of the Promoter’s account.
- Account Security: The Promoter is responsible for maintaining the confidentiality of their account credentials. Any unauthorized use of the account must be reported immediately to Mauritius Calendar. The Promoter is liable for all activities conducted under their account, including those of any authorized sub-users. The Promoter must ensure that all employees, agents, or contractors using the account adhere to the terms of this TOSP.
- Customer Relations: The Promoter is responsible for maintaining professional and ethical standards in their dealings with Customers. Complaints, disputes, or requests for refunds arising from Customer dissatisfaction must be handled in a timely and professional manner, in accordance with the refund and cancellation policies outlined in Section 9. Mauritius Calendar reserves the right to intervene in cases where customer complaints are not adequately addressed by the Promoter.
5. Content and Intellectual Property
5.1 Website Content
All content provided on the Website, including but not limited to text, software, graphics, images, designs, and logos (the "Website Content"), is protected by copyright, trademark, and other intellectual property laws. Mauritius Calendar either owns the Website Content or has the legal right to use it.
The Promoter is granted a limited, non-transferable right to use the Website Content solely for the purposes of promoting their Event. Any unauthorized reproduction, modification, distribution, transmission, or public display of Website Content is strictly prohibited. This restriction also applies to any derivative works created from the Website Content without express authorization.
5.2 Promoter Content
The Promoter is solely responsible for any content they upload to the Website, referred to as "Event Information." This content must not infringe on the intellectual property or other rights of any third party and must comply with all applicable laws. The Promoter agrees to indemnify Mauritius Calendar against any claims or damages arising from the content they provide.
By submitting Event Information to Mauritius Calendar, the Promoter grants Mauritius Calendar a non-exclusive, worldwide, royalty-free license to use, distribute, reproduce, modify, and display the Event Information for promotional purposes. The Promoter acknowledges that Mauritius Calendar has the right to alter or remove any Event Information that violates this TOSP or is otherwise deemed inappropriate.
6. Additional Services
Mauritius Calendar may offer additional services beyond those provided through the Website, such as marketing assistance, leasing of equipment, and event management support. These services will be provided subject to additional fees and shall be governed by a separate written agreement between the Promoter and Mauritius Calendar.
The Promoter may request additional services including but not limited to:
- Marketing and Promotion: Mauritius Calendar can assist in promoting the Event through online campaigns, featured placements, and social media marketing. All marketing efforts are subject to the fees outlined in the Marketing Services Agreement.
- Equipment Leasing: The Promoter may lease equipment, such as ticket scanners, barriers, or other event-management tools. Equipment leasing is subject to a separate Equipment Lease Agreement, which will outline terms of use, costs, and liability for any damage or loss.
- Staffing Services: Mauritius Calendar may provide on-site staff for ticket collection, crowd management, or technical support. Staffing services will be governed by a separate agreement, and the Promoter shall be responsible for ensuring the staff's safe working conditions.
All such additional services will be provided at Mauritius Calendar's sole discretion and will be agreed upon in writing, detailing any additional fees, terms, and conditions. Should the Promoter fail to comply with these terms or delay payment for additional services, Mauritius Calendar reserves the right to terminate or withhold the services provided.
7. Service Modifications and Suspensions
Mauritius Calendar reserves the right, at any time and for any reason, to modify, suspend, or discontinue the Services, either temporarily or permanently, without notice.
In particular, Mauritius Calendar may:
- Modify or discontinue any feature of the Website or Service to ensure compatibility with evolving technologies, compliance with legal standards, or enhancement of user experience.
- Temporarily suspend services for scheduled or emergency maintenance and will endeavour to notify the Promoter in advance of such maintenance where possible.
- Discontinue services if the Promoter is found to be in breach of this TOSP, fails to pay service fees, or engages in conduct detrimental to the reputation or operation of Mauritius Calendar.
The Promoter agrees that Mauritius Calendar shall not be liable for any losses incurred by the Promoter due to such actions, except for the refund of service fees related to cancelled or refunded tickets as outlined in Section 9.
8. Termination of Services
Mauritius Calendar may terminate the Promoter’s account and access to the Services, with or without notice, at any time for any reason, including but not limited to:
- Breach of TOSP: If the Promoter violates any of the terms outlined in this Agreement, including failure to pay fees or improper use of the platform, Mauritius Calendar may immediately terminate or suspend the Promoter’s account.
- Inactive Accounts: Accounts that are inactive for an extended period (typically 12 months or more) may be terminated without prior notice.
- Unlawful Conduct: If Mauritius Calendar determines, in its sole discretion, that the Promoter has engaged in unlawful or unethical conduct in connection with their event(s), it may terminate the Promoter’s account without notice.
Upon termination, the Promoter’s account will be deactivated, and all associated content, including Event Information, may be removed from the Website. Mauritius Calendar will not be liable for any loss of data resulting from termination, and any pre-paid fees may be forfeited in cases of breach.
Certain provisions, including those related to indemnity, limitation of liability, and confidentiality, shall survive termination of this Agreement.
9. Event Management and Cancellation
9.1 Promoter Responsibility for Events
The Promoter is fully responsible for organizing and delivering the Event. Mauritius Calendar serves as a platform for ticket sales and promotional services but does not bear responsibility for the actual execution of the Event. All logistical, legal, and operational duties are the Promoter’s sole responsibility.
The Promoter must ensure that:
- Event Safety: Adequate safety measures, crowd control, and emergency procedures are in place. The Promoter assumes full liability for any accidents, injuries, or incidents occurring during the Event.
- Permits and Licenses: All necessary permits, licenses, and permissions required by local authorities are obtained prior to the Event. Failure to obtain such permits will result in immediate suspension of the Event on the platform, and Mauritius Calendar may issue refunds to Customers.
- Accurate Event Information: The Promoter provides complete and accurate Event Information, including but not limited to event date, location, time, restrictions, and pricing. Mauritius Calendar reserves the right to remove or modify Event Information if discrepancies arise.
9.2 Event Cancellation and Postponement
If an Event is cancelled or postponed, the Promoter must notify Mauritius Calendar within 24 hours of the decision to cancel or reschedule. In such cases:
- Notification to Customers: Mauritius Calendar will notify Customers of the cancellation or postponement and provide information regarding refund or rescheduling options.
- Refunds: Mauritius Calendar reserves the right to issue full refunds to Customers if the Event is cancelled, significantly altered, or postponed. The Promoter will be liable for covering the cost of such refunds, including service fees, refund processing fees, and administrative charges.
- Reimbursement: If Mauritius Calendar has already paid out funds to the Promoter for ticket sales, the Promoter agrees to reimburse Mauritius Calendar within 3 business days of notification of cancellation or postponement. Failure to reimburse may result in legal action.
- Refund Processing Fees: The Promoter agrees to pay a ticket refund processing fee of USD 5.00 per refunded ticket, plus any applicable bank charges or credit card processing fees relating either to the original ticket purchase or to the refund.
9.3 Force Majeure
In the event that the Event is canceled or disrupted due to circumstances beyond the Promoter's control, including but not limited to acts of God, natural disasters, government restrictions, labor strikes, or war, Mauritius Calendar reserves the right to refund all affected Customers. The Promoter remains liable for refund costs unless otherwise agreed in writing with Mauritius Calendar.
10. Pay-outs to Promoters
Mauritius Calendar will remit payments to the Promoter after the successful completion of the Event. Payouts will be processed once all third-party payments, taxes, and fees have been settled and any refunds have been deducted.
- Banking Information: The Promoter agrees to provide accurate banking details to Mauritius Calendar to facilitate payout processing. Mauritius Calendar is not liable for delays or errors in payouts resulting from incorrect banking information provided by the Promoter.
- Payment Timeline: Mauritius Calendar will endeavour to process payouts within 10 business days following the completion of the Event, provided that all sales data has been validated and all conditions, such as third-party payments, have been met.
- Deductions: Any applicable fees, including marketing service charges, refund costs, bank charges, and taxes, will be deducted from the total payout. The Promoter acknowledges that such fees will be subtracted from gross ticket sales before the final payout is issued.
- Currency Conversion and Fees: If the Promoter requests payment in a currency other than the one used for ticket sales, any currency conversion charges incurred will be deducted from the payout amount.
11. Privacy and Data Usage
The Promoter acknowledges that any personal information collected in connection with the Event, including Customer data, is subject to the Mauritius Calendar Privacy Policy. Promoters must handle such information in compliance with applicable data protection laws and agree that Mauritius Calendar may use the information for marketing purposes, subject to the Privacy Policy.
- Data Collection and Use: Mauritius Calendar may collect, store, and process personal data such as names, email addresses, and payment details from Customers. The Promoter agrees not to misuse this data and will only use it in accordance with data protection laws and the consent provided by the Customers.
- Marketing Consent: The Promoter may only contact Customers for marketing purposes if explicit consent has been provided by the Customer. All promotional communications must include a clear and easy opt-out mechanism.
- Third-Party Sharing: Mauritius Calendar may share personal data with third-party service providers necessary for event execution (e.g., ticket printers, email communication providers). The Promoter agrees to comply with all terms governing third-party data sharing as outlined in the Privacy Policy.
12. Liability and Indemnification
12.1 Limited Liability
Mauritius Calendar shall not be liable for any damages or losses, whether direct or indirect, arising out of the use of the Services. This includes, but is not limited to, losses resulting from the cancellation of Events, system outages, or data breaches beyond the reasonable control of Mauritius Calendar.
In no event shall Mauritius Calendar’s total liability exceed USD 100.00, except where prohibited by applicable law.
12.2 Indemnification
The Promoter agrees to indemnify and hold harmless Mauritius Calendar, its officers, directors, employees, and agents from and against any claims, damages, liabilities, losses, or expenses (including reasonable legal fees) arising out of or in connection with:
- Breach of Agreement: Any breach of this TOSP by the Promoter.
- Event-Related Claims: Any claims made by Customers, vendors, or third parties in relation to the Event, including but not limited to injuries, property damage, or misrepresentation.
- Intellectual Property Infringement: Any claims that the Promoter’s content infringes on the intellectual property rights of any third party.
13. Trademark Information
The trademarks, logos, and service marks of Mauritius Calendar (collectively, the "Mauritius
Calendar Trademarks") are the exclusive property of Mauritius Calendar. The Promoter is prohibited from using these marks without express written permission.
The Promoter may not:
- Use the Mauritius Calendar Trademarks for any purpose that disparages Mauritius Calendar or is likely to cause confusion among customers regarding the relationship between the Promoter and Mauritius Calendar.
- Use any third-party trademarks on the Website without proper authorization.
14. General Provisions
14.1 Entire Agreement
This TOSP, together with any other documents referred to herein, constitutes the entire agreement between the Promoter and Mauritius Calendar with respect to the subject matter covered. It supersedes all prior agreements, understandings, and representations, whether written or oral, related to the Services.
No oral or written statement that is not incorporated into this Agreement shall be binding unless agreed to in writing by both parties.
14.2 Amendments
Any modifications or amendments to this TOSP must be in writing and signed by an authorized representative of both the Promoter and Mauritius Calendar. Mauritius Calendar reserves the right to make unilateral modifications to the terms, which will become binding upon the Promoter’s continued use of the Services after the modified terms are posted on the Website, subject to the provisions outlined in Section 2.2.
14.3 Waiver
The failure by either party to enforce any right or provision in this TOSP shall not constitute a waiver of future enforcement of that right or provision. Any waiver must be in writing and signed by an authorized representative of the waiving party.
14.4 Severability
If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions of this Agreement will remain in full force and effect. The parties agree to negotiate in good faith to replace any invalid or unenforceable provisions with terms that are valid and enforceable and that achieve, to the maximum extent possible, the original intent of the parties.
14.5 Relationship of the Parties
The Promoter and Mauritius Calendar are independent contractors, and nothing in this Agreement shall create any partnership, joint venture, agency, or employment relationship between the parties. Neither party has the authority to act on behalf of the other party or to bind the other party in any manner unless expressly authorized in writing.
15. Governing Law and Dispute Resolution
15.1 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Republic of Mauritius, without regard to its conflict of law principles.
15.2 Dispute Resolution
In the event of any dispute arising out of or in connection with this TOSP, the parties shall first attempt to resolve the dispute through amicable negotiation.
If the dispute cannot be resolved within 21 days, it shall be referred to arbitration under the rules of the Mauritius International Arbitration Centre (MIAC) or another reputable arbitration body mutually agreed upon by both parties. The arbitration proceedings shall be conducted in English, and the arbitration award shall be final and binding on the parties. Alternatively, the matter will be settled in the courts of Mauritius accordingly.
16. Non-Disclosure and Confidentiality
16.1 Confidential Information
In the course of providing the Services, the Promoter and Mauritius Calendar may disclose to each other certain proprietary and confidential information ("Confidential Information"). Both parties agree to use Confidential Information solely for the purpose of performing their obligations under this Agreement and to keep it strictly confidential.
Confidential Information may include, but is not limited to:
- Technical and Business Information: Proprietary ideas, trade secrets, product designs, customer data, financial information, marketing strategies, and other sensitive business-related information.
- Personal Data: Any information that can identify or relate to an individual person, such as names, email addresses, phone numbers, and payment details.
16.2 Obligations of Confidentiality
Both parties agree:
- To take reasonable steps to protect and preserve the confidentiality of the other party’s Confidential Information.
- Not to disclose Confidential Information to any third party, except as necessary to fulfill the obligations under this Agreement, and only if the third party agrees to be bound by confidentiality obligations substantially similar to those in this Agreement.
- To return or destroy all Confidential Information upon termination of this Agreement or upon the request of the disclosing party, except where retention is required by law.
16.3 Exclusions
The confidentiality obligations outlined above shall not apply to information that:
- Is or becomes publicly available through no fault of the receiving party.
- Is lawfully obtained from a third party without breach of any confidentiality obligation.
- Was already in the possession of the receiving party before it was disclosed under this Agreement.
- Is required to be disclosed by law or a valid court order, provided the receiving party gives the disclosing party prompt notice of the required disclosure and cooperates with any efforts to limit the scope of the disclosure.
16.4 Duration of Confidentiality
The confidentiality obligations outlined in this Agreement shall remain in effect for a period of 10 years following the termination of this Agreement, unless otherwise mutually agreed in writing.
17. Intellectual Property and Use of Trademarks
17.1 Ownership of Intellectual Property
All intellectual property, including but not limited to trademarks, logos, trade names, service marks, copyrights, and any proprietary technology used or provided by Mauritius Calendar in the course of performing the Services, remains the exclusive property of Mauritius Calendar or its licensors.
The Promoter acknowledges and agrees that they do not acquire any ownership rights or licenses to use such intellectual property except as expressly permitted under this Agreement.
17.2 License to Use Promoter’s Trademarks
The Promoter grants Mauritius Calendar a limited, non-exclusive, royalty-free license to use the Promoter’s trademarks, logos, and other intellectual property in connection with the promotion, advertising, and sale of tickets for the Promoter’s Event(s). This license is granted solely for the duration of the Event and may be revoked by the Promoter upon written notice.
Mauritius Calendar agrees to use the Promoter’s intellectual property in a manner that does not tarnish, degrade, or damage the reputation or goodwill of the Promoter’s brand.
18. Data Ownership and Customer Information
18.1 Ownership of Customer Data
All data collected during the sale of tickets, including but not limited to personal data, transaction records, and any other information provided by Customers in connection with the Event, is the property of Mauritius Calendar.
The Promoter may have access to certain Customer data for the purposes of Event administration but agrees to use such data solely in accordance with Mauritius Calendar’s Privacy Policy and applicable data protection laws.
18.2 Use of Data for Marketing
Mauritius Calendar reserves the right to use Customer data for marketing and promotional purposes, including but not limited to sending Customers information about upcoming events, offers, and services provided by Mauritius Calendar or its partners.
The Promoter may only contact Customers for marketing purposes if they have obtained the explicit consent of the Customer in accordance with applicable data protection laws. The Promoter agrees to provide an opt-out mechanism in any marketing communications sent to Customers.
19. Indemnity
The Promoter agrees to indemnify and hold Mauritius Calendar, its affiliates, directors, officers, employees, and agents harmless from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from or in connection with:
- Breach of Agreement: Any breach of this TOSP by the Promoter.
- Event-Related Claims: Any claims made by Customers, vendors, or third parties in relation to the Promoter’s Event(s), including but not limited to personal injury, property damage, or negligence claims.
- Intellectual Property Infringement: Any claims that the Promoter’s use of intellectual property infringes upon the rights of any third party.
This indemnity obligation shall survive the termination of this Agreement.
20. Force Majeure
Neither party shall be liable for any failure or delay in the performance of their obligations under this Agreement due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, labour strikes, government actions, pandemics, or power failures.
In the event of a force majeure, the affected party must notify the other party in writing as soon as possible and take reasonable steps to mitigate the impact of the event. If the force majeure continues for more than 30 days, either party may terminate this Agreement without liability.
21. Final Provisions
21.1 Survival of Provisions
Any provisions of this Agreement that by their nature should survive termination, including but not limited to provisions relating to confidentiality, indemnity, intellectual property, and data protection, shall survive the termination of this Agreement.
21.2 Notices
All notices, requests, or demands required or permitted under this Agreement shall be in writing and shall be deemed given when delivered in person, sent by email, or delivered by courier to the addresses specified in the Promoter’s registration or any other address mutually agreed upon by the parties.
Conclusion
By utilising the Services offered by Mauritius Calendar, the Promoter acknowledges that they have read, understood, and agree to abide by the terms set forth in this Terms of Service for Promoters ("TOSP"). This Agreement outlines the rights, responsibilities, and expectations of both Mauritius Calendar and the Promoter, ensuring a fair and professional relationship focused on the successful promotion and execution of events.
Withdrawal of Consent
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You may request the deletion of your personal data at any time, in line with the Mauritian Data Protection Act 2017, by contacting us at our email address info@mauritiuscalendar.com. We may take up to 7 business days to process the deletion request and will confirm once the deletion is completed.
Please note that certain exceptions may apply to your right to delete personal information, including cases where the data is required for:
- Compliance with a contractual obligation (such as an ongoing service or order),
- Legal or regulatory obligations (e.g., financial transactions, tax, or auditing requirements),
- Where data has been anonymized or de-identified so it can no longer be associated with you.
If the deletion of your personal data would prevent us from continuing to provide services or fulfilling our obligations under an existing contract, we reserve our legal rights to take appropriate action, including the termination of services.
Alternatively, you may request the deactivation of your account, which will prevent us from further using your personal data for future transactions but may still retain some information for legal or compliance purposes. You may contact us to deactivate your account at info@mauritiuscalendar.com.
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