The following pages contain our Terms of Service Agreement (Terms of Service).
These Terms of Service govern all of our Platform, all of which are offered subject
to your acceptance without modification. In addition to the Sections below, these
Terms of Service include and incorporate by reference the following agreements,
terms, policies, requirements and guidelines:
You agree to Our Terms of Service and enter into a binding contract with Atendify when you:
sign up for a registered account by clicking “Sign Up,” “Register Now,” “Get Started” or similar buttons,
purchase a ticket to or register for an event
purchase merchandise, a service or make a payment related to an event,
If you are not a registered user, you agree to these Terms of Service and you enter into a binding contract with Atendify by downloading the
mobile appl or using, accessing or browsing any part of our Platform. If you do not agree to any portion of these Terms of Service,
do not use or access our Platform. If you will be using our Platform on behalf of an entity, you agree to Our Terms of Service on behalf of the entity
and its affiliates and you represent that you have the authority to do so. In such case, “you” and “your” will refer to that entity.
If you do not have such authority, or if you do not agree to any portion of Our Terms of Service, do not use or access our Platform.
Atendify reserves the right, at its sole discretion, to modify or replace any of Our Terms or conditions of Our Terms of Service
(or any of the agreements that make up Our Terms of Service) at any time. Modifications to Our Terms of Service will be posted on the
Atendify website with a change to the "Updated” date at the top of Our Terms of Service. In certain circumstances Atendify may provide
you with additional notice of such Modifications, via email or with in-Service notifications. Modifications will be effective thirty (30)
days following the "Updated” date or such other date as communicated in any other notice to you, except that changes addressing new
functions of our Platform or which do not impose any additional burdens or obligations on you will be effective immediately. It is your
responsibility to check Our Terms of Service periodically for Modifications. Your continued use of our Platform following the effectiveness
of any Modifications to Our Terms of Service constitutes acceptance of those Modifications as well. If any Modification to Our Terms of
Service is not acceptable to you, you must cease accessing, browsing and otherwise using our Platform. Other than as set out in this
paragraph, Our Terms of Service may only be modified through a written Addendum Agreement, signed by you and an authorized officer of
2.2 TERMINATION BY ATENDIFY
Atendify may terminate your right to use the Platform at any time for:
your violation or breach of Our Terms of Service;
your misuse or abuse of our Platform; or
if allowing you to access and use our Platform would violate any applicable local, state, provincial,
national and other laws, rules and regulations or would expose Atendify to legal liability.
We will use reasonable efforts to provide you notice of any such termination. Further, you agree that Atendify shall not be liable
to you or any third-party for any such termination of your right to use or otherwise access our Platform.
2.3 TERMINATION BY YOU
You may terminate your access to our Platform and Our Terms of Service by deleting your account. If you need help deleting your account, please contact
us. In the event there is a separate agreement between you and Atendify governing your use of our Platform and that agreement terminates or expires,
Our Terms of Service (as unmodified by such agreement) shall govern your use of our Platform unless and until you delete your account.
You agree to defend, indemnify and hold Atendify, and its affiliates, subsidiaries, and each of its and their respective officers,
directors, agents, co-branders, licensors, payment processing partners, other partners and employees, harmless from any and all damage
(whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation,
reasonable attorneys’ and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court,
mediator or otherwise) or investigation made by any third party (each a Claim) due to or arising out of:
the Merchant Agreement and any other part of Our Terms of Service;
your improper use of the Platform;
your breach of any applicable local, state, provincial, national or other law, rule or regulation or the
rights of any third party; or
in the case of promoters, your events or the fact that Atendify was providing Platform with respect to those events,
provided that in the case of
this indemnification shall not apply to the extent that the Claim arises out of Atendify’s gross negligence or willful misconduct.
Atendify shall provide notice to you of any such Claim, provided that the failure or delay by Atendify in providing such notice shall not limit your obligations
hereunder except to the extent you are materially disadvantaged by such failure.
2.5 LIMITATION OF LIABILITY
To the extent permitted by applicable laws, Atendify, and its affliates and subsidaries, and each of its and their respective officers, directors, agents, co-branders,
licensors, payment processing partners, other partners, employees and any applicable payment schemes, shall not be liable under any circumstances or under any legal theory,
Atendify provides a marketplace in which Attendees and promoters can connect. Atendify could not function if it were held responsible for
the actions or inactions of different Attendees, promoters and/or third parties both on and off our Platform. Therefore, as an inducement to
Atendify permitting you to access and use our Platform, you hereby agree to release Atendify, and its affiliates and subsidiaries, and each of its and
their respective officers, directors, agents, partners and employees from all damages (whether direct, indirect, incidental, consequential or otherwise),
losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of or in any way connected with disputes between you and
third parties (including other Users) in connection with our Platform or any event listed on our Platform.
2.7 ENTIRE AGREEMENT
agreement between you and Atendify and govern your use of our Platform, superseding any prior or contemporaneous agreements, proposals,
discussions or communications between you and Atendify on the subject matter.
2.8 GOVERNING LAW
Our Terms of Service and the providing of our Platform to you are governed by the laws of Jamaica.
Copyright 2016. Atendify Entertainment Platform Limited. All Rights Reserved.