1. Who We Are.

1.1 TiME TICKETS COMPANY LIMITED

Welcome to TiME TICKETS! We are a total ticketing company dedicated to re-define ticketing experience through our platforms such as mobile and web. We enable people to create, discover, share, register and pay for events or fundraising campaigns. Our profile is available on our website at www.timetickets.co.tz

 

1.2 The Services.

TiME TICKETS’ websites and domains, including www.timetickets.co.tz and www.timetickets.net and all of the webpages, subdomains, and subparts of those websites (collectively, our “Site”), all of the services available on or through the Site or otherwise provided by us (including our application programming interfaces), and all of our mobile applications, including without limitation, Time Tickets App (collectively, the “Applications”)  and WEZESHAsasa platform are offered, maintained and provided by TiME TICKETS COMPANY LIMITED. We refer to all of these as our “Services.”

 

1.3 Users.

Through the Services, TiME TICKETS provides a simple and quick means for registered users who are event organisers, planners and charitable organisations (“Organisers”) to create event registration, speaker profile, organiser profile, fundraising and other webpages related to their events, to promote those pages and events to visitors or browsers on the Services and to sell tickets and registrations (or issue free registrations), solicit donations and sell merchandise related to those events to users who wish to make purchases, registrations or donations from or to such events (including to free events) (“Attendees”). We refer to Organisers, Attendees and other visitors and browsers of the Services collectively as “Users” or “you.”

 

1.4 Contracting Party.

If you are a user located in Tanzania, the Services are being provided to you by, and you are entering into these Terms of Service with TiME TICKETS COMPANY LIMITED with head offices at COSTECH Building, 3rd Floor – Room No. 21, and registered under Certificate of Incorporation number 106282 with the Taxpayer Identification Number (TIN) 124-753-783.

For purposes of these Terms of Service TiME TICKETS COMPANY LIMITED shall be referred to as “us,” “we” or “our.”

 

2. Our Terms Of Service.

2.1 Terms of Service Agreement.

The following pages contain our Terms of Service Agreement (“Terms of Service”). These Terms of Service govern all of our Services, all of which are offered subject to your acceptance without modification of these Terms of Service. In addition to the Sections below, these Terms of Service include and incorporate by reference the following agreements, terms, policies, requirements and guidelines:

• Our Terms of Use available in Annex 1

• Our Trademark and Copyright Policy available in Annex 2

• Our privacy policy is available in Annex 3

• Additional terms and conditions that are displayed along with additional Services that you may use or purchase from time to time.

 

3. Your Acceptance.

3.1 Binding Agreement.

You agree to these Terms of Service and you enter into a binding contract with TiME  TICKETS either when you sign up for a registered account by clicking “Sign Up,” “Register Now,” “Get Started” or similar buttons, or if you are an unregistered Attendee, when you purchase a ticket to or register for an event (including free events) or purchase merchandise, a service or make a donation related to an event or campaign, in each case by clicking “Pay Now,” “Register Now,” “Buy Now” or similar buttons, or in accordance with Section 3.2 below. If you are not a registered user or an unregistered Attendee, you agree to these Terms of Service and you enter into a binding contract with TiME TICKETS by downloading Applications or using, accessing or browsing any part of the Services. If you do not agree to any portion of these Terms of Service, do not use or access the Services. If you will be using the Services on behalf of an entity, you agree to these Terms of Service on behalf of that 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 these Terms of Service, do not use or access the Services.

 

3.2 Modifications.

Except to the extent set forth in Section 5.10 below, TiME TICKETS reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of these Terms of Service (or any of the agreements that make up these Terms of Service) at any time (collectively, “Modifications”). Modifications to these Terms of Service will be posted to the TiME TICKETS website with a change to the "Updated” date at the top of these Terms of Service. In certain circumstances TiME TICKETS 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 the Services or which do not impose any additional burdens or obligations on you will be effective immediately. It is your responsibility to check these Terms of Service periodically for Modifications. Your continued use of the Services following the effectiveness of any Modifications to these Terms of Service constitutes acceptance of those Modifications as well. If any Modification to these Terms of Service is not acceptable to you, you must cease accessing, browsing and otherwise using the Services. Other than as set forth in this paragraph, these Terms of Service may only be modified through a written Ticketing Services Agreement or written Addendum Agreement, signed by you and an authorized officer of TiME TICKETS.

 

3.3 Language.

We may translate these Terms of Service (or any of the agreements that make up these Terms of Service) into other languages for your convenience. The English language version of each of these documents is the version that governs your use of the Services and in the event of any conflict between the English language version and a translated version, the English language version will control.

 

4. Term; Termination.

4.1 Term.

These Terms of Service are effective upon your Acceptance as set forth under Section 3.1 above and continue in effect until terminated.

 

4.2 Termination by TiME TICKETS.

Except to the extent we have agreed otherwise in a separate written Addendum Agreement or Ticketing Services Agreement between you and an authorized officer of TiME TICKETS, TiME TICKETS may terminate your right to use the Services at any time for (a) your violation or breach of these Terms of Service; (b) your misuse or abuse of the Services; or (c) if allowing you to access and use the Services would violate any applicable local, national and other laws, rules and regulations or would expose TiME TICKETS to legal liability. We will use reasonable efforts to provide you notice of any such termination. Further, you agree that TiME TICKETS shall not be liable to you or any third-party for any such termination of your right to use or otherwise access the Services.

 

4.3 Termination by You.

Except to the extent you have agreed otherwise in a separate written Addendum Agreement or Ticketing Services Agreement between you and an authorized officer of TiME TICKETS, you may terminate your access to the Services and these 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 TiME TICKETS governing your use of the Services and that agreement terminates or expires, these Terms of Service (as unmodified by such agreement) shall govern your use of the Services unless and until you delete your account.

 

4.4 Survival of Terms.

All provisions of these Terms of Service that by their nature should survive termination of these Terms of Service shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, agreements to arbitrate, choices of law and judicial forum and intellectual property protections and licenses).

 

5. Important Legal Terms Governing All Use Of The Services (AKA, The Legal “Stuff”).

5.1 Indemnification.

You agree to defend, indemnify and hold TiME TICKETS, and its affiliates and 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: (a) your breach of these Terms of Service, including, without limitation the Terms of Use, the Merchant Agreement and any other part of these Terms of Service; (b) your improper use of the Services; (c) your breach of any applicable local, national or other law, rule or regulation or the rights of any third party; or (d) in the case of Organisers, your events, campaign or the fact that TiME TICKETS was providing Services with respect to those events, provided that in the case of (d), this indemnification shall not apply to the extent that the Claim arises out of TiME TICKETS’s gross negligence or willful misconduct.  TiME TICKETS shall provide notice to you of any such Claim, provided that the failure or delay by TiME TICKETS in providing such notice shall not limit your obligations hereunder except to the extent you are materially disadvantaged by such failure.

 

5.2 Disclaimer of Warranties.

TiME TICKETS PROVIDES OUR SERVICES USING A COMMERCIALLY REASONABLE LEVEL OF SKILL AND CARE AND WE TRY TO KEEP TiME TICKETS UP, BUG-FREE AND SAFE. BUT THERE ARE CERTAIN THINGS THAT WE DON’T PROMISE ABOUT OUR SERVICES AND YOU USE THE SERVICES AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAWS, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TiME TICKETS HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. BY WAY OF EXAMPLE, TiME TICKETS MAKES NO WARRANTY THAT (A) THE SERVICES (OR ANY PORTION OF THE SERVICES) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. YOU ACKNOWLEDGE THAT TiME TICKETS HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF EVENTS OR CAMPAIGN ADVERTISED, THE TRUTH OR ACCURACY OF ANY USERS’ (INCLUDING ATTENDEES’, OTHER NON-ORGANIZERS’ AND ORGANIZERS’) CONTENT OR LISTINGS OR THE ABILITY OF ANY USER (INCLUDING ATTENDEES AND ORGANIZERS) TO PERFORM OR ACTUALLY COMPLETE A TRANSACTION AND TiME TICKETS IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES, AND TiME TICKETS HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD PARTIES.

NOTHING IN THESE TERMS OF SERVICE IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY WILLFUL ACTS, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIABILITY AND OTHER LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

5.3 Release.

TiME TICKETS provides a marketplace in which Attendees and Organisers can transact. However, TiME TICKETS could not function if it were held responsible for the actions or inactions of different Attendees, Organisers and/or third parties both on and off the Services. Therefore, as an inducement to TiME TICKETS permitting you to access and use the Services, you hereby agree to release TiME TICKETS, 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 the Services or any event listed on the Services. In addition, you waive any applicable law or statute, which says, in substance:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOUR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE RELEASED PARTY."

 

5.4 Trademarks.

The trademarks, service marks and logos of TiME TICKETS (the “TiME TICKETS Trademarks”) used and displayed in connection with the Services are registered and unregistered trademarks or service marks of TiME TICKETS. Other company, product and service names used in connection with the Services may be trademarks or service marks owned by third parties (the “Third Party Trademarks,” and, collectively with TiME TICKETS Trademarks, the “Trademarks”). The offering of the Services shall not be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Trademark displayed in connection with the Services without the prior written consent of TiME TICKETS specific for each such use. The Trademarks may not be used to disparage TiME TICKETS, any third party or TiME TICKET's or such third party’s products or services, or in any manner that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless TiME TICKETS approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any TiME TICKETS Trademark shall inure to TiME TICKET’s benefit.

 

5.5 Patents; Copyrights.

A number of issued patents and patents pending apply to the Services. The Content (as defined in the Terms of Use) of the Services is also protected by copyrights owned by TiME TICKETS and/or third parties. Please note that if you copy portions of the Services you are violating these patent rights and copyrights.

 

5.6 Notices.

Notices to you may be sent via either email or regular mail to the address in TiME TICKET’s records. The Services may also provide notices of changes to these Terms of Service or other matters by displaying notices or links to notices to you generally on the Services. If you wish to contact TiME TICKETS or deliver any notice, you can do so as follows:

TiME Tickets Co. Ltd

P. O Box 53796,

COSTECH Building, 3rd Floor – Room No. 21

Kijitonyama Ali Hassan Mwinyi Rd,

Dar es Salaam, Tanzania.

Email: info@timetickets.co.tz

 

5.7 Entire Agreement.

These Terms of Service, including the Terms of Use and any other part of these Terms of Service, constitute the entire agreement between you and TiME TICKETS and govern your use of the Services, superseding any prior or contemporaneous agreements, proposals, discussions or communications between you and TiME TICKETS on the subject matter hereof, other than any written Ticketing Services Agreement, TiME TICKETS Equipment Lease Agreement or Addendum Agreement between you and an authorized officer of TiME TICKETS relating to a specified event or events.

 

5.8 Choice of Law.

These Terms of Service and the provision of the Services to you are governed by the laws of the United Republic of Tanzania without reference to principles of conflict of laws.

 

5.9 Waiver; Invalid Provisions.

The failure or delay of TiME TICKETS to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. No oral waiver, amendment or modification shall be effective under any circumstance whatsoever. If any provision of these Terms of Service is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service shall remain in full force and effect.

 

5.10 Titles.

Any Section titles in these Terms of Service are for convenience only and have no legal or contractual effect.

 

5.11 Violations.

Please report any violations of these Terms of Service by email.

 

5.12 Assignment.

We may, without your consent or approval, freely assign these Terms of Service and our rights and obligations under these Terms of Service, whether to an affiliate or to another entity in connection with a corporate transaction or otherwise.

 

5.14 Relationship.

No independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Terms of Service, except to the extent expressly set forth in Section 4 of the Terms of Use and the Organiser/ Merchant Agreement. 

 

Annex 1: Terms of Use

1.1 Application.

The following policy sets forth the terms and conditions upon which you may use the Services (the “Terms of Use”). If you use the Services in any way, these Terms of Use apply to you. By accepting the Terms of Service and using the Services in any manner, you agree to these Terms of Use without modification and enter into a binding contract with TiME TICKETS.

 

1.2 Incorporation By Reference.

These Terms of Use and the rights and obligations contained in these Terms of Use are in addition to and are incorporated into the Terms of Service by reference. Nothing in these Terms of Use shall be deemed to modify, waive, amend or rescind any other term of the Terms of Service.

 

2. Your use of the services.

2.1 The Services.

TiME TICKETS hereby grants you a personal, non-exclusive, non-transferable, non-sub licensable (except to sub-Users registered via the Services), revocable (in accordance with Section 4 of the Terms of Service), limited right to access and use the Services solely for the purposes of (a) browsing the Services and searching for, viewing, registering for or purchasing tickets or making fundraising campaigns, donations to an event that is registered on the Services; and/or (b) if you are an Organiser, creating event registration, speaker profile, organiser profile, fundraising and other webpages with respect to, and promoting, managing, tracking, and collecting sales proceeds for, an event, in each case (i) in compliance with these Terms of Use and the Terms of Service; and (ii) to the extent permitted under all applicable local, national and other laws, rules and regulations. Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly (A) copy, modify, reproduce, translate, localize, port or otherwise create derivatives of any part of the Services; (B) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local, national or other law, rule or regulation); (C) rent, lease, resell, distribute, use the Services for timesharing, service bureau or other commercial purposes not contemplated by this paragraph or otherwise exploit the Services in any unauthorized or unintended manner; (D) remove or alter any proprietary notices or labels on or in the Services; or (E) engage in any activity that interferes with or disrupts the Services. Any rights not expressly granted in this paragraph are reserved.

 

2.2 Applications.

You may access and use the Services through our Applications. For clarity, any access to or use of the Services via the Applications and the Applications themselves shall be deemed to be part of the Services and subject to the Terms of Service and these Terms of Use. This right to access and use the Applications may be revoked in accordance with Section 4 of the Terms of Service and TiME TICKETS may discontinue or modify the Applications as set forth in Section 12 below.

 

3. TIME Tickets’ Role.

3.1 Listing Service and Limited Agent.

TiME TICKETS is not the organiser or owner of the events listed for sale or registration on the Services. TiME TICKETS provides the Services, which allow Organisers to list and promote their events or campaigns, but all sales are made by the respective Organiser listed on the applicable event page. In the event that an Organiser has elected to use TiME TICKETS’s Payment Processing Service, TiME TICKETS also acts as the Organiser’s limited agent solely for the purpose of using its third party payment providers to collect payments made by Attendees on the Services with respect to an event and passing such payments through to the applicable Organiser. It is the Organizer’s sole obligation to ensure that any event page posting on the Services and the nature and conduct of the underlying event meet all applicable local, national and other laws, rules and regulations, and that the goods and services described in any event page posting are actually delivered in a satisfactory manner.

 

3.2 Selection of Payment Processing Method.

As an Organiser, you may select your preferred payment processing method for your event, provided, that once you sell the first ticket to an event you may not change the payment processing method for that event. As an Attendee, you will be using whatever payment processing method the Organiser of the applicable event has selected. If the Organiser has selected a payment processing method that uses a third party to process the payment, then neither TiME TICKETS nor any of its third party payment processing partners processes the transaction but may transmit your payment details to the Organiser’s designated payment provider. If the Organiser has elected to use TiME TICKETS’s Payment Processing Service, TiME TICKETS will use third party payment processing partners to process the transaction as Organiser’s limited payment agent.

 

4. Email.

4.1 Email Tools.

TiME TICKETS may make available to you features and tools that allow you to contact other users of the Services or third parties via email (the “Email Tools”). In the event that you use these Email Tools, you represent, warrant and agree that:

(a) you have all right and authority necessary to send emails to the addresses on your recipient list, including without limitation, that such addresses were gathered on an opt-in basis in any jurisdiction where that is required by applicable local, state, provincial, national or other law, rule or regulation, and your emailing of such addresses complies with the privacy policy under which the recipient emails were gathered and which was disclosed to recipients at the time of gathering;

(b) your use of the Email Tools is in compliance with all applicable local, regional , national and other laws, rules and regulations, including those relating to spam and email;

(c) your use of the Email Tools will be solely to advertise, promote and/or manage a bona fide event that you have listed on the Services;

(d) your use of the Email Tools and the content of your emails complies with Section 8.1 of these Terms of Use;

(e) you will not use false or misleading headers or deceptive subject lines in emails sent using the Email Tools;

(f) you will identify the email message as an advertisement or commercial in nature;

(g) you will not hide, disable, remove, or attempt to hide, disable or remove the unsubscribe link that TiME TICKETS includes on every email; and

(h) you will not email any person that you know or have reason to know has opted out of receiving emails from you.

 

4.2 Remedies.

If you fail to abide by any of the foregoing, if your use of the Email Tools results in bounce rates, complaint rates or unsubscribe requests in excess of industry standards or if your emails are found to cause disruption to the Services, TiME TICKETS may, among other actions, limit or suspend your access to the Email Tools.

 

5. Account, Password and Security.

5.1 Registration.

As part of certain registration processes on the Services, you will create an account or change or add information about your account. You agree (a) to provide true, accurate, current and complete information about yourself, or if you are using the Services on behalf of an entity, the entity, as prompted by each Service registration form (the “Registration Data”); and (b) to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. In the event of any dispute between two or more parties as to account ownership, you agree that TiME TICKETS shall be the sole arbiter of such dispute in its discretion and that TiME TICKETS’s decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.

 

5.2 Security.

You are responsible for maintaining the confidentiality of your password and account details, and are fully responsible for all activities that occur under your account, including without limitation, all actions by sub-users registered under your account. You agree to immediately notify TiME TICKETS of any unauthorized use of your password or account or any other breach of security.

 

5.3 Age Restrictions.

TiME TICKETS is concerned about the safety and privacy of children. For this reason, and to be consistent with the terms of use of any third party service providers used by TIME TICKETS, you must be at least eighteen (18) years of age, or the legal age of majority where you reside, to use the Services. Otherwise you may use the Services only with the involvement of a parent or guardian. In any event, you may not use the Services if you are under the age of thirteen (13).

 

6. Content.

6.1 Site Content.

You agree that all material, including without limitation information, data, text, editorial content, design elements, look and feel, formatting, graphics, images, photographs, videos, music, sounds and other content (collectively, “Content”), contained in or delivered via the Services or otherwise made available by TiME TICKETS in connection with the Services (collectively, “Site Content”) is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. TiME TICKETS may own the Site Content or portions of the Site Content may be made available to TiME TICKETS through arrangements with third parties. The compilation of all Site Content included in or made available through the Services is the exclusive property of TiME TICKETS and is protected by copyright laws. Except as expressly authorized by TiME TICKETS in writing or in connection with your permitted use of the intended functionality of the Services, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Site Content, or post any Site Content on any other website or in a networked computer environment for any purpose. You shall use the Site Content only for purposes that are permitted by these Terms of Use and any applicable local, state, provincial, national or other law, rule or regulation. Any rights not expressly granted herein are reserved.

 

6.2 Your Content.

You acknowledge and agree that if you contribute, provide or make available any Content to the Services (“Your Content”), you hereby grant to TiME TICKET a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub licensable (through multiple tiers) right and licence to access, use, reproduce, transmit, adapt, modify, perform, display, distribute, translate, publish and create derivative works based on Your Content, in whole or in part, in any media, for the purpose of operating the Services (including TiME TICKETS’s promotional and marketing services), and you hereby waive any and all moral right to use the name you submit with Your Content. Notwithstanding the foregoing,  TiME TICKETS does not claim, and you do not transfer, any ownership rights in any of Your Content and nothing in these Terms of Use will restrict any rights that you may have to use and exploit Your Content outside of the Services. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing licence, and that all Your Content (a) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party; (b) complies with all applicable local, state, provincial, national and other laws, rules and regulations; and (c) does not violate the Terms of Service, including without limitation these Terms of Use and the Privacy Policy. In addition, Your Content must be accurate and truthful. TiME TICKETS reserves the right to remove any of Your Content from the Services at any time if TiME TICKETS believes in its discretion that it violates the Terms of Service, including without limitation, these Terms of Use. In addition, you agree that TiME TICKETS may use your name and logo (whether or not you have made it available through the Services) for the purpose of identifying you as an existing or past customer of TiME TICKETS both on the Services and in marketing, advertising and promotional materials.

 

6.3 Feedback & Revisions.

You hereby acknowledge that (a) any and all suggestions for correction, change and modification to the Services and other feedback (including but not limited to quotations of written or oral feedback), information and reports provided to TiME TICKET by you (collectively “Feedback”); and (b) all improvements, updates, modifications or enhancements, whether made, created or developed by TiME TICKETS or otherwise relating to Feedback (collectively, “Revisions”), are and will remain the property of TiME TICKETS. All Feedback and Revisions become the sole and exclusive property of TiME TICKETS and TiME TICKETS may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to TiME TICKET any and all right, title and interest (including, but not limited to, any patent, copyright, future copyright, trade secret, trademark, show-how, know-how and any and all other intellectual property right) that you may have in and to any and all Feedback and Revisions. You hereby agree to waive any moral rights you may have in any and all Feedback and Revisions, and consent to any act which amounts to an infringement of any such moral right, in favour of TiME TICKETS. At TiME TICKET’s request, you will execute any document, registration or filing required to give effect to these provisions.

 

7. Conduct.

7.1 Certain Restrictions.

You understand that you are liable for all Content, in whatever form, that you provide or otherwise make available to or through the Services, including to other users of the Services. You agree (1) to use the Services in accordance with policies; and (2) not to use the Services to:

(a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

(b) harm minors in any way;

(c) facilitate gambling, gaming, lotteries, raffles, contests, sweepstakes and/or any other activity featuring the award of a prize other than raffles, contests or sweepstakes conducted in a manner that complies in all respects with TiME TICKETS’s policies.

(d) Impersonate any person or entity, including, but not limited to, TiME TICKETS representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;

(f) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(g) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, right of publicity or personality, or other intellectual property or proprietary rights of any person or entity;

(h) upload, post, email, transmit or otherwise make available any Content related to the sale or provision of goods and services other than the sale or provision of tickets and registrations to bona fide events listed on the Services and other goods and services being sold or provided in conjunction with such events;

(i) upload, post, email, transmit or otherwise make available any Content that contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of or to otherwise interact with the Services in a manner not permitted by the Terms of Service (including without limitation these Terms of Use);

(j) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;

(k) attempt to probe, scan or test the vulnerability of any TiME TICKETS server or network or breach any security or authentication measures, unless you are an authorized contractor of TiME TICKETS specifically engaged to provide such services;

(l) attempt to avoid or circumvent any technological measure implemented by TiME TICKETS to protect the Services or Content on the Services, including without limitation, encryption technology used to protect sensitive personal information;

(m) solicit any User to use a third party service that competes with TiME TICKETS;

(n) advertise your event but complete sales independent of the Services in order to circumvent the obligation to pay fees related to the Services;

(o) intentionally or unintentionally violate any applicable local, regional, national or other law, rule or regulation, including without limitation laws and regulations regarding the sale of tickets;

(p) resell tickets or registrations;

(q) collect credit card number, expiration date or CSC code or any other credit card information other than in the fields under “Payment” on the order payment page;

(r) collect social security or insurance number, financial account number, drivers’ licence number, health information or other sensitive information required to be secured under applicable local, state, provincial, national or other law, rule or regulation or for which disclosure is required in case of a data breach without first obtaining TiME TICKETS’s prior written consent; or

(s) stalk or otherwise harass any person or entity.

 

7.2 Certain Remedial Rights.

You acknowledge that TiME TICKETS does not pre-screen Your Content or the Content of any other User in connection with the Services, but that TiME TICKETS and its designees shall have the right (but not the obligation) to monitor, alter, edit or remove any of Your Content, in whole or in part, based on violations of the Terms of Service, including without limitation, these Terms of Use. If we believe that Your Content could be changed so as to not violate the Terms of Service, we will attempt to send you notice prior to taking any such action, provided, that if we must act immediately to comply with applicable local, regional, national or other law, rule or regulation or to limit our liability, we may take such action without prior notice. You acknowledge and agree that TiME TICKETS may preserve Your Content and account information and may also disclose Your Content and account information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) respond to claims that any of Your Content violates the rights of third parties; (c) enforce or administer the Terms of Service, including without limitation, these Terms of Use; and/or (d) protect the rights, property and/or personal safety of TiME TICKETS, its users and/or the public, including fraud prevention. You understand that the technical processing and transmission of the Services, including Your Content, may involve transmissions over various networks and/or changes to conform and adapt to technical requirements of connecting networks or devices.

 

8. Sub-domains.

TiME TICKETS may provide you with the right to use a sub-domain within the Site (e.g., [sub-domain prefix].timetickets.co.tz for a given event or campaign. All such sub-domains are the sole property of TiME TICKETS and we reserve the right to determine the appearance, design, functionality and all other aspects of such sub-domains. In the event TiME TICKETS provides you with a sub-domain, your right to use such sub-domain will continue only for so long as your event is actively selling on the Services and you are in compliance with the Terms of Service, including without limitation, these Terms of Use. If TiME TICKETS terminates your right to use a sub-domain for any other reason, it will provide you with a new sub-domain.

 

9. Additional Services.

TiME TICKETS may, upon request, and for such fees as TiME TICKETS may establish from time to time in its sole discretion, provide additional services to you beyond the basic functionality of the Site and Applications, including without limitation, marketing and promotion services, leasing ticket scanning and other equipment, providing on-site entry management consultants to assist you with your event set-up and providing dedicated account management services. All such additional services, whether provided prior to, during or following your event, shall be deemed a part of the Services and subject to all the terms and conditions of the Terms of Service, including without limitation, these Terms of Use. Such additional services shall be set forth in additional terms and conditions or other written agreements between you and an authorized officer of TiME TICKETS, and shall set forth the applicable fees and the other terms and conditions relating to such additional services.

 

10. Service Modifications.

TIME TICKETS isn’t a job shop, it isn’t a white label solution and it isn’t a walled garden built specifically for each Organiser. TiME TICKETS is one of the broadest and most full featured event ticketing and registration platforms in the world. We are constantly evolving our products and services to better meet the needs of our entire user base. Because of this, we do not guarantee any set of product features or functionality and reserve the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, any part of the Services for any reason. Because you only pay fees to TiME TICKETS as you use the Services, there would be no refund of fees already due following any such change to the Services.

 

11. Links.

11.1 Third Party Websites.

The Services may provide, or Users may provide, links to other Internet websites or resources. Because TiME TICKETS has no control over such websites and resources, you acknowledge and agree that TiME TICKETS is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such websites or resources, or any damages or losses related thereto, even if such websites or resources are connected with TiME TICKETS partners or third party service providers.

11.2 Linked Accounts.

As part of the Services you may be able to link an account you have with a third party service, such as a social media website. By linking such third party account, you agree that TiME TICKETS may access, make available to and store any Content that you have provided to and stored in such third party account so that it is available on or through the Services. Such content may include personally identifiable information.

 

12. Privacy; Customer Information.

12.1 Privacy Policy.

All information provided by Users or collected by TiME TICKETS in connection with the Services is governed by TiME TICKETS’s Privacy Policy. The Privacy Policy is incorporated into the Terms of Service by reference. TiME TICKETS strongly recommends that you review the Privacy Policy.

12.2 Co-Ownership.

TiME TICKETS follows a “co-ownership model” with respect to Attendee Information (as defined below). This means that all Attendee Information inputted by an Attendee on event pages posted by an Organiser on the Services will be shared with the applicable Organiser and may also be used by TiME TICKETS in accordance with our Privacy Policy, including marketing or promotion of other events or services that may be of interest to the applicable Attendee. Note that Payment Data (as defined below) will not be shared with Organisers. Each Attendee acknowledges and agrees to this sharing and understands and agrees that each Organiser is solely responsible for the use of Attendee Information that was provided to such Organiser through the Services and that TiME TICKETS is responsible only for its own use of Attendee Information. Each Organiser represents, warrants and agrees that (a) it will at all times comply with all applicable local, regional, national and other laws, rules and regulations with respect to Attendee Information; (b) it will at all times comply with any applicable policies posted on the Services with respect to Attendee Information; and (c) upon a request of a given Attendee or as permitted in Section 8.2 of these Terms of Use, TiME TICKETS is authorized at its discretion to delete or anonymize Attendee Information of a requesting Attendee from the Services at which time it will no longer be available to Organiser through the Services or will no longer be linked to an identifiable Attendee through the Services. However, Attendees should note that Attendee Information may still be available in the Organiser’s own databases if transmitted prior to TiME TICKETS receiving the underlying request. For purposes of this Section, “Attendee Information” means information about a given Attendee made available on or through the Services, including, without limitation, name, address, e-mail address, past event attendance, event interests, credit card type, last 4 credit card digits and phone numbers, but excluding Payment Data.

12.3 Payment Data.

TiME TICKETS will not share with an Organiser any Payment Data. “Payment Data” means any full credit card number or other full payment account number and the related expiration date and security code entered by an Attendee on the Services in order to purchase a ticket or registration, make a donation or purchase merchandise related to events, so long as such information is entered in the fields under “Payment” on the order payment page. Note that if an Attendee enters such information in other areas of the Services or otherwise provides it to another User, it may not be encrypted and may be automatically shared with the applicable Organiser, so Attendees should enter such information only under “Payment” on the order payment page.

 

Annex 2: Trademark & Copyright Policy

1.1 Third Party Content.

All information, data, text, editorial content, design elements, look and feel, formatting, graphics, images, photographs, videos, music, sounds and other content (collectively, “Content”), relating to an event on the Services is posted by third party event organisers, attendees or other parties and not by TiME TICKETS (collectively, “Third Party Content”). However, TiME TICKETS takes intellectual property rights seriously. For that reason, we have created a simple process to deal with complaints of alleged infringement of third party trademark rights and copyrights by Third Party Content posted on the Services. This process covers copyrights (e.g., written text, photographs, sound recordings and video clips) and trademarks/service marks (e.g., logos, slogans and names identifying a good or service).

 

1.2 Application.

The following policy sets forth the process by which any third party who believes that their trademark and/or copyrights are being infringed by Third Party Content may have such Content removed from the Services.

 

2. Removing And Re-Posting Of Third Party Content.

2.1 Getting Allegedly Infringing Content Removed.

If you believe in good faith that any Third Party Content made available in connection with the Services infringes your copyright or trademark rights, you (or your agent) may send us a takedown notice requesting that the Content be removed, or access to it be blocked. Such takedown notices need to contain the following information in order for TiME TICKETS to be able to take action:

a) Information reasonably sufficient to permit TiME TICKETS to contact you (i.e., name and address, telephone number and/or email address);

b) Sufficient information to identify the copyrighted works or trademarks that are allegedly being infringed, including registration number and registration office if applicable;

c) Sufficient information to identify the allegedly infringing material that is to be removed and its Internet location (i.e., URL address);

d) A statement that you have a good faith belief that the use of the material is not authorized by the owner, its agent or the law;

e) A statement of the accuracy of the takedown notice, and under penalty of perjury, a statement that you are the owner of the allegedly infringed material or you are authorized to act on behalf of such owner; and

f) A physical or electronic signature of the person submitting the takedown notice.

The simplest and most efficient way to submit a written takedown notice is by reporting the infringement to our team at info@timetickets.co.tz. This is is the fastest method for reporting alleged copyright and/or trademark infringement.

2.2 Liability.

Please note that by submitting a takedown notice, you agree that TiME TICKETS may provide copies of such takedown notice to the alleged infringer and that the information in such takedown notice is subject to TiME TICKETS’s Privacy Policy. In addition, you will be liable for any damages (including costs and attorneys’ fees) incurred by TiME TICKETS or the alleged infringer in the event you knowingly and materially misrepresent that Third Party Content is infringing (taking into consideration copyright defenses (such as fair use) and exceptions). If you are unsure whether the material you are reporting is infringing, you should contact an attorney before filing a takedown notice. TiME TICKETS cannot provide you with legal advice as to whether or not you are entitled to file a takedown notice.

2.3 Takedown.

Upon receiving a valid and fully completed takedown notice, TiME TICKETS expeditiously removes or disables access to the allegedly infringing material and notifies the alleged infringing party.

2.4 Getting Content Reposted That Is Not Infringing.

Note that if your material has been removed by TiME TICKETS from the Services, the fastest way to get your material reposted is to remove the portions of your material that are allegedly infringing as specified in the takedown notice. However, if you cannot or will not remove the allegedly infringing material and you have a good faith belief that the material was removed or access was disabled by mistake or misidentification, you may send a written counter notice to TiME TICKETS. Such counter notices need to contain the following information in order for TiME TICKETS to be able to take action:

a) Information reasonably sufficient to permit TiME TICKETS to contact you (i.e., name and address, telephone number and/or email address);

b) Sufficient information to identify the material that has been removed or to which access has been disabled and its location before removal (i.e., URL address);

c) A statement under penalty of perjury that you have the good faith belief that the material was removed or access to the material was disabled by mistake or misidentification;

d) A statement that you are the account holder of the account to which the takedown notice relates or an authorized representative of such account holder;

e) A statement that you consent to jurisdiction of the federal district court in which your address is located; and

f) A physical or electronic signature of you or your authorized representative (i.e., an agent).

The simplest and most efficient way to submit a written counter notice is reporting the notice to our team at info@timetickets.co.tz.  This is the fastest method to have your dispute reviewed. As a member of the TiME TICKETS community, we ask that you only submit counter notices for materials that you believe (in good faith) that you are entitled to use. Please note that by submitting a counter notice, you agree that TiME TICKETS may provide copies of the counter notice to the complaining party and that the information in such counter notice is subject to TiME TICKETS’s Privacy Policy. Please also note that there may be statutory periods that TiME TICKETS must wait and certain inactions on the part of the complaining party for TiME TICKETS to be able to repost the allegedly infringing material.

2.5 Notice Address.

Takedown notices and counter notices must be submitted in writing to the address below;

TiME Tickets Co. Ltd

P. O Box 53796,

COSTECH Building, 3rd Floor – Room No. 21

Kijitonyama Ali Hassan Mwinyi Rd,

Dar es Salaam, Tanzania.

Email: info@timetickets.co.tz