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Terms and Conditions

Terms and Conditions

P
Written by Partyfer Support Team
Updated over 5 months ago

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

IN PARTICULAR, PROVIDERS SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE CITIES. IN MANY CITIES, PROVIDERS MUST REGISTER, GET A PERMIT, OR OBTAIN A LICENCE BEFORE PROVIDING A SERVICES OR ACCEPTING USERS. CERTAIN TYPES OF SERVICES MAY BE PROHIBITED ALTOGETHER. LOCAL GOVERNMENTS VARY GREATLY IN HOW THEY ENFORCE THESE LAWS. PENALTIES MAY INCLUDE FINES OR OTHER ENFORCEMENT. PROVIDERS SHOULD REVIEW LOCAL LAWS BEFORE PUBLISHING A SERVICE ON PARTYFER.

Last Updated: 28/04/24

1. Key Terms

Partyfer provides technologies (the "Technologies") that connects providers who provide services for events with users seeking to buy such services for use, including, but not limited to, parties, celebrations and other types of events (collectively, “Events”), which is available at partyfer.com and any other websites, mobile sites and applications through which Partyfer provides the Technology (collectively, the "Platform").

If you are using the Platform or Technologies, these Terms and Conditions are between you and Partyfer OÜ (hereinafter referred to as "Partyfer", "we", "us", or "our") with respect to use of the Platform or Services.

"Reservation Request Period" means the time period starting from the time when a reservation is requested by a User (as determined by Partyfer in its sole discretion), within which a Provider may decide whether to confirm or reject that reservation request, as stated on the Platform or Technologies. Different Reservation Request Periods may apply in different places.

"Collective Content" means Member Content and Partyfer Content.

"Content" means text, graphics, images, music, software, audio, video, information or other materials.

"Partyfer Content" means all Content that Partyfer makes available through the Platform and Technologies, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Member Content.

"Provider" means a Member who provides Services via the Platform and Technologies.

'Services” means services, including, but not limited to, restaurants, venues, catering, decoration, party-host, photography, animator, musician and other types of services for events that are provided by a Provider to be available as an offer published via the Platform and Technologies.

"Services Fees" means the amounts that are due and payable by a User in exchange for using Services. The Provider alone, and not Partyfer, is responsible for setting the Services Fees.

“Package” means several Services selected by User and provided by one or more Providers, the reservation of which is requested by the User via the Technology and Platform

"Package Fee" means the sum of Service Fees of all Services selected by the User and included in the "Package"

"Member" means a person who completes Partyfer's account registration process, including but not limited to Providers and Users, as described under "Account Registration" below.

"Member Content" means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Services, Member profile or Partyfer promotional campaign to be made available through the Platform and Technologies.

"User" means a Member who requests from a Provider a reservation of Services via the Platform and Technologies.

"Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes or other taxes, fees that Services providers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.

2. Terms of Using

By using the Platform or Technologies, you agree to comply with and be legally bound by the terms and conditions of these Terms and Conditions ("Terms and Conditions"), whether or not you become a registered user of the Technologies. These Terms govern your access to and use of the Platform and Technologies and all Collective Content (defined below), and constitute a binding legal agreement between you and Partyfer. Please also read carefully our Privacy Policy at http://partyfer.com/privacy

In addition, certain areas of the Platform (and your access to or use of certain aspects of the Technologies or Collective Content) may have different terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and Conditions and terms posted for a specific area of the Platform, Technologies, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Platform, Technologies, or Collective Content.

If you do not agree to these Terms and Conditions, you have no right to obtain information from or otherwise continue using the Platform or Technologies. Failure to use the Platform or Technologies in accordance with these Terms and Conditions may subject you to civil and criminal penalties.

THE PLATFORM AND TECHNOLOGIES COMPRISE A WEBSITE THROUGH WHICH PROVIDERS MAY CREATE SERVICES AND USERS MAY LEARN ABOUT AND RESERVE SERVICES DIRECTLY WITH THE PROVIDERS. YOU UNDERSTAND AND AGREE THAT PARTYFER IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN PROVIDERS AND USERS, NOR IS PARTYFER AN EVENT ORGANISER, AGENT OR HOST. PARTYFER HAS NO CONTROL OVER THE CONDUCT OF PROVIDERS AND USERS OF THE PLATFORM AND TECHNOLOGIES OR ANY SERVICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. IF YOU CHOOSE TO CREATE A SERVICE ON PARTYFER, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH PARTYFER IS LIMITED TO BEING A MEMBER AND AN INDEPENDENT, THIRD-PARTY CONTRACTOR, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF PARTYFER FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF PARTYFER. PARTYFER DOES NOT CONTROL, AND HAS NO RIGHT TO CONTROL, YOUR SERVICES, YOUR OFFLINE ACTIVITIES ASSOCIATED WITH YOUR SERVICES, OR ANY OTHER MATTERS RELATED TO ANY SERVICES, THAT YOU PROVIDE. AS A MEMBER YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FOR THE BENEFIT OF PARTYFER, INCLUDING BY INAPPROPRIATELY USING ANY PARTYFER INTELLECTUAL PROPERTY.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE PLATFORM OR TECHNOLOGIES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE PLATFORM OR USING TECHNOLOGIES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND RECEIVE OUR TECHNOLOGIES, WHETHER OR NOT YOU HAVE REGISTERED WITH THE PLATFORM. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE PLATFORM, TECHNOLOGIES, OR COLLECTIVE CONTENT. If you accept or agree to these Terms and Conditions on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and Conditions and, in such event, "you" and "your" will refer and apply to that company or other legal entity.

3. Modification

Partyfer reserves the right, at its sole discretion, to modify the Platform or Technologies or to modify these Terms and Conditions, including the Technologies Fees, at any time and without prior notice. If we modify these Terms and Conditions, we will either post the modification on the Platform or otherwise provide you with notice of the modification. We will also update the "Last Updated" date at the top of these Terms and Conditions. By continuing to access or use the Platform or Technologies after we have posted a modification on the Platform or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms and Conditions. If the modified Terms and Conditions are not acceptable to you, your only recourse is to cease using the Platform or Technologies.

4. Eligibility

The Platform and Technologies are intended solely for persons who are 18 or older. Any access to or use of the Platform or Technologies by anyone under 18 is expressly prohibited. By accessing or using the Platform or Technologies you represent and warrant that you are 18 or older.

For users in the United States, Partyfer may, to the extent permitted by applicable laws and if we have sufficient information to identify a user, obtain reports from public records of criminal convictions or sex offender registrations of the user. For users outside the United States, we may, to the extent permitted by applicable laws and if we have sufficient information to identify a user, obtain the local version of background or registered sex offender checks in our sole discretion. You agree and authorise us to use your personal information, such as your full name and date of birth, to obtain such reports, including from Partyfer's vendors.

5. How the Platform and Technologies Work

The Platform and Technologies can be used to facilitate the publishing and reserving of Services for Events. Such Services are included in Packages published on the Platform. You may view Packages as an unregistered visitor to the Platform and Technologies; however, if you wish to reserve or create Services, you must first register to create a Partyfer Account (defined below).

As stated above, Partyfer makes available an online platform or marketplace with related technology for Users and Providers to meet online and arrange for reservations of Services directly with each other. Partyfer is not an executor or operator of Services, nor is it a provider of services, and Partyfer does not create, offer, provide, sell, resell, manage and/or control Services. Unless explicitly specified otherwise in the Partyfer platform, Partyfer's responsibilities are limited to facilitating the availability of the Platform and Technologies.

PLEASE NOTE THAT, AS STATED ABOVE, THE PLATFORM AND TECHNOLOGIES ARE INTENDED TO BE USED TO FACILITATE PROVIDERS AND USERS CONNECTING AND RESERVING SERVICES DIRECTLY WITH EACH OTHER. PARTYFER CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY SERVICES AND THE COMPLETENESS, LEGALITY OR QUALITY OF ANY SERVICES. PARTYFER IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL SERVICES OF PROVIDERS. ACCORDINGLY, ANY RESERVATIONS WILL BE MADE OR ACCEPTED AT THE MEMBER'S OWN RISK.

6. Account Registration

In order to access certain features of the Platform or Technologies and to book a Services or create a Services, you must register to create an account ("Partyfer Account") and become a Member. You may register to use the Technologies directly via the Platform or as described in this section.

You can also register to join by logging into your account with certain third-party social networking sites ("SNS") (including, but not limited to, Facebook; each such account, a "Third-Party Account"), via our Platform, as described below. As part of the functionality of the Platform and Technologies, you may link your Partyfer Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Partyfer through the Platform or Technologies; or (ii) allowing Partyfer to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Partyfer and/or grant Partyfer access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Partyfer to pay any fees or making Partyfer subject to any usage limitations imposed by such third-party service providers. By granting Partyfer access to any Third-Party Accounts, you understand that Partyfer will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account ("SNS Content") so that it is available on and through the Platform and Technologies via your Partyfer Account and Partyfer Account profile page. Unless otherwise specified in these Terms and Conditions, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms and Conditions. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Partyfer Account on the Platform and Technologies. Please note that if a Third-Party Account or associated service becomes unavailable or Partyfer's access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Platform and Technologies. You have the ability to disable the connection between your Partyfer Account and your Third-Party Accounts, at any time, by accessing the "Settings" section of the Platform and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Partyfer makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Partyfer is not responsible for any SNS Content.

Your Partyfer Account and your Partyfer Account profile page will be created for your use of the Platform based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Partyfer Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Partyfer reserves the right to suspend or terminate your Partyfer Account and your access to the Platform and Technologies if you create more than one (1) Partyfer Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms and Conditions.

You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Partyfer Account, whether or not you have authorised such activities or actions. You will immediately notify Partyfer of any unauthorised use of your Partyfer Account.

7. Publishing of Services

As a Member, you may create Services. To create a Services, you will be asked a variety of questions about the Services to be published and pricing and related rules and financial terms. You understand and agree that the placement or ranking of Services in search results may depend on a variety of factors, including, but not limited to, Users and Providers preferences, ratings and/or ease of reservation.

Other Members will be able to reserve your Services via the Platform and Technologies based upon the information published in your Services, your User requirements, and Users' search parameters and preferences. You understand and agree that once a User reserved your Services, you may not request the User to pay a higher price than in the reservation.

You acknowledge and agree that you alone are responsible for any and all Services and Member Content you publish. Accordingly, you represent and warrant that any Services you post and the reservation of, or a User's using of, Services you post (i) will not breach any agreements you have entered into with any third parties, and (ii) will (a) be in compliance with all applicable laws, Tax requirements, Intellectual Property laws, and rules and regulations that may apply to any Services you post (including having all required permits, licences and registrations), and (b) not conflict with the rights of third parties. Please note that Partyfer assumes no responsibility for a Provider's compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Partyfer reserves the right, at any time and without prior notice, to remove or disable access to any Services for any reason, including Services that Partyfer, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms and Conditions, or otherwise harmful to Platform or Technologies.

If you are a Provider, you understand and agree that Partyfer does not act as an insurer or as your contracting agent. If a User reserves your Services and uses of your Services, any agreement you enter into with such User is between you and the User and Partyfer is not a party to it.

If you are a Provider, Partyfer makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm or pre-approved for reservation for your Services. You acknowledge and agree that, as a Provider, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who use the Services, including the User and the individuals the User invites to the Event, if applicable.

8. No Endorsement

Partyfer does not endorse any Member. Members are required by these Terms and Conditions to provide accurate information. Although Partyfer may, for transparency or fraud prevention or detection purposes, directly or through third parties, ask you to provide a form of government identification, your date of birth, and other information, or undertake additional checks and processes designed to help verify or check the identities or backgrounds of Members and/or screen Member information against third party databases or other sources, we do not make any representations about, confirm, or endorse any Member or the Member's purported identity or background.

Any references in the Platform to a Member only indicate that the Member has completed a relevant registration process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Partyfer about any Member, including of the Member's identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Platform and Technologies. We therefore recommend that you always exercise due diligence and care when deciding whether to use Services of a Provider or to accept or pre-approved a reservation request from a User, or to have any other interaction with any other Member. Partyfer is not responsible for any harm resulting from your interactions with other Members.

By using the Platform or Technologies, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Partyfer with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Platform regarding any reservations or Services made by you. This limitation shall not apply to any claim by a Provider against Partyfer regarding the remittance of payments received from a User by Partyfer on behalf of a Provider, which instead shall be subject to the limitations described in the section below entitled "Limitation of Liability".

9. Reservations and payments

A. Reservation and payment terms for Providers

If you are a Provider and a reservation is requested for your Services through the Platform, Partyfer will send you an email, text message or message via the Platform informing such reservation.

You as a Provider will be required to either confirm or reject the reservation within the Reservation Request Period, otherwise the reservation will automatically expire. From the moment you confirm the reservation, the reservation made by the User will be considered confirmed by you as a Provider and Partyfer will send the User who made the reservation an email, text message or message through the Platform informing about your confirmation of the reservation.

The Providers, not Partyfer, are solely responsible for honouring any confirmed reservations and making available any Services reserved through the Platform. You acknowledge and agree that you, and not Partyfer, will be responsible for performing the obligations of any such agreements, that Partyfer is not a party to such agreements, and that Partyfer disclaims all liability arising from or related to any such agreements.

You as the Provider agree to collect the Total Fees of the reservation directly from the User at the time agreed with the User and by any payment method agreed with the User.

B. Reservation and payment terms for Users

If you, as a User, reserve Services through the Platform, Partyfer will send you an email, text message or message through the Platform informing you of such reservation.

By reserving Provider Services, you as a User agree and understand that you will be required to enter into an agreement with the Provider and you agree to accept any terms and conditions, rules and restrictions associated with such Services set by the Provider.

You as a User agree to pay the Total Fees for the reservation directly to the Provider on the dates agreed with the Provider and using any payment method agreed with the Provider.

C. The Total Fees of Reservation

The total amount of fees is calculated as the sum of fees for all Services selected and reserved by the User. All fees of the Services are set exclusively by Providers. The Total Fees payable will be displayed to a User before the User reserve Services.

The Total Fees of the reservation is final and cannot be changed without the appropriate agreement of the parties.

If you, as a Provider, confirm a reservation, then you acknowledge and agree to provide the Service at the Total Fees specified in the reservation.

D. Partyfer fees

In consideration for the use of Partyfer's online Platform and Technologies, Partyfer doesn't charge any fees.

F Cancellations

i. Cancellations by Users

As a User, you may cancel any reservation before it is confirmed by the Provider without further obligation.

Once a reservation is confirmed by a Provider, the following cancellation rules apply to Users. A Provider has the right to request compensation from the User for cancelling the reservation. The rules of such compensation are agreed upon directly by the parties.

ii. Cancellations by Providers

The cancellation of a confirmed Reservation by a Provider requires intensive logistical support and can impact the high standard of service by which Partyfer’s marketplace operates. As such, in the event of any cancellation of a confirmed reservation by a Provider, Partyfer reserves the right to impose penalties on the Provider's account including publishing an automated review indicating a cancelled reservations, and suspending or terminating the Provider’s account. A cancellation of a confirmed reservation by a Provider must be made with at least 7 calendar days’ notice.

iii. Cancellations by Partyfer

In certain circumstances, Partyfer may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed reservation. This may be for extenuating circumstances, an emergency, or for any other reason. Additionally, Partyfer reserves the right to cancel any reservation that it deems fictitious in its sole discretion. You hereby agree that Partyfer and the relevant User or Provider will not have any liability for any such cancellation made by Partyfer.

10. Taxes

You as a Provider understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Services. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. Partyfer cannot and does not offer Tax-related advice to any Members. You understand and acknowledge that appropriate governmental agencies, departments or authorities (the "Tax Authority") where your provide your Services may require Taxes to be collected from Providers The laws in jurisdictions may vary.

11. Reserving a Service on Partyfer

As a User, you are responsible for acquiring all the necessary permits from all relevant bodies and insurance policies as well as release forms and other documents relevant to the Event for which the Provider Services are reserved. Partyfer can not be held liable for User not acquiring all the necessary permits and other documents relevant to the Event for which the Provider Services are reserved.

12. Damages

As a User, you are responsible for any damage caused to the Provider in connection with the receipt or using of the Provider's Service, if such damage was received in connection with a violation of the rules and requirements of the Provider applicable to the reserved Services. You acknowledge and agree that, as a User, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invited.

Both Users and Providers acknowledge and agree that any damages arising in connection with the provision of the Services by the Provider and the use of the services by the User will be settled directly between Providers and Users and that Partifer will not bear any responsibility for any such damages and cannot be a party to such proceedings.

13. User Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Platform, Technologies and Collective Content. In connection with your use of the Platform, Technologies and Collective Content, you may not and you agree that you will not:

  • A. violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;

  • B. use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Platform, Technologies or Collective Content;

  • C. access or use our Platform or Technologies to use, expose, or allow to be used or exposed, any Partyfer Content: (i) that is not publicly displayed by Partyfer in its search results pages or listing pages before a reservation is confirmed; (ii) in any way that is inconsistent with the Partyfer Privacy Policy or Terms and Conditions; or (iii) in any way that otherwise violates the privacy rights or any other rights of Partyfer's users or any other third party;

  • D. use the Platform, Technologies or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms and Conditions or in a manner that falsely implies Partyfer endorsement, partnership or otherwise misleads others as to your affiliation with Partyfer;

  • E. dilute, tarnish or otherwise harm the Partyfer brand in any way, including through unauthorised use of Collective Content, registering and/or using Partyfer or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Partyfer domains, trademarks, taglines, promotional campaigns or Collective Content;

  • F. copy, store or otherwise access or use any information contained on the Platform or Collective Content for purposes not expressly permitted by these Terms and Conditions;

  • G. infringe the rights of Partyfer or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right;

  • H. interfere with or damage the Platform or Technologies, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;

  • I. use the Platform or Technologies to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;

  • J. use the Platform, Technologies or Collective Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to using Services;

  • K. "stalk" or harass any other user of the Platform, Technologies or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Partyfer User or Provider;

  • L. offer, as a Provider, any Services that you do not yourself provide or have permission to provide as a service (without limiting the foregoing, you will not list Services as a Provider if you are serving in the capacity of a agent or publishing agent for a third party);

  • M. offer, as a Provider, any Services that may not be provided pursuant to the terms and conditions of an agreement with a third party;

  • N. register for more than one Partyfer Account or register for an Partyfer Account on behalf of an individual other than yourself;

  • O. unless Partyfer explicitly permits otherwise, request or reserve any Services for one purpose and actually use the Services for another purpose;

  • P. contact another Member for any purpose other than asking a question related to a reservation, Services, or the Member's use of the Platform and Technologies;

  • Q. recruit or otherwise solicit any Provider or other Member to join third-party services or websites that are competitive to Partyfer, without Partyfer's prior written approval;

  • R. recruit or otherwise solicit any Member to join third-party services or websites, without our prior written approval;

  • S. impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;

  • T. use automated scripts to collect information from or otherwise interact with the Platform, Technologies or Collective Content;

  • U. use the Platform, Technologies or Collective Content to find a Provider or User and then complete a reservation of a Service independent of the Platform, Technologies for any reasons;

  • V. as a Provider, submit any Services with false or misleading information, including price information, or submit any Services with a price that you do not intend to honour;

  • W. violate these Terms and Conditions;

  • X. engage in disruptive, circumventive, abusive or harassing behaviour in any area or aspect of the Platform or Technologies;

  • Y. post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;

  • Z. systematically retrieve data or other content from the Platform to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;

  • AA. use, display, mirror or frame the Platform, Technologies or Collective Content, or any individual element within the Platform, Technologies or Collective Content, Partyfer's name, any Partyfer trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Platform or Technologies, without Partyfer's express written consent;

  • AB. access, tamper with, or use non-public areas of the Platform or Technologies, Partyfer's computer systems, or the technical delivery systems of Partyfer's providers;

  • AC. attempt to probe, scan, or test the vulnerability of any Partyfer system or network or breach any security or authentication measures;

  • AD. avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Partyfer or any of Partyfer's providers or any other third party (including another user) to protect the Platform, Technologies or Collective Content;

  • AE. forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Platform, Technologies or Collective Content to send altered, deceptive or false source-identifying information;

  • AG. advocate, encourage, or assist any third party in doing any of the foregoing;

Partyfer has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Terms and Conditions, Partyfer may take a range of actions against you, including but not limited to deactivating or cancelling your Service(s) or Partyfer Account, for a violation of this Section or these Terms and Conditions.

Partyfer may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Partyfer or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms and Conditions, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and debugging purposes, or (iv) protect the rights, services or safety of Partyfer, its users, or members of the public. You acknowledge that Partyfer has no obligation to monitor your access to or use of the Platform, Technologies or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Platform and Technologies (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms and Conditions, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms and Conditions. Partyfer reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Partyfer, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms and Conditions or otherwise harmful to the Platform or Technologies.

Reporting Misconduct

If you use services from someone or provide services for someone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Partyfer by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

14. Privacy

You agree that Partyfer's Privacy Policy and Partyfer’s Cookie Policy (as may be updated from time to time) governs Partyfer's collection and use of your personal information.

15. Intellectual Property Ownership and Rights Notices

The Platform, Technologies, and Collective Content are protected by copyright, trademark, and other laws of the Republic of Estonia and foreign countries. You acknowledge and agree that the Platform, Technologies and Collective Content, including all associated intellectual property rights, are the exclusive property of Partyfer and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Platform, Technologies, or Collective Content. All trademarks, service marks, logos, trade names, and any other proprietary designations of Partyfer used on or in connection with the Platform, Technologies, and Partyfer Content are trademarks or registered trademarks of Partyfer in the Republic of Estonia and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Platform, Technologies, and Partyfer Content are used for identification purposes only and may be the property of their respective owners. As a Provider, User, or Member, you understand and agree that you are bound by the Terms and Conditions and Policies that apply to your use of the Platform, Technologies and Collective Content.

16. Partyfer Content and Member Content License

Subject to your compliance with these Terms and Conditions, Partyfer grants you a limited, non-exclusive, non-transferable licence, to (i) access and view any Partyfer Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the licence rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, licence, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Platform, Technologies, or Collective Content, except as expressly permitted in these Terms and Conditions. No licences or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Partyfer or its licensors, except for the licences and rights expressly granted in these Terms and Conditions.

17. Member Content

We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Platform or through Partyfer promotional campaigns, you hereby grant to Partyfer a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free licence, with the right to sublicense, to use, view, copy, adapt, modify, distribute, licence, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Platform and Technologies. Partyfer does not claim any ownership rights in any such Member Content and nothing in these Terms and Conditions will be deemed to restrict any rights that you may have to use and exploit any such Member Content.

You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Platform, Technologies or through Partyfer promotional campaigns. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Platform, Technologies or through Partyfer promotional campaigns or you have all rights, licences, consents and releases that are necessary to grant to Partyfer the rights in such Member Content, as contemplated under these Terms and Conditions; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Partyfer's use of the Member Content (or any portion thereof) on, through or by means of the Platform, Technologies or Partyfer promotional campaigns will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

18. Links

The Platform and Technologies may contain links to third-party websites or resources. You acknowledge and agree that Partyfer is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Partyfer of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

Some portions of the Partyfer platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google's terms of use.

19. Term and Termination, Suspension and Other Measures

A. Term

This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Partyfer terminate the Agreement as described below.

B. Termination for convenience

You may terminate this Agreement at any time by sending us an email. If you cancel your Partyfer Account as a Provider, any confirmed reservations will be automatically cancelled. If you cancel your Partyfer Account as a User, any confirmed reservation will be automatically cancelled.

Without limiting our rights specified below, Partyfer may terminate this Agreement for convenience at any time by giving you 30 days' notice via email to your registered email address.

C. Termination for breach, suspension and other measures

Partyfer may immediately, without notice terminate this Agreement if (i) you have materially breached these Terms and Conditions or our Policies, including but not limited to any breach of your warranties outlined in these Terms and Conditions or breach of the "User Conduct" provisions in these Terms and Conditions, (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Partyfer Account registration, or publishing process or thereafter, (iii) you have violated applicable laws, regulations or third party rights, or (iv) Partyfer believes in good faith that such action is reasonably necessary to protect the safety or property of other Members, Partyfer or third parties, for fraud prevention, risk assessment, security or investigation purposes.

In addition Partyfer may deactivate or delay publications of Services, reviews, or other Member Content, cancel any pending or confirmed reservations, limit your use of or access to your Partyfer Account and the Platform or Technologies, temporarily or permanently suspend your Partyfer Account if (i) you have breached these Terms and Conditions or our Policies, including material and non-material breaches and receiving poor ratings from Providers or Users, or (ii) Partyfer believes in good faith that such action is reasonably necessary to protect the safety or property of Members, Partyfer or third parties, for fraud prevention, risk assessment, security or investigation purposes.

In case of non-material breaches and where appropriate, you will be given notice of any measure by Partyfer and an opportunity to resolve the issue to Partyfer's reasonable satisfaction.

D. Consequences

If we take any of the measures described above we may (i) communicate to your Users or Providers that a pending or confirmed reservation has been cancelled, (ii) support your Users, on an exceptional basis, in finding potential alternative Services, and (iii) you will not be entitled to any compensation for confirmed reservations that were cancelled.

If you or we terminate this Agreement, we do not have an obligation to delete or return to you any of your Member Content, including but not limited to any reviews or Feedback. When this Agreement has been terminated, you are not entitled to a restoration of your Partyfer Account or any of your Member Content. If your access to or use of the Platform and Technologies has been limited or your Partyfer Account has been suspended or this Agreement has been terminated by us, you may not register a new Partyfer Account or attempt to access and use the Platform and Technologies through other Partyfer Accounts.

E. Survival

If you or we terminate this Agreement, the clauses of these Terms and Conditions that reasonably should survive termination of the Agreement will remain in effect.

20. Disclaimers

THE PLATFORM, TECHNOLOGIES AND COLLECTIVE CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, PARTYFER EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. PARTYFER MAKES NO WARRANTY THAT THE PLATFORM, TECHNOLOGIES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. PARTYFER MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SERVICES, PROVIDERS, USERS OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE PLATFORM, TECHNOLOGIES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PARTYFER OR THROUGH THE PLATFORM, TECHNOLOGIES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM OR TECHNOLOGIES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM OR TECHNOLOGIES, INCLUDING, BUT NOT LIMITED TO, ANY PROVIDERS OR USERS. YOU UNDERSTAND THAT PARTYFER DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE PLATFORM OR TECHNOLOGIES OR TO CHECK OR VERIFY ANY SERVICES. PARTYFER MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE PLATFORM OR TECHNOLOGIES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE PLATFORM OR TECHNOLOGIES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM OR TECHNOLOGIES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM OR TECHNOLOGIES, INCLUDING, BUT NOT LIMITED TO, USERS AND PROVIDERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANISED BY PARTYFER. PARTYFER EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USER OR OTHER THIRD PARTY.

21. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM OR TECHNOLOGIES AND COLLECTIVE CONTENT, YOUR SERVICES OR RESERVATIONS OF ANY SERVICES VIA THE PLATFORM OR TECHNOLOGIES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF PARTYFER WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER Partyfer NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE Platform, Technologies AND COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, FROM THE USE OF OR INABILITY TO USE THE PLATFORM OR TECHNOLOGIES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE PLATFORM OR TECHNOLOGIES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM OR TECHNOLOGIES, OR FROM YOUR SERVICES OR RESERVATIONS OF ANY SERVICES VIA THE PLATFORM OR TECHNOLOGIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PARTYFER HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

22. Indemnification

You agree to release, defend, indemnify, and hold Partyfer and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Platform, Technologies, or Collective Content or your violation of these Terms and Conditions; (b) your Member Content; (c) your (i) interaction with any Member, (ii) reservation of a Services, or (iii) creation of a Services; (d) the use or reservation of a Services by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of reservation or use of a Services.

23. Entire Agreement

Except as they may be supplemented by additional Partyfer policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Terms and Conditions constitute the entire and exclusive understanding and agreement between Partyfer and you regarding the Platform, Technologies, Collective Content (excluding Payment Services), and any reservations or publications of Services made via the Platform and Technologies (excluding Payment Services), and these Terms and Conditions supersede and replace any and all prior oral or written understandings or agreements between Partyfer and you regarding reservations or publications of Services, the Platform, Technologies, and Collective Content (excluding Payment Services).

24. Assignment

You may not assign or transfer these Terms and Conditions, by operation of law or otherwise, without Partyfer's prior written consent. Any attempt by you to assign or transfer these Terms and Conditions, without such consent, will be null and of no effect. Partyfer may assign or transfer these Terms and Conditions, at its sole discretion, without restriction. Subject to the foregoing, these Terms and Conditions will bind and inure to the benefit of the parties, their successors and permitted assigns.

25. Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms and Conditions, will be in writing and given by Partyfer (i) via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

26. Controlling Law and Jurisdiction

These Terms and Conditions and your use of the Platform and Technologies will be interpreted in accordance with the laws of the State of Estonian Republic and the EU. You and we agree to submit to the personal jurisdiction of a state court located in Tallinn, Estonia for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

27. General

The failure of Partyfer to enforce any right or provision of these Terms and Conditions will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of Partyfer. Except as expressly set forth in these Terms and Conditions, the exercise by either party of any of its remedies under these Terms and Conditions will be without prejudice to its other remedies under these Terms and Conditions or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms and Conditions invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms and Conditions will remain in full force and effect.

28. Third party beneficiary

These Terms and Conditions do not and are not intended to confer any rights or remedies upon any person other than the parties.

29. Contacting Partyfer

If you have any questions about these Terms and Conditions, please contact Partyfer.

30. Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Platform and Technologies ("Feedback"). You may submit Feedback by emailing us, through the "Contact" section of the Platform, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of Partyfer and you hereby irrevocably assign to Partyfer and agree to irrevocably assign to Partyfer all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At Partyfer's request and expense, you will execute documents and take such further acts as Partyfer may reasonably request to assist Partyfer to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

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