Eventum – TERMS & CONTITIONS

 

Welcome to the website operated by Eventum LLC (hereafter referred to as “Eventum,” “we,” “us,” or “our”), a Limited Liability Company. Eventum markets and maintains www.regaladoo.com (hereafter “Site”), as a service to our users and visitors (our Site and such services, collectively, our “Services”). By using this Site, you agree to comply with and be legally bound by the following terms of use (“Terms”), whether or not you become a registered user of the Services. Please review the following terms carefully. If you do not agree to these terms, you have no right to obtain information from or otherwise continue using this Site. Failure to use this Site in accordance with the following terms of use may subject you to civil and criminal penalties.

 

The Gift Certificates entitle the one redeeming it to redeem it at our partners website Viator.com. Viator is in charge of fulfilling and organizing the Experience. The Gift Certificates have to be stored securely. The Gift Certificates will not be replaced if lost. We will not take responsibility  for any loss, theft, identity fraud or impersonation. 

 

Buying a Gift

 

When you buy a Gift, you will be charged for the value of the Gift plus fees for processing, printing, and shipping and handling, as applicable (together, the “Purchase Fees”).

You authorize Eventum to charge your credit card, debit card, or other form of payment. You are responsible for the timely payment and for providing Eventum with a valid form of payment.

 

Eventum reserve the right to deny or cancel any purchase made on the Site.

Once your purchase has been made, the funds associated with your purchase are being held, until the Recipient redeems the Gift Certificate.

 

Redeeming a Gift Certificate

 

To redeem a Gift Certificate and receive the funds being held for you, follow these steps:

Enter the code that is either printed or displayed on the Gift Certificate that you received. Or, if you received the Gift via email, click on the link or button in the email.

Follow the link & click the “Redeem” button & provide the necessary personal information to receive the funds/credits in your email inbox.

Once Eventum has validated your redemption request, Eventum transmits this request to our partner. Our partner transfers the funds/credits directly into your inbox that can be redeemed at the checkout site from Viator.

 

Orders

 

Need for registration: Eventum sells Vouchers via this website. You must Register in order to make a Purchase from the website. When you place an order and we receive your payment, you automatically accept Eventum’s Terms & Condition of trading. A contract is hereby not established. Eventum has the right to decline to process an order for any reason.

You as customer will be protected and ensured, that your credit or debit card is not used without your consent. Furthermore, we will validate your given information concerning name, address etc., that you have submitted during the order process against appropriate third party databases. So when you accept these terms & conditions, you accept to these checking procedures.

 

When performing these checks, your provided personal information may be disclosed to a registered Credit Reference Agency which may keep a record of that information. Your credit checking will not be affected, as this is only to confirm your identity.

If an order cannot be fulfilled for any reason, Eventum will check and refund it depending on the particular situation.

 

Sometimes it can be, that we accidentally create duplicate orders. Please contact us in such a case and immediately return and any duplicates. When both vouchers are used, then we will be entitled to claim payment for the costs that incurred.

 

Security

 

Vouchers are valuable documents and cannot be replaced if they are lost, damaged or stolen and are invalid if altered or tampered with. Eventum accept no liability in these circumstances.

 

Validity

 

The Voucher validity depends on the Experience description and start from date of purchase. Experiences must be booked and undertaken prior to the expiry date printed on the front of the Voucher, otherwise the Voucher will be deemed to be invalid and no liability will be accepted by Eventum.

Refund

Refunds can be made on unused vouchers bought direct from Eventum within 14 days of purchase. A refund cannot be given once the Voucher has been activated at our website.

 

Experience Provider

 

Eventum has an official partnership with Viator. By purchasing or redeeming an Eventum Voucher you acknowledge that Experiences are dependent on certain factors beyond the control of Eventum and agree that Eventum is not liable for the cancellation, postponement or alteration of any Experience for reasons beyond its reasonable control (including but not limited to weather-related reasons, mechanical failure, location changes or otherwise). If mechanical breakdown should occur you should expect reasonable substitutions without notice. Please note that Experiences and other products are subject to change without notice. This does not affect your statutory rights. Emails: As a condition of Purchase, we reserve the right to send you administrative and promotional emails.

 

Cancellation by participants / customer

 

Once you make a booking with Viator, you are bound by their terms and conditions. Make sure you understand their rules regarding changing or cancelling a booking (particularly at short notice) as a refund will not be offered in the case of infringement of these rules. The validity of this voucher decays and you have no right to get any kind of refund from us.

 

Legal Compliance

 

You shall use our Services in a manner consistent with any and all applicable local, state, national and international laws and regulations.

Restrictions, Limitations, Reporting Requirements and Warranties

If you use our services, you do so at your sole risk. We expressly disclaim, and you waive, all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose and non-infringement.

We do not warrant that (a) our services will meet your requirements; (b) our services will be uninterrupted, timely, secure, or error-free; (c) any information that you may obtain through our services will be accurate or reliable; (d) the quality of any products, services, information or other material purchased or obtained by you through our services will meet your expectations; or (e) any errors in any data or software will be corrected.

If you access or transmit any content through the use of our services, you do so at your own discretion and your sole risk. You are solely responsible for any loss or damage arising out of such access or transmission.

No data, information or advice obtained by you in oral or written form from us or through or from our services will create any warranty not expressly stated in these terms.

essly stated in these terms.

 

Taxes

 

Because state and local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors.

 

Governing Law

These Terms shall be interpreted in accordance with the laws of the State of Delaware and the United States of America, without regard to conflict-of-law principles.

 

Limitation on Liability

 

We shall not be liable for damages of any kind (including, but not limited to, any direct, incidental, general, special, consequential, exemplary or punitive damages) even if we have been advised of the possibility of such damages, arising from or relating to: (a) the use or inability to use our services; (b) harm or damage to your property as a result of using our services; (c) disclosure of, unauthorized access to or alteration of your content; (d) any harm to you caused in whole or part by a third party, including but not limited to another user of the services; (e) statements, conduct or omissions of any user or other third party on our services; or (f) your or anyone else’s conduct or acts in connection with the use of the services, including without limitation from interactions with other users of our services or persons introduced to you by our services, whether on-line or off-line.

We shall not be liable for any failure or delay in performing under these terms due to causes beyond our reasonable control, including but not limited to acts of nature and power, internet, and email discontinuity.

In no event will our aggregate liability to you or any third party in any matter arising from or relating to with our Services or these Terms exceed the sum of one hundred U.S. dollars ($100).

 

Force Majeure

 

We shall not be liable for any loss, expense, failure to perform, or delay caused by failure of communication systems, accidents, strikes, fire, flood, war, riot, civil strife, terrorist attack, earthquake, power outage, funds transfer system or government rules, acts of third parties, or any cause that is beyond our reasonable control.

Indemnity

You will indemnify, defend and hold us harmless (and our respective employees, directors, agents, affiliates and representatives) from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement, including without limitation any violation of our terms and conditions; (b) your wrongful or improper use of the Service; (c) any transaction submitted by you through the Service (including without limitation the accuracy of any product information that you provide or any claim or dispute arising out of products or services offered or sold by you); (d) your violation of any third party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (e) your violation of any law, rule or regulation of the United States or any other country; or (f) any other party’s access and/or use of the Service with your unique username, password or other appropriate security code.

 

Disputes

 

Except as expressly provided in this Agreement, these terms are a complete statement of the agreement between you and Eventum, and describe the entire liability of Eventum and its vendors and suppliers and your exclusive remedy with respect to your access and use of the Service. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Eventum’s failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. Eventum will not be responsible for failures to fulfill any obligations due to causes beyond its control. In the event of a conflict between this Agreement and any other Eventum agreement or policy, this Agreement shall prevail on the subject matter of this Agreement. Headings in this Agreement are included for convenience only, and shall not be considered in interpreting this Agreement.

 

Arbitration

 

For any claim (excluding claims for injunctive or other equitable relief) where the total amount sought is less than $10,000.00 USD per claimant, the dispute shall be resolved through binding non-appearance-based arbitration before a sole arbitrator and through an alternative dispute resolution (ADR) provider selected by the party initiating arbitration from a list of qualified providers maintained by Eventum. The parties further agree that the prevailing party in the arbitration shall be entitled to recover its costs of arbitration or of any related court proceedings (including attorneys’ fees and expenses), collection agency fees, and any applicable interest. The arbitrator’s award shall be final and binding on the parties, who undertake to fulfill the terms of the award without delay. Judgment on the award may be entered in any court of competent jurisdiction.

 

Limitation on Time to Sue

 

Unless otherwise required by law, an action or proceeding by you to enforce an obligation, duty or right arising under this Agreement or by law must commence within one year after the cause of action accrues.

 

Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Eventum without restriction.

 

Severability

 

If any provision of this Agreement is held to be invalid or unenforceable, such determination shall not affect the validity or enforceability of the remaining provisions of this Agreement.

 

Miscellaneous

 

Eventum reserves the right to take steps we believe are reasonably necessary or appropriate to enforce or verify compliance with any part of this Agreement. You agree that Eventum has the right, without liability to you, to disclose any registration data and other Account information to law enforcement authorities, government officials, or a third parties, as Eventum believes is reasonably necessary or appropriate to enforce or verify compliance with any part of this Agreement.

Eventum is not responsible for any typographical errors.

We reserve the right to modify these Terms or policies relating to the Services at any time, effective upon posting on the Site. You are responsible for regularly reviewing these Terms. By using this Site, you agree that the posting of new or revised terms and conditions on the Site will constitute adequate and constructive notice to you of any and all revisions and changes. Continued use of the Service after any such changes or after explicitly accepting the new Terms upon logging into the site shall constitute your consent to such changes.

 

Please contact us at legal@regaladoo.com with any questions regarding these Terms.

 

Last Updated: May 8, 2018

 

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