Terms of Use Agreement between User and KwiqPass

Last updated on: July 9th, 2024
 

1. Acceptance of Terms

By clicking on the “I Accept”, “Place Order” or “Sign Up” button, completing the registration process, making a purchase, and/or browsing the website or downloading KwiqPass’s mobile application (the “Application”), you are entering into a binding contract. You represent that:

A. You have read, understand, and agree to be bound by these Terms of Use.

B. You are of legal age to form a binding contract with KwiqPass.

C. You have the authority to enter into the Terms of Use personally or on behalf of a company you have named as the user.

2. Definitions

A. Digital Properties: Refers to KwiqPass’s website and mobile applications.

B. Services: Includes all resources and features available or enabled via the Digital Properties.

C. User: The individual or company identified as the user when registered with a Digital Property.

3. Endorsement Disclaimer

Unless expressly stated by KwiqPass, the display of Tickets or Sellers on the Digital Properties does not imply endorsement, sponsorship, or affiliation. KwiqPass does not endorse Tickets or Sellers unless otherwise specified.

4. Tickets

A. Organizers exclusively set Ticket prices (Ticket Price).

B. Tickets are non-transferable unless specified.

C. Organizers must deliver Tickets before the event, subject to the Buyer Guarantee.

5. Buying Tickets

A. Buyers are solely responsible for completing transactions, including payment of applicable fees.

B. All sales are final, and refunds will be determined by the Event Organizer.

C. Refund requests and processes are to be directed to the respective Event Organizer. KwiqPass will proceed with the refund agreed upon by both parties if it was processed with the respective payment processor.

D. KwiqPass is not responsible for determining if you receive a refund; this responsibility lies with the Event Organizer. Once agreed upon, KwiqPass will process the refund if the ticket was purchased online via the KwiqPass platform.

E. Users should refer to the refund policies and procedures established by the specific Event Organizer, as they may vary.

F. KwiqPass may, at its discretion, provide assistance or guidance in facilitating communication between Users and Event Organizers regarding refund issues, but the ultimate decision rests with the Organizer.

G. To purchase tickets, you must be 18 years or older. KwiqPass does not allow users under 18 to complete ticket transactions.

6. Registering Your Account

A. To access certain features, users must become Registered Users.

B. A Registered User is an end user with a registered account (Account) on the Digital Properties.

C. By registering, you agree to provide accurate information and update it promptly.

D. You must be at least sixteen (16) years old to register.

E. You agree not to have more than one Account per platform.

F. KwiqPass reserves the right to remove or reclaim usernames and deny access to previously removed or banned users.

7. Ownership

A. KwiqPass Properties: KwiqPass and its suppliers own all rights, title, and interest in KwiqPass Properties and associated content.

B. You have no right or title to the content or KwiqPass Properties.

C. You may not remove, alter, or obscure any copyright, trademark, or proprietary rights notices.

8. Feedback

A. Submission of Feedback is at your own risk, and KwiqPass has no obligations with respect to such Feedback.

B. You grant KwiqPass a license to use, reproduce, and exploit Feedback for the operation and maintenance of KwiqPass Properties.

By accessing or using any Digital Property or the Services, you agree to comply with these Terms of Use.

9. User Conduct

A. Unauthorized Use or Access. You agree that you will not, under any circumstances:

  1. Interfere or attempt to interfere with the proper functioning of KwiqPass Properties or connect to or use KwiqPass Properties in any way not expressly permitted by the Terms.

  2. Systematically retrieve data or other content from our KwiqPass Properties 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, spiders, or otherwise.

  3. Use, display, mirror, or frame KwiqPass Properties, or any individual element within KwiqPass Properties, KwiqPass’s name, any KwiqPass trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without KwiqPass’s express written consent.

  4. Use any unauthorized software that accesses, intercepts, “mines” or otherwise collects information from or through KwiqPass Properties or that is in transit from or to KwiqPass Properties, including, but not limited to, any software that reads areas of RAM or streams of network traffic used by KwiqPass Properties.

  5. Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server or KwiqPass Properties, whether through the use of a network analyzer, packet sniffer, or other device.

  6. Make any automated use of KwiqPass Properties, or take any action that imposes or may impose (in KwiqPass’s sole discretion) an unreasonable or disproportionately large load on the infrastructure for KwiqPass Properties.

  7. Bypass any robot exclusion headers or other measures KwiqPass takes to restrict access to KwiqPass Properties, or use any software, technology, or device to send content or messages, scrape, spider or crawl KwiqPass Properties, or harvest or manipulate data.

B. General. In connection with your use of KwiqPass Properties, you shall not:

  1. Harm minors in any way.

  2. Impersonate any person or entity, including, but not limited to, KwiqPass personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity.

  3. Intentionally or unintentionally violate any applicable local, state, national, or international law or regulation, or any order of a court.

  4. Register for more than one Account or register for an Account on behalf of an individual other than yourself.

  5. Stalk or otherwise harass any other User of our KwiqPass Properties.

  6. Advocate, encourage, or assist any third party in doing any of the foregoing activities in this section.

By accessing or using any KwiqPass Property or the Services, you agree to comply with these User Conduct provisions.

10. Fees, Purchase Terms, and Credits

A. Service Fees

KwiqPass may charge fees for buying and/or selling Tickets through our Services, as well as delivery or fulfillment fees (collectively, “Service Fees”), which are made available to you prior to buying or selling a ticket. KwiqPass reserves the right at any time to change its Service Fees and billing methods.

B. Payment Method

You may provide KwiqPass with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”) as a condition to making a purchase through the Services (each, a “Payment Method”). However, providing a Payment Method is not mandatory for signing up for the Services; it is only required when making a purchase. Your Payment Provider agreement governs your use of the designated credit or debit card, and you must refer to that agreement and not these Terms to determine your rights and liabilities.

By providing KwiqPass with your credit or debit card number and associated payment information, you agree that KwiqPass is authorized to immediately invoice your Account for all fees and charges due and payable to KwiqPass hereunder, and that no additional notice or consent is required. You agree to immediately notify KwiqPass of any change in your billing address or the credit or debit card used for payment hereunder.

11. Event Cancellations and Postponement – Belize Laws

A. Event Cancellation

In the event of a cancellation that is not rescheduled (a “Canceled Event”), KwiqPass will:

  1. Remove the event and any related listings from the Services.
  2. Provide Buyers with notice of the cancellation and further instructions.
  3. Buyers are required to retain their Ticket(s) for Canceled Events and follow instructions provided by KwiqPass or the Seller.

B. Event Postponement

  1. If an event is postponed, KwiqPass will Provide Buyers with notice of the postponement and further instructions in attempt to resolve any issues.
  2. No refunds or credits will be issued under such circumstances unless the Seller provides explicit instructions; however, the responsibility for such instructions lies solely with the Seller, and KwiqPass assumes no liability in this regard.

C. Other Event Changes

  1. KwiqPass is not responsible for any other event changes, including but not limited to partial performances, venue, line-up, or time changes.
  2. No refunds or credits will be issued under such circumstances unless the Seller provides explicit instructions; however, the responsibility for such instructions lies solely with the Seller, and KwiqPass assumes no liability in this regard.

D. Note on Refunds

KwiqPass, in compliance with Belize laws, clarifies the following regarding refunds:

  1. Refunds are solely the responsibility of the Sellers/Organizers.
  2. KwiqPass will process refunds only as instructed by the Seller/Organizer.
  3. Buyers should contact the Event Organizer directly for any refund-related inquiries.
  4. Refunds will be issued only if the payment was processed through the KwiqPass platform.
  5. Sellers/Organizers are responsible for communicating and executing the refund process in accordance with Belize laws and their own policies.

 

12. Indemnification

You agree to indemnify and hold KwiqPass, its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (collectively, the “KwiqPass Parties”) harmless from any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of:

(a) As a Seller, the content of your listings and any errors, inaccuracies, or omissions therein;

(b) Your use of, or inability to use, KwiqPass Properties;

(c) Your violation of the Terms;

(d) Your violation of any rights of another party, including any end users of the Services;

(e) Your violation of any applicable laws, rules, or regulations;

(f) Any disputes or claims between you and any other User.

KwiqPass reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with KwiqPass in asserting any available defenses. This provision does not require you to indemnify any of the KwiqPass Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation, or concealment, suppression, or omission of any material fact in connection with the Digital Properties or any Services provided hereunder.

You agree that the provisions in this section will survive any termination of your Account, the Terms, or your access to KwiqPass Properties.

13. Disclaimer of Warranties and Conditions

A. As Is

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF KwiqPass PROPERTIES IS AT YOUR SOLE RISK, AND KwiqPass PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. KwiqPass PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARISING FROM THE USE OF THE KwiqPass WEBSITE, APPLICATION, OR SERVICES.

B. No Warranty, Representation, or Condition

  1. KwiqPass PARTIES MAKE NO WARRANTY, REPRESENTATION, OR CONDITION THAT: a. KwiqPass PROPERTIES WILL MEET YOUR REQUIREMENTS; b. YOUR USE OF KwiqPass PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR c. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF KwiqPass PROPERTIES WILL BE ACCURATE OR RELIABLE.

  2. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS, AND OTHER DISRUPTIONS. KwiqPass MAKES NO WARRANTY, REPRESENTATION, OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION, AND OTHER CHARACTERISTICS OF SERVICES.

  3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM KwiqPass OR THROUGH KwiqPass PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

  4. FROM TIME TO TIME, KwiqPass MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT KwiqPass’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.

C. No Liability for Conduct of Third Parties

YOU ACKNOWLEDGE AND AGREE THAT KwiqPass PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD KwiqPass PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.

D. No Liability for Conduct of Other Users

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF KwiqPass PROPERTIES. YOU UNDERSTAND THAT KwiqPass DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OR LISTINGS OF USERS OF KwiqPass PROPERTIES. ANY TICKETS PURCHASED OR SOLD THROUGH KwiqPass PROPERTIES ARE AT YOUR OWN RISK.

14. Limitation of Liability

A. Disclaimer of Certain Damages

YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL KwiqPass PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE, OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH KwiqPass PROPERTIES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT KwiqPass HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF KwiqPass PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM:

  1. THE USE OR INABILITY TO USE KwiqPass PROPERTIES;
  2. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH KwiqPass PROPERTIES;
  3. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
  4. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON KwiqPass PROPERTIES; OR
  5. ANY OTHER MATTER RELATED TO KwiqPass PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.

B. Exception to Cap on Liability

THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A KwiqPass PARTY FOR:

  1. DEATH OR PERSONAL INJURY CAUSED BY A KwiqPass PARTY’S NEGLIGENCE;
  2. ANY INJURY CAUSED BY A KwiqPass PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION; OR
  3. ANY DAMAGES THAT CANNOT BE DISCLAIMED BY APPLICABLE LAW.

15. Remedies

A. Violations

If KwiqPass becomes aware of any possible violations by you of the Terms, KwiqPass reserves the right to investigate such violations. If, as a result of the investigation, KwiqPass believes that criminal activity has occurred, KwiqPass reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. KwiqPass is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in KwiqPass Properties in KwiqPass’s possession in connection with your use of KwiqPass Properties, to:

  1. Comply with applicable laws, legal process, or governmental request;
  2. Enforce the Terms;
  3. Respond to your requests for customer service; or
  4. Protect the rights, property, or personal safety of KwiqPass, its Users, or the public, and all enforcement or other government officials, as KwiqPass in its sole discretion believes to be necessary or appropriate.

16. Term and Termination

A. Term

  1. The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use KwiqPass Properties, unless terminated earlier in accordance with the Terms.

  2. Prior Use: Notwithstanding the foregoing, if you used KwiqPass Properties prior to the date you accepted the Terms, you hereby acknowledge and agree that the Terms commenced on the date you first used KwiqPass Properties (whichever is earlier) and will remain in full force and effect while you use KwiqPass Properties, unless earlier terminated in accordance with the Terms.

B. Termination of Services by KwiqPass

  1. If you have materially breached any provision of the Terms, or if KwiqPass is required to do so by law (e.g., where the provision of the Digital Properties or the Services is, or becomes, unlawful), KwiqPass has the right to, immediately and without notice, suspend or terminate any Services provided to you.

  2. You agree that all terminations for cause shall be made in KwiqPass’s sole discretion, and KwiqPass shall not be liable to you or any third party for any termination of your Account or if, for instance, the seller doesn’t pay their Outstanding Balance agreed to pay to use the service.

C. Effect of Termination

  1. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Upon termination of any Service, your right to use such Service will automatically terminate immediately.

  2. KwiqPass will not have any liability whatsoever to you for any suspension or termination. All provisions of the Terms that by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.

D. No Subsequent Registration

  1. If your registration(s) with or ability to access KwiqPass Properties is discontinued by KwiqPass due to your violation of any portion of the Terms, then you agree that you shall not attempt to re-register with or access KwiqPass Properties through the use of a different member name or otherwise.

  2. You acknowledge that you will not be entitled to receive a refund for fees related to those KwiqPass Properties to which your access has been terminated. In the event that you violate the immediately preceding sentence, KwiqPass reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.

17. General Provisions

A. Electronic Communications

  1. The communications between you and KwiqPass use electronic means, whether you visit KwiqPass Properties or send KwiqPass e-mails, or whether KwiqPass posts notices on KwiqPass Properties or communicates with you via e-mail.

  2. For contractual purposes, you (1) consent to receive communications from KwiqPass in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that KwiqPass provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.

  3. The foregoing does not affect your statutory rights.

B. Release

  1. You hereby release KwiqPass Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage that is either directly or indirectly related to or arises from the purchase, sale, advertising, marketing, and promotion of Tickets via the KwiqPass Properties.

C. Force Majeure

  1. KwiqPass shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

D. Questions, Complaints, Claims

  1. If you have any questions, complaints, or claims with respect to KwiqPass Properties, please contact us at: hello@kwiqpass.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.

E. Governing Law

  1. THE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF BELIZE, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION.

F. Notice

  1. Where KwiqPass requires that you provide an e-mail address, you are responsible for providing KwiqPass with your most current e-mail address. In the event that the last e-mail address you provided to KwiqPass is not valid, or for any reason is not capable of delivering to you any notices required/permitted by the Terms, KwiqPass’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.

G. Waiver

  1. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

H. Severability

  1. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

18. Entire Agreement

A. The Terms are the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.