The services object of these Terms and Conditions are provided by DISCOCIL, S.L., Spanish company with registered office in C/ Pintor Soler Blasco 16 Entres De (Castellón De La Plana, Spain), zip code 12003, with tax identification number B-98820814 and duly incorporated in the Mercantile Register of Castellón, Volume 1796, Book 1357, Sheet 177, Section 8, Page CS-43457 (hereinafter, the “Provider” or “Fourvenues”).
Service Level Agreement (SLA): Document reflecting the stipulated terms and conditions that commit the Provider to comply with certain levels of service quality to the Client regarding its use of the Platform and which, ultimately, establishes the availability and response times of the Provider's team in the event of an incident occurring on the Platform.
Client: The Party recipient of the Provider’s services subject to these Terms and Conditions, as the organizer of an event, on an exclusive basis and through the license of use of the Platform.
Terms and Conditions (T&C): This document, containing the set of general conditions, which the Client declares to have read, understood, and accepted, and based on which the Client will access and use the Platform. The provisions contained in these Terms and Conditions shall take precedence over any binding document entered by the Parties.
Specific Conditions: Refers to the set of the specific clauses applicable to the Client for the use of the Platform, which are not subject to these T&C, and therefore, not expressly stated herein.
Contract: All documents constituting the general framework of the legal relation between the Parties regarding the license of use of the Platform and the contracted SaaS Services. In particular, the T&C, the SLA and the Specific Conditions, notwithstanding those documents that complement, complete and/or replace the T&C and/or the SLA. A copy of the Contract will be provided to the Client, once it has been formalized, in digital format or in any given format used at the time of the execution of the Contract.
Private Area: Space reserved to the Client for storing digital information, apps, modules and functionalities of the Platform made available by the Provider to the Client in order to provide the SaaS Services hired under the Contract, and where the Client stores all information given by or on behalf of the Client and handled by the Client itself, including any data, document, file, registration or material property of the Client or under its control, and processed, stored or used in the framework of the SaaS Services hired from the Provider.
Computer Equipment: Desktop computers, laptops, digital tablets, smartphones or any other device on which the Platform can be installed or properly accessed, meeting the minimum technical specifications required for each type of equipment and operating system established by the Provider, being these: (i) The recommendation to make the connection through Google Chrome or apps uploaded in 'Play Store' and 'AppStore' by Discocil, S. L. and (ii) to take into account that it is essential, in a large part of the Platform, that for a satisfactory user experience there must be a steady and good internet connection either through 'Data Roaming' or 'WiFi'.
Force Majeure: Unforeseen extraordinary events, or, when foreseeable, inevitable by the measures applicable to the Parties. Force Majeure includes, but is not limited to, fires, floods, strikes, labour conflicts or other social disruptions, shortage or unavailability of electricity, malfunction or unavailability of communication networks, accidents, wars (declared or not), commercial embargoes, riots, or insurrections. The legal term for “force majeure” existing in common Spanish law shall be accepted.
Platform: Informatic solution developed as “Software as a Service” and managed by the Provider, of its exclusive ownership, and comprised of different software elements, communication systems and services supplied by the Provider. Its technical specifications are reflected above in the term “Computer Equipment”. The Client accesses the Platform through its Private Area, by means of an access link provided to the Client’s email, that allows verification of the data (personal and non-transferable) provided at the time of signing the Contract.
SaaS Services: The service rendered by the Provider to the Client, exclusively, by the license of use of the Platform; that is to say, making the Platform available to the Client.
Users: Natural persons buying tickets to access the events organized by the organizers and/or the Client. That is, the final customers.
The Provider will render the Client the following SaaS, with the specifications and precisions established in the Contract:
To initiate the contracting process for the SaaS Services, the Client shall accept these T&C by signing the Contract. For the foregoing purposes, the Parties agree to use electronic signature to sign the Contract, acknowledging and accepting that it shall have the same validity and efficacy as a handwritten signature.
In the contracting process of the SaaS Services, the Client will specify:
Once the Provider has verified that it has all the required information and the payment has been made by the Client, Fourvenues will communicate to the Client the confirmation of the contracting by signing the Specific Conditions. When the payment is periodic, the effective and correct subscription to the online payment method enabled for this purpose, or the proper completion and communication of the payment data, will be verified.
The Client is informed and accepts that the data contained on the website of the Provider, as well as the offers, budgets and projects potentially facilitated to the Client, do not constitute contractual offering or the beginning of a business relationship with the Provider. A business relationship with the Provider requires in any case the compliance with the requirements established in these T&C for the completion of the contracting process according to the applicable law.
The Provider grants to the Client a temporary, revocable, non-transferrable, exclusive, and non-sublicensable license of use of the Platform during the term of the Contract, through access via Internet in SaaS mode and under the terms and conditions set forth in the Contract.
The use of the Platform is only permitted to the Client with a Private Area at its disposal and the corresponding link sent by the Provider to access it, according to the provisions set on this stipulation 3.2. In any case, the Client will abstain from making copies, disclosing or giving access to third parties to the Platform. The only people who can access the Platform are the Client itself and the authorized members of its work team, to whom the Provider will have assigned a license of use. Thus, the liability associated to the loss of the credentials will not be in any case attributable to the Provider, being the duty of the Client to protect the credentials under its own responsibility.
The rights of use granted to the Client, according to the provisions of this Contract, are extensible to any actualization or new version replacing or complementing the Platform, as foreseen in the stipulation 3.3 hereunder.
The Client will be the sole responsible for the use, access and navigation through the Platform in case of illicit and/ or illegal purposes. By way of example, but not limited to, it is prohibited:
The Client may only use the Platform in accordance with the purposes foreseen in the Contract, being obliged to comply with the requirements indicated in the definition of "Computer Equipment" and, if applicable, those others indicated by the Provider in relation to the Computer Equipment and the use of the Platform.
The Provider shall be exempt from any liability that may arise from any use by the Client that does not comply with the provisions of these T&C and the indications of Fourvenues, or in the case of networks, equipment and terminals and other Computer Equipment of the Client that do not comply with the aforementioned technical specifications.
Upon prior notice from the Provider, the Client shall disconnect its networks, equipment, terminals and other Computer Equipment from the Platform if, in the opinion of the Provider, such networks, equipment, terminals and other Computer Equipment have caused or are likely to cause failures, interruptions, errors or defects in the Platform.
In order to verify the Client's compliance with the provisions of the Contract and to ensure the security and proper use of the Platform, and in order to ensure better performance or adjustment of certain elements of the Platform, the Provider reserves the right to monitor the Client's use of the Platform.
The Client undertakes to meet the payments under the conditions agreed with the Provider and understands and consents that, in the event of non-payment, the Provider may optionally temporarily cancel its access to the Platform until the non-payment situation is regularized, maintaining its Private Area on the Platform. If after the process of regularization of the non-payment the situation is not remedied by payment and/or agreement of the occasional debt incurred, the Provider is entitled to terminate this contractual relationship, in accordance with the provisions of Stipulation 11 (Termination).
The Client acknowledges and accepts that, in some cases, access to the Platform may be denied by the Provider or by any third party subcontracted by the Provider to make some sort of adjustment to the Platform. Such adjustments, during which access to the Platform will be temporarily cut off, will be carried out at times that do not coincide with the busiest times, under Fourvenues' commitment to back up the information, and giving prior notice to the Client of the outage, as well as of the approximate duration of the latter.
The Client expressly acknowledges and accepts that the Platform and its various elements constitute an inseparable whole and contain confidential information owned by the Provider and third parties, as it includes trade secrets and developments that are intellectual property of the Provider and, where appropriate, third parties; and are therefore legally protected in terms of intellectual and industrial property rights.
The Customer further acknowledges that all right, title, and interest in and to the Platform is and shall remain with Fourvenues and its rightful owners, without prejudice to the license of use granted in favor of the Customer under this Agreement. For clarification purposes, the Client acknowledges and agrees that the Platform has been created and is managed exclusively by the Provider, who is the exclusive owner and shall retain all intellectual, industrial and any other property rights therein, and the Client may not, under any circumstances, make any further modification, copy, alteration, reproduction, adaptation or translation of the Platform, either in whole or in part, or make any use of the Platform other than that expressly authorized in writing by the Provider under this Contract.
Notwithstanding the stated above, it is well understood between the Parties that the structure, characteristics, codes, working methods, information systems, development methods, know-how, methodologies, processes, technologies, algorithms, as well as user manuals, texts, graphic drawings, databases, videos or audio supports, and other elements and materials referred to or that complement the Platform, are and will remain the exclusive property of the Provider, as well as that they are protected by Spanish, European Community and international regulations on intellectual and industrial property.
For clarification purposes, the Client expressly acknowledges and accepts that the provision of the Platform by the Provider does not imply, in any case, the transfer of its ownership or the granting of a right of use in favor of the Client other than that provided for in this Contract.
Consequently, any use by the Client of the Platform that is made without the authorization of the Provider, including its exploitation, reproduction, dissemination, transformation, distribution, transmission by any means and in any form, including subsequent publication or exhibition, public communication, making available, or representation, whether total or partial, outside the operational scope provided for the use of the Platform, is strictly prohibited.
Failure to comply with any of the above prohibitions shall constitute an infringement of the intellectual or industrial property rights of the Provider, punishable by law.
The Client shall, at all times, comply with the terms and conditions agreed under this Contract in relation to the SaaS Services and the use of the Platform in the exercise of its professional activity, further obliging itself to always act in strict compliance with the applicable legislation in force, morality, custom, public order, and good faith. Without limiting the foregoing, the following are also obligations of the Client:
Regarding the compensation that the Client must pay to the Provider, it will be based on what is established and agreed upon in the Specific Conditions. The Parties will document a fixed fee to be contracted by the Client and a variable fee to be determined by both Parties prior to the signing of the Specific Conditions.
Notwithstanding the provisions of this Stipulation, the prices stipulated by the Provider and outlined in the Specific Conditions may be subject to review by the Parties. In the event that the Parties do not reach an agreement within a period of ten (10) days on any proposed modification to the initially agreed-upon price reflected in the Specific Conditions, the Provider is authorized to exercise the right to terminate this Contract. The Contract will be automatically terminated, and thus, the Provider would cease to provide its SaaS Services if the Client remains unwilling to accept the new price.
Once the sales period for tickets of each organized event promoted on the Platform concludes, the Client may request from the Provider, through Platform access in the "wallet" section of their session, a bank transfer of the amount collected, within five (5) business days following the conclusion of the respective event. From this amount, the Provider will deduct its corresponding commission, as detailed in this Stipulation.
If the Client does not withdraw the collected amount within five (5) business days after the event's conclusion, the money will still belong to the Client, who can request its withdrawal at their convenience.
In cases where an end client or consumer raises a dispute, i.e., requests their bank to refund an amount charged to their card for tickets, reservations, or other services purchased on the Platform, Fourvenues will work to resolve the dispute by providing documentation proving that the service has been correctly provided. However, in cases where the dispute is lost, the Platform may pass on to the Client the total amount disputed and won by the final client or consumer.
The Provider reserves the right, after written communication to the Client, to temporarily suspend the SaaS Services provided under this Contract in the event of any payment incident by the Client. If the Client does not make the payment within a maximum of thirty (30) calendar days after the temporary suspension, the Contract will be automatically terminated, resulting in the permanent cessation of the SaaS Services due to the Client's breach. In this case, the Client will still have the right to request a copy of the content hosted on the Provider's Platform at the time of the suspension of the SaaS Services. However, this right must be exercised within thirty (30) calendar days after the suspension of the Saas Services provision by the Provider. After this period, the Provider will proceed to the total deletion of all content hosted on the Platform up to that point.
If the Client fails to fulfill the payment obligation specified in this Stipulation or delays payment of any amount required under this Contract or, especially, its resolution, the Client will be automatically considered in default from the day they fail to meet their obligation, without any need for a request from the Provider. In such cases, the amounts owed and unpaid by the Client will accrue moratory interests calculated daily by applying the legal interest rate in force at each moment, increased by four points. Moratory interests due and unpaid will, in turn, accrue interest by agreement of the Parties, without the need for a request, from the ninetieth (90th) day after it accrues, generating moratory interest at the rate specified in the preceding paragraph.
Upon engaging the SaaS Services from the Provider and utilizing the Platform, the Client commits not to enter into agreements with third parties that could be considered competitors of the Provider, for services falling within the scope of the provisions offered by Fourvenues through the Platform as outlined in this Contract, throughout its duration. In other words, once this Contract is signed by the Parties, the Provider will have exclusivity in managing Users and events promoted by the Client.
Under the rules of application in consumer affairs, users do not have a right of withdrawal after the purchase of one or more tickets through the Platform to attend an event organized by the Client.
Notwithstanding the foregoing, Users shall be entitled to request the Client to refund the amount paid for the ticket(s), or part thereof, provided that any of the following circumstances occur and provided that there are no circumstances of force majeure:
In view of the foregoing, in any of the scenarios described above, the Client shall be solely responsible for the refund, in whole or in part, of the amount of the tickets to the Users, including management fees, exonerating Fourvenues from any liability and/or obligation to refund, all without prejudice that refunds may be executed, by mutual agreement between the Client and the Provider, through the Platform.
For refunds to be properly executed through the Platform, the Client shall give the appropriate and relevant instructions to this effect to the Provider in due time and form. The Client declares to be aware that Fourvenues will not proceed with the publication of the information relating to the corresponding refunds on the Platform without prior confirmation and without having received sufficient instructions from the Client. Likewise, the refund conditions (percentage of the amount to be refunded, cases in which Users shall be entitled to a refund, etc.) shall be the sole responsibility of the Client.
Notwithstanding that the Parties agree that refunds may be made through the Platform, the Client shall be the sole responsible for executing the corresponding refunds within fifteen (15) days from the public communication of the cancellation of the event.
The Client expressly and without limitation acknowledges and accepts that, in no event shall the Provider be liable for any aspect or claim made by Users related to the organization, cancellation or modification of an event organized by the Client. Likewise, the Client shall be the sole responsible for the refund of the amounts paid for the tickets of an event affected by its cancellation, partial or total, or by its substantial modification, as well as by errors in the price of the event.
Without prejudice to the provisions of the previous Stipulation, the Client may activate, at its free discretion, the "Guarantee your ticket" system offered by Fourvenues through the Platform, by means of which the Users may, upon payment of an additional amount to that of the ticket purchased, previously indicated on the Platform, request the refund of the amount paid for the ticket(s) in case of not being able to finally attend the event in question.
To do so, the Users must: (i) send a written request in this regard to Fourvenues by the means indicated during the purchase process; (ii) that such request is sent within the term agreed between the Client and Fourvenues and; (iii) that the Users send all the information required for this purpose.
In addition to the general causes for termination of contracts provided for in the legal system, and those others provided for in this Contract, the following cases shall be cause for termination of this Contract or any of its extensions:
The Parties shall be obliged, as data controllers under the obligations set out in Regulation (EU) no. 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data ("GDPR") to process the personal data to which they have access or which are provided to them by the other Party for the proper performance of the obligations arising from this Agreement in accordance with the indications of the other Party, and not to disclose such data to third parties, not even for reasons of data preservation, and to implement all legally required security measures in order to preserve the integrity, confidentiality and availability of the personal data.
Data of the representatives of legal entities.
The personal data of individuals involved in the business relationship between the Parties acting on behalf of the Parties, will be treated by both as Responsible Parties in accordance with the applicable data protection regulations. These natural persons are informed that their personal data:
In addition, they may exercise, at any time, their rights of access, rectification, deletion, opposition, portability and limitation of processing (or any others recognized by law) by written notification to any of the Parties, to the attention of the data protection officer or delegate, at the e-mail address [email protected]; if they consider that their rights are not duly addressed, they may submit any claim or request related to the protection of personal data to the Spanish Data Protection Agency at www.aepd.es
The Parties undertake to comply fully with the obligations set forth in Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data, (General Data Protection Regulation, "GDPR"), in the Organic Law 3/2018 of December 5, 2018, on the Protection of Personal Data and guarantee of digital rights (LOPDGDD) and in any other applicable legal obligations on data protection as well as those contained in this clause.
In particular, the parties shall apply the security measures required by the RGPD and the LOPDGDD, being liable for any penalty, fine or damage that may be imposed on any party as a result of a breach of the obligations under the data protection laws.
Transfer of personal data.
During the present commercial relationship between the Provider and the Client, the natural persons, clients of the Client, will contract with the Client by means of the Provider's services regulated in this contract. Therefore, the natural persons will first provide their personal data to the Provider, which will manage the process, and will transfer the data to the Client to fulfill the contract signed between the natural person and the Client.
The basis of legitimacy for the assignment is the contractual relationship.
The transfer of personal data is regulated in accordance with the obligations described below.
The Provider undertakes, in accordance with the provisions of Article 5 of the LOPDGDD, to maintain the duty of confidentiality with respect to all personal data contained in the data files to which it may have access through any means as a result of this Agreement.
For these purposes, the Provider guarantees that the persons authorized to process personal data have undertaken to respect confidentiality or are subject to a confidentiality obligation of a statutory nature.
Within the framework of the provisions of Article 30 of the GDPR, the Provider shall keep a written record in electronic format of all categories of processing activities carried out which shall include at least the following information:
The Provider undertakes to notify, without undue delay, any personal data security incident, in accordance with the nature of the data processed, the risks associated with the loss, destruction or alteration of such personal data and the information available to it.
In such notification, if possible, the Provider shall inform as described below:
If at first the Provider is not able to report all of the above-mentioned issues, it shall report them as soon as it becomes aware of them.
The Provider is responsible for the processing of the personal data of the Users who use its platform to access the Client's services. Consequently, it will respond to requests aimed at exercising the rights of the Data Subjects and their rights to access, rectification, erasure ("right to be forgotten"), opposition to the processing of their data, request for the portability of their personal data, limitation of processing, as well as the right not to be subject to an automated individual decision, including profiling.
If natural persons exercise their rights to the Client, the Client shall inform the Provider of such circumstance no later than 5 calendar days after receiving it by e-mail to [email protected].
Upon completion of the contractual performance or termination of the contract for any other reason, the Provider undertakes to return and/or destroy, in due time and form, the personal data to which it has access for the performance of the object of the Contract, as well as any support or document on which they are contained, and undertakes not to process, in any form or concept, such personal data.
International transfers of personal data are not foreseen. The Provider shall refrain from carrying out the required international transfer of data until the appropriate authorizations or guarantees have been obtained.
Some of the personal data collected within the framework of this contractual relationship will be further processed for statistical purposes by the Provider, for which purpose they will be strictly anonymized. Consequently, it will not be possible to identify the natural person from their processing and, therefore, the regulations on the protection of personal data will no longer be applicable in this respect.
Each Party agrees that all information that each Party may disclose to the other verbally, in writing or in any other medium or to which the Parties may have access as a result of this Contract is secret and confidential in nature, unless otherwise expressly agreed (the "Confidential Information").
Pursuant to the provisions of this Stipulation, each Party agrees to:
The obligation of confidentiality provided for in this Stipulation shall not apply to information which at the time of the execution of the Contract was already in the public domain or the publication of which is required by law or by order of judicial or administrative, state or other authorities.
This Stipulation shall continue in force after the termination or resolution of this Contract as long as the Confidential Information referred to herein retains its secret and confidential nature.
Upon early termination and/or termination of this Contract, both Parties undertake to return or destroy, as the case may be, all documentation or information that they have mutually delivered to each other on the occasion of the execution of this Contract.
Without prejudice to the duty of confidentiality assumed by the Parties by virtue of this Stipulation, the Parties expressly agree that Fourvenues may publicly mention the Client as such, including the mention of its corporate name, as well as its general brand and logo, both in individualized presentations, events and/or webinars and on its website, as a mere reference, without prejudice to the Client's right to revoke such consent.
All rights and obligations of the Client arising from this Contract are non-transferable, and the Client may not assign or transfer them to third parties, either in whole or in part, nor assign its contractual position without the prior written consent of the Provider.
The Provider, for its part, reserves the right to assign, transfer and sublet the Platform and/or this, in whole or in part, to any company of its group of companies within the meaning of Article 42 of the Spanish Commercial Code, as well as to any third party other than its group of companies, although in this case by notifying the Client in writing.
The Parties agree that, in all matters not foreseen in this Contract, as well as in the interpretation and resolution of conflicts that may arise between the Parties as a consequence of this Contract, the common Spanish legislation shall be applicable.
For any conflicts or discrepancies that may arise between the Parties in the interpretation and execution of this Contract, which are not resolved by mutual agreement, the Parties shall submit to the jurisdiction and competence of the Courts and Tribunals of Valencia, expressly waiving their own jurisdiction in cases where the procedural rules allow it, if any other.
Last updated version as of December, 2023.