WhenNow™ by Active Data, Inc.
Last Revised: April 28, 2016
1.1. WhenNow is a brand and service of our company Active Data, Inc. We may refer to ourselves in this document as “Active Data”, “WhenNow”, “us” or “we”. WhenNow is a Software as a Service (SaaS) referred to as our “Service” that lets users, such as an event organizer, create, manage, promote, sell tickets, collect fees, and account for events that are properly held and that follow our Terms of Service. WhenNow also enables event attendee users to purchase or otherwise obtain tickets, passes or rights to attend events of interest and to use our Service to promote events to others through various means including through certain third party social media applications.
1.2. “Terms of Service”, “Referenced Policies” and other “Agreements”, collectively our “Terms”, all relate to the proper, responsible and legal use of our (“us”) products and services by “users”. A “User” is a person or organization that interacts with our software products or Service, in any way. You are a User when you interact with our Service to create an event as an “event organizer” You interact with our Service as a User when you buy or perform a transaction through our Service as an “attendee” and you interact with our Service as a User when you log-in or sign-up, and then just browse through our website or application, even if you do not use our Service for any other purpose.
1.3. If you use our Service in any way, it is important that you read these Terms and understand them. As an event organizer User, you agree to these Terms by simply using our Service, or by registering, signing up or logging in. If you are an attendee User, you agree to these Terms by purchasing any item offered for sale, making any donation or by registering for any event, even if that event is free. By agreeing to these Terms, you agree to be bound by all of the provisions of these Terms including our policies that are incorporated by reference. If you do not agree, do not use any of our services.
1.4. If you agree to these Terms on behalf of a company or organization, you represent to us that you have actual authority to bind the company or organization to these Terms.
1.5. The following policies are incorporated into the Terms by reference:
1.5.1. WhenNow End User License Agreement
1.5.3. WhenNow Attendee Refund Policy
1.5.4. WhenNow DCMA, Trademark and Copyright Policy
1.5.5. WhenNow Merchant Agreement for Event Organizers
1.5.6. WhenNow Site Usage Policy
2.1. A responsible Event Organizer User would plan for the contingency that the scheduled event may not take place on time, or at all, due to myriad reasons, including but not limited to adverse weather, an unexpected act of God, cancellation or no-show of a featured person or show, etc. In cases like this, no goods or services were delivered to the Attendees and as such those Attendees may desire or be deserving of a prompt refund and return of all or part of their money – the “Refund”. Further, an event may have failed to provide what the Attendee was expecting and similarly the Attendee may request and possibly be due a refund. Then there are cases where a refund may not by applicable, one example could be where an Attendee arrives for an event, the event is as advertised however the Attendee needed to leave unexpectedly for his or her own reasons and requested a refund. These are just examples to illustrate that in certain cases refunds will need to be made to Users of the Service, this is why our Attendee Refund Policy was created. WhenNow strives to provide a Service that any Event Organizer User can use to promote a safe, honestly presented event and where Attendee Users can get an honest and prompt resolution to matters concerning payments.
2.2. Event Organizers must present a Refund Policy on the Service which is clearly visible to all Attendees and to those who purchase any item(s) and must contain the following minimum criteria:
2.2.1. The Refund Policy must state that a full refund or other means of make-good will be provided to pre-paid Users should a complete cancellation of the event occur.
2.2.2. The Refund Policy cannot change after the date of the first sale of any item or ticket.
2.2.3. The Refund Policy must clearly provide information and instructions on how to request a refund from the Event Organizer.
2.2.4. The Refund Policy must state when the Attendee can expect a response from the refund request, and how.
2.2.5. The response to a refund request must be within 5 (five) business days after the request was submitted.
2.2.6. Refunds must follow all applicable laws that govern such, in the location where the event was held.
2.2.7. Refunds must conform to all provisions in the WhenNow MerchantPolicy, which is incorporated into these Terms by reference.
2.2.8. “NoRefund” policies are not permitted unless the Organizer is presenting a donation event where attendance is optional.
2.2.9. The Refund Policy must be equitable, legal and fair to both parties.
2.3. Attendees should contact the Event Organizer as a first step in requesting a Refund. A link to a WhenNow monitored Refund Process that is integral to the Service is provided on Attendee confirmation emails, Attendee Ticket emails, any cancellation notices that are sent by the Event Organizer through email and on the Service’s webpage. The staff at WhenNow is copied on all Refund requests made to Event Organizers and we track and monitor such requests for compliance to our Terms.
2.4. Should the first step of contacting the Event Organizer fail to provide satisfaction, Attendee Users are encouraged to contact WhenNow at firstname.lastname@example.org so we can assist in the refund process. Active Data, Inc, the company that produces the WhenNow Service is the Merchant of Record for all payment transactions through the Service, and we are committed to solving all refund concerns before you contact your credit card company.
3.1. We do not guarantee the performance of any event, nor can we insure the performance of any event, the Refund Policy does not constitute an offer to insure or guarantee this or any event.
4.1. The Service provides a ways and means for Event Organizers (or the staff of WhenNow) to issue a full refund (batch refund) to all eligible attendees in the event of a full cancellation or other circumstance that causes the event to be unavailable.
5.1. The refund fees (refund transaction fees and Charge Back fees) are the responsibility of the event organizer and should be considered a cost of doing business for the event organizer. All fees associated with processing a refund through our credit card processing partners are passed on to the event organizer and are normally deducted from the funds collected prior to the final payout.