Trial Terms
Terms and Condtions
The parties in this agreement are:
Last2Ticket, Lda enrolled with the Corporate Taxpayer Registry (NIPC) and the Commercial Registry Office under n° 509.814.034, headquartered at the University of Porto Science and Technology Centre (UPTEC), Ed. Central, Rua Alfredo Allen, 4551461, 4200-135 Porto, referred to hereinafter as Last2Ticket,
AND
Trial beneficiary entity enrolled with the following information as Corporate Taxpayer Registry (NPC), Commercial Registry Office, headquarters and representation submitted under business setting in Lastt2icket administration platform, referred to hereinafter as the client.
Last2Ticket is the owner of the web platform Last2Ticket, which, to summarise, is a web solution which allows for the management and organization of data associated with participant registers for all types of event.
Furthermore, the Last2Ticket web platform is composed of the following elements:
a) A management or back office web platform;
b) A web platform for online sales to participants;
c) A mobile electronic check-in application;
d) A web platform for registering tickets at physical points of sale.
The client is familiar with and understands the characteristics and terms for the use and operation of the Last2Ticket web platform.
The Parties hereby expressly declare that this agreement is not part of any standard contract and expressly rule out the application of the same to any standard legal regime, and hereby specifically waive, subject to being held in bad faith, the application of the same to any other standard regime, for example, with regard to termination, payments, indemnities, etc., whereby the conditions agreed upon between the Parties in this agreement/the contractual balance achieved were based on the non-implementation of such regimes.
The purpose of this agreement is the granting of the operating license under a period of a trial for the Last2Ticket web platform (services detailed in the Particular Conditions) by Last2Ticket to the client.
The purpose of this agreement is singular and indivisible, and the benefits specified in the Particular Conditions cannot be rendered autonomous.
In addition to the terms of this agreement, the operating license is subject to the following:
a) It is not exclusive, whereby Last2Ticket has the right to grant other licenses to any third parties in accordance with the conditions it deems appropriate ;
b) It is non-transferable, whereby the client may not assign it in any manner;
c) It may only be used for the purposes of this agreement, excluding any other purpose or use prohibited by law;
d) It is not an onerous license, for the period of 30 days;
e) It is a temporary license, in accordance with the period of time specified in the Particular Conditions.
f) In the trial, the clients can only sell free tickets, limited to 100 tickets.
In addition to the obligations set forth in this agreement, Last2Ticket is required:
a) To support the client doubts and questions on how to use the Last2Ticket web platform;
b) To guarantee that, provided the rules for the use of the Last2Ticket web platform have been complied with, the information arising from the use of Last2Ticket is anonymized, access is restricted to the use of the passwords of the employees using the software;
c) To guarantee that Last2Ticket has no access to the passwords of users or participants in the events;
In addition to the rights set forth in this agreement, Last2Ticket is entitled:
a) To disclose and advertise the existence of this agreement;
b) To access the anonymized personal data/information arising from the use of the Last2Ticket web platform for research and promotional purposes.
In addition to the obligations set forth in this agreement, the client is required:
a) To provide the conditions required for the implementation of the Last2Ticket web platform, at its own expense;
b) Not to reproduce or copy the software involved in this agreement;
c) Not to intervene in any way (including any repairs) or to modify anything involved in this agreement;
d) To return everything involved in this agreement immediately after the termination of the same, regardless of the reason for such termination;
e) To effect payment of the amounts specified in this agreement, including in the Particular Conditions;
f) To immediately notify Last2Ticket of any problem arising in connection with the use of the Last2Ticket web platform;
g) To keep secret and not to disclose any passwords related to the Last2Ticket web platform;
h) Only to allow employees with the appropriate professional skills and trained by Last2Ticket to use the Last2Ticket web platform;
i) To use the Last2Ticket web platform in accordance with the “User Manual” and pursuant to the training provided by Last2Ticket;
j) To comply with any instructions provided by Last2Ticket in relation to the Last2Ticket web platform;
k) To comply with the terms and conditions for the use of the software;
m) Not to directly or indirectly compete, by whatever means, itself or through third parties, with Last2Ticket with regard to the purpose of this agreement.
n) Not to sell or commercialize any ticket with face value.
In addition to the rights set forth in this agreement, the client is entitled:
a) The good performance of the services hired, with the exception of the situations that causes beyond the control of Last2Ticket;
b) To disclose and advertise the existence of this agreement.
Last2Ticket will not be held liable under any circumstances whatsoever, with the exception of imperative legal requirements which must be complied with.
The client accepts that the Last2Ticket web platform is used on its own account and risk and that the Last2Ticket web platform is provided “in the state in which it finds itself” and “as available”, and also accepts that the information provided does not guarantee thoroughness.
In the broadest admissible sense in accordance with the applicable law, Last2Ticket denies all guarantees, both express and implicit, including, but not limited to, implicit guarantees of marketability and convenience for a particular purpose and does not guarantee that the functions contained in what is provided will be uninterrupted and free of error, that these defects will be corrected, or that the web pages of the server providing the same will be free of viruses and other harmful components. Furthermore, in the broadest admissible sense in accordance with the applicable law, Last2Ticket does not guarantee or make representations related to the use or arising from the use of the Last2Ticket web platform in terms of quality, suitability, accuracy, reliability, security, or other aspects.
Last2Ticket will not be held liable for:
a) Any loss or damage attributable to the client, including all its employees, regardless of the nature of their association;
b) Any loss or damage attributable to third parties;
c) Any loss or damage arising from unforeseeable circumstances or force majeure;
d) In all situations where any of the provisions set forth in this agreement has been breached;
e) Any loss or damage arising from interference, interruptions, viruses or computer attacks, breakdowns or disconnection of the operating system which might prevent users from accessing and browsing and/or accessing and using the products in the correct manner;
f) Other situations in which it is not liable in accordance with the law.
In the event the client uses the products in breach of this agreement, Last2Ticket will not be held liable for any of the consequences arising from the same, whatever they may be, among others, poor performance or harm to the purpose of this agreement or to other items and persons.
Last2Ticket waives all liability in relation to any consequences arising from any changes in the law, such as, for example, a ban on the use of the Last2Ticket web platform or the implementation of restrictions with regard to the use of the same.
For the purposes of this agreement “intellectual and/or industrial property rights” shall mean all rights, copyright and/or industrial property and/or associated rights and/or computer software programs, in addition to any other of a similar nature commonly known as “intellectual property”, related to the activity of Last2Ticket, among others, arising from this agreement, in relation to all products, technological solutions and technical documentation, mere ideas and know-how, both existing and /or created in the future and/or developed by Last2Ticket.
The client hereby declares that all “intellectual and/or industrial rights” belong to Last2Ticket and that the relationship between Last2Ticket and the client does not entitle the client to any right in connection with the “intellectual and/or industrial rights”.
Specifically, the client hereby declares not to have any of the aforementioned rights in relation to the activity it conducts within the scope of this agreement, after the termination of this agreement these rights will remain the property of Last2Ticket, whereby the client has no right to any compensation paid by Last2Ticket for the same, this having been an essential aspect of Last2Ticket entering into this agreement, and which was essential to the balance of the remaining clauses of the agreement.
The obligations arising from this clause shall remain in force for an indefinite period of time, including after the termination of the agreement.
This agreement is executed for the term specified in the Particular Conditions.
Either Party may freely and unilaterally cancel this agreement in the event of the failure by the other party to comply with any of the obligations set forth in this agreement.
Cancellation is conducted in the form of a registered letter signed for on receipt and comes into effect ten days after the date of notification.
With the exception of cases in which this agreement is terminated due to non-compliance (in which case the defaulting party is required to indemnify the other party pursuant to the law), the termination of this agreement does not grant either party any right to indemnity, whereby the Parties hereby expressly waive all rights to any indemnity they might have, whereby the conditions agreed upon between the Parties in this agreement/contractual balance achieved in this agreement bore this in mind.
Any amendment to this agreement is only valid when conducted in writing and signed by both Parties.Any amendment to this agreement is only valid when conducted in writing and signed by both Parties.
All notifications set forth in this agreement will be conducted in writing, signed for on receipt and delivered to the contact persons specified in the Particular Conditions.
Any change in the aforementioned contact persons should be reported to the other party in accordance with the aforementioned manner.
Any dispute arising from this agreement shall be subject to the Portuguese law. 13.2. The Parties hereby elect the Courts of the District of Porto to settle any dispute arising from this agreement, with the express waiver of any other.
Privacy Policy
Last2ticket privacy terms clarify the terms with respect to information that can be associated with or which relates to a person and/or could be used to identify a person (“Personal Data”) that is collected from attendees on or through the Last2ticket Services.
Last2ticket takes the privacy of event organizers and attendees Personal Data very seriously. That’s the reason we created this Privacy terms. Please read this Privacy Policy as it includes important information regarding your Personal Data and other information.
In case of any questions or concerns at any time, please do not hesitate to contact us at the address above or by contacting us at gdpr@last2ticket.com.
When an attendee uses or interacts with events managed through Last2ticket Services, Last2ticket may collect Personal Data. Sometimes this will be on our own behalf and other times this will be on behalf of an event organizer.
Attendees data
The information you provide: For all users and participants, we collect Personal Data when voluntarily this information is provided, such as register for access to the Last2ticket Services, contact with inquiries, respond to one of our surveys or browse or use certain parts of the Last2ticket services.
The Personal Data
we may collect includes users name, address, email address and other information that enables users/attendees to be personally identified. Information we automatically collect: in an automated process, certain technical data is collected and sent to us from the computer, mobile device and/or browser through which you access the Last2ticket Services (“Automatic Data”).
Automatic Data
Includes without limitation, a unique identifier associated with your access device and/or browser (including, for example, your Internet Protocol (IP) address) characteristics about your access device and/or browser, statistics on your activities on the Services, information about how you came to the Last2ticket Services and data collected through Cookies, Pixel Tags, Local Shared Objects, Web Storage and other similar technologies. You can find out more information about how we use Cookies and other similar tracking technologies in our Cookie Statement.
When you register for the Last2ticket Services or otherwise submit Personal Data to us, we may associate other Non-Personal Data (including Non-Personal Data we collect from third parties) with your Personal Data. At such instance, we will treat any such combined data as your Personal Data until such time as it can no longer be associated with you or used to identify you.
Event Organizers
As an Organizer, we will collect additional Personal Data from you. Information you provide to Last2ticket as billing address, accounting contact, etc., some of which may constitute Personal Data, to secure certain services contract.
Users/attendees
As an attendee, we will collect additional Personal Data from you, sometimes for our own purposes and other times on behalf of an event organizer. Information attendees provide through event registration or ticket purchases: when registering for a paid event, you will provide financial information some of which may constitute Personal Data.
In addition, Event organizers can set up event registration pages to collect any information from attendees in connection with registration for an Organizer’s event listed on the Last2ticket Services. Last2ticket do not control the process of registration created by event organizers or the personal data that they collect. Personal Data collected on behalf of Event Organizers is provided to the Organizer of the applicable event in accordance with “How We Disclose and Transfer Your Personal Data: Organizers” below.
Information we obtain from other sources: we may also collect or receive Personal Data from third party sources, such as Organizers, other attendees, social media or other third party integrations, our payment processing partners or other third parties.
Last2ticket collects and use collected Personal Data in a manner that is consistent with this Privacy Policy. Personal Data may be used as follows:
Support Specific Reason:
If you provide Personal Data for a certain purpose, we may use the Personal Data in connection with the purpose for which it was provided. For example, if an attendee contacts Last2ticket by e-mail, we will use the Personal Data you provide to answer your question or resolve your problem and will respond to the email address from which the contact came.
Access and Use:
If you provide Personal Data in order to obtain access to or use of the Last2ticket Services or any functionality, we will use your Personal Data to provide you with access to or use of the Last2ticket Services or functionality.
Internal Business Purposes:
We may use your Personal Data for internal business purposes, including without limitation, to help us improve the content and functionality of the Services, to better understand our Users, to improve the Last2ticket Services, to protect against, identify or address wrongdoing, to enforce our Terms of Service, to manage your account and provide you with customer service, and to generally manage the Last2ticket Services and our business.
Last2ticket Marketing Communications:
Last2ticket may use your Personal Data to contact you in the future for our marketing and advertising purposes, including without limitation, to inform you about Last2ticket services or events we believe might be of interest to you, to develop promotional or marketing materials and provide those materials to you, and to display content and advertising on or off the Last2ticket Services that we believe might be of interest to you.
See “Electronic Communications how to Opt Out ” below on how to opt out of Last2ticket Marketing Communications.
Event Organizer Emails:
Last2ticket allows Organizers to use our email tools to contact Consumers for their current and past events, so you may receive emails from our system that originate with such Organizers and that we send on their behalf.
If you registered for an event on the Last2ticket Services, your email address is available to that Organizer. However, Organizers may also import the email addresses they have from external sources and send communications through the Last2ticket Services to those email addresses, and we will deliver those communications to those email addresses on the Organizer’s behalf. The Organizer and not Last2ticket is responsible for sending these emails.
See “Electronic Communications how to Opt Out ” below on how to opt out of Organizer initiated communications.
Other Purposes:
If Last2ticket intends to use any Personal Data in any manner that is not consistent with this Privacy Policy, all parties will be informed.
We are not in the business of selling Data or any type of Personal Data, so we don’t sale data. We consider this information to be a vital part of the relationship we believe is key for our future. Last2ticket will not sell your Personal Data to third parties, including third party advertisers.
There are, however, certain circumstances in which we may disclose, transfer or share your Personal Data with certain third parties without further notice to you, as set forth below.
Business Transfers:
As we develop our business, we might sell or buy businesses. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets. You acknowledge and agree that any successor to or acquirer of Last2ticket will continue to have the right to use your Personal Data and other information in accordance with the terms of this Privacy Policy.
Agents, Partners, Consultants, and Service Providers:
Last2ticket may share your Personal Data with our contractors and service providers who process Personal Data on behalf of Last2ticket to perform certain business-related functions. These companies include our marketing agencies, database service providers, backup and disaster recovery service providers, email service providers and others. When we engage another company to perform such functions, we may provide them with information, including Personal Data, in connection with their performance of such functions.
Event organizers:
Every time an attendee purchase tickets to or register to an event through the event page or web widget, we provide the Personal Data entered on the event application.
In some cases, an Organizer may appoint a third party, which may or may not be affiliated with the Organizer, to create an event on its behalf (we call these third parties (“Third Party Organizers”). In those circumstances, Last2ticket may provide your Personal Data to the Third Party Organizers on behalf of the Organizers. Last2ticket is not responsible for the actions of these Organizers, or their Third Party Organizers, with respect to your Personal Data.
Facebook and Other Third Party Connections:
You can connect your Last2ticket account to your accounts on third party services like Facebook, in which case we may collect, use, disclose, transfer and store/retain information relating to your account with such third party services in accordance with this Privacy Policy. For example, if you connect with Facebook, we store your Facebook id, first name, last name, email, location, friends list and profile picture and use them to connect with your Facebook account to provide certain functionality on the Services, like recommending events that your Facebook friends are interested in and sharing the events you are interested in or attending, with certain groups of people like your Facebook friends.
Legal Requirements:
Last2ticket may disclose your Personal Data if required to do so by law, or to comply with a legal obligations, protect or defend our rights, interests or property or that of third parties, prevent or investigate possible issues or problems in connection with the Services, act in urgent circumstances to protect the personal safety of Users of the Last2ticket Services or the public, or protect against legal liability.
You can request access to some of your Personal Data being stored by us. You can also ask us to correct, update or delete any Personal Data that we process.
If you are a registered User, you can exercise these rights by logging in and visiting the My Account page.
Both registered and unregistered Users may also contact Last2ticket directly by email.
If a user or attendee initiates a data deletion request, Last2ticket will delete or anonymize Personal Data.
However, if you are an attendee, you understand that even if Last2ticket deletes or anonymizes your Personal Data upon your request or pursuant to this Policy, your Personal Data may still be available in the Organizer’s own databases if transmitted to the Organizer prior to Last2ticket receiving or taking action on any deletion or anonymization activity.
Please refer to our Cookie Statement for more information about our use of cookies and other similar tracking technologies.
You have several choices available when it comes to your Personal Data:
Limit the Personal Data You Provide. You can use Last2ticket services without providing any Personal Data (other than Automatic Data to the extent, it is considered Personal Data under applicable laws) or with limiting the Personal Data you provide.
If you choose not to provide any Personal Data or limit the Personal Data you provide, you may not be able to use certain functionality of the Last2ticket Services. For instance, in order to buy tickets as a consumer, your name and email address will be required by the Organizer.
Last2ticket Marketing Communications.
Where it is in accordance with your marketing preferences, Last2ticket may send you electronic communications marketing or advertising the Last2ticket Services themselves or events on the Last2ticket Services, to the extent you have registered for the Services or purchased a ticket and/or registration to an event listed on the Services.
You can also “opt out” of receiving these electronic communications by clicking on the “Unsubscribe” link at the bottom of any such electronic communication.
Event Organizer Initiated Communications.
Organizers may use our email tools to send electronic communications to those on their email subscription lists, including attendees who have registered for their events on the Last2ticket Services in the past. Although these electronic communications are sent through our system, Last2ticket does not determine the content or the recipients of these electronic communications. Organizers are required to use our email tools only in accordance with all applicable laws. Last2ticket provides an “Unsubscribe” link on each of these emails, which allows recipients to “opt out” of electronic communications from the particular Organizer.
Social Notifications.
If you connect your Facebook account or sign up for other social media integrations whose product features include social notifications (i.e., updates on what your friends are doing on the Last2ticket Services), you will receive these social notifications. You can manage these social notifications by toggling your social settings to private or disconnecting such integration.
Transactional or Responsive Communications.
Certain electronic communications from Last2ticket are responsive to your requests. For instance, if you are an attendee, we must email you your ticket or registration on behalf of the Organizer when you purchase such ticket or registration. As a further example, if you email our customer support department, we will return your email. Even in case of any unsubscribe that you have made, you will still receive these transactional or responsive emails. You can stop receiving these types of emails only by contacting us. By electing to stop receiving all electronic communications from us or through our system you will no longer receive any updates on events you have created or on events you are registered to attend (including emails with your tickets). We do not recommend that you do this unless you plan to no longer use the Last2ticket services, are not currently registered for an event, are not currently organizing an event and will have no need to receive further communications from us or through our system.
It may take up to forty-eight (48) hours for us to process an unsubscribe request. Even after you opt out of all electronic communications, we will retain your Personal Data in accordance with this Privacy Policy, however, we will no longer use it to contact you. Event organizers who have received your Personal Data in accordance with this Privacy Policy may still use that Personal Data to contact you in accordance with their own privacy policies, but they may not use our system to execute this connection.
With the exception of cases in which this agreement is terminated due to non-compliance (in which case the defaulting party is required to indemnify the other party pursuant to the law), the termination of this agreement does not grant either party any right to indemnity, whereby the Parties hereby expressly waive all rights to any indemnity they might have, whereby the conditions agreed upon between the Parties in this agreement/contractual balance achieved in this agreement bore this in mind.
Any amendment to this agreement is only valid when conducted in writing and signed by both Parties.Any amendment to this agreement is only valid when conducted in writing and signed by both Parties.
All notifications set forth in this agreement will be conducted in writing, signed for on receipt and delivered to the contact persons specified in the Particular Conditions.
Any change in the aforementioned contact persons should be reported to the other party in accordance with the aforementioned manner.
Any dispute arising from this agreement shall be subject to the Portuguese law. 13.2. The Parties hereby elect the Courts of the District of Porto to settle any dispute arising from this agreement, with the express waiver of any other.