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ÁñÁ«ÊÓÆµ Events
1.1. These ÁñÁ«ÊÓÆµ Events - Product Terms of Use, together with the ÁñÁ«ÊÓÆµ Marketplace Terms of Service, the agreement between the Customer and ÁñÁ«ÊÓÆµ (“Agreementâ€) and the ÁñÁ«ÊÓÆµ Master Terms and Conditions, shall apply to the purchase of ÁñÁ«ÊÓÆµ Events as relevant to the ÁñÁ«ÊÓÆµ Events offering. Any capitalized terms not defined in these ÁñÁ«ÊÓÆµ Events - Product Terms of Use shall have the meanings described in the ÁñÁ«ÊÓÆµ Marketplace Terms of Service or ÁñÁ«ÊÓÆµ Master Terms and Conditions. For the avoidance of doubt, within these ÁñÁ«ÊÓÆµ Events - Product Terms of Use, the term 'Customer,' as used herein, shall encompass the 'Partner' as defined in the ÁñÁ«ÊÓÆµ Master Terms and Conditions.
1.2. The Customer acknowledges that ÁñÁ«ÊÓÆµ Events is offered through the ÁñÁ«ÊÓÆµ Platform (and/or ÁñÁ«ÊÓÆµ Marketplace).
1.3. By purchasing ÁñÁ«ÊÓÆµ Events, the Customer agrees to the obligations, including payment of the corresponding fees and other payments, as defined in the Agreement or the ÁñÁ«ÊÓÆµ Platform or ÁñÁ«ÊÓÆµ Marketplace.
1.4. At its sole discretion, ÁñÁ«ÊÓÆµ reserves the right to terminate, limit, suspend ÁñÁ«ÊÓÆµ Events, or discontinue the services to specific countries without prior notice to the Customer if such actions result from changes in laws, regulations, or requirements imposed by telecommunications or third-party providers.
1.5. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, MEWS EVENTS IS PROVIDED BY MEWS "AS IS," AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, MEWS EXPLICITLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MEWS MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES WITH REGARD TO MEWS EVENTS. MEWS MAKES NO WARRANTY THAT MEWS EVENTS WILL MEET THE CUSTOMER'S REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR-FREE BASIS. MEWS MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF MEWS EVENTS. THE CUSTOMER ACKNOWLEDGES AND AGREES THAT IF THE CUSTOMER RELIES ON MEWS EVENTS, THE CUSTOMER DOES SO SOLELY AT ITS OWN RISK. THE CUSTOMER ACKNOWLEDGES THAT THE INTERNET AND TELECOMMUNICATIONS PROVIDERS' NETWORKS ARE INHERENTLY INSECURE AND THAT MEWS WILL HAVE NO LIABILITY FOR ANY CHANGES TO, INTERCEPTION OF, OR LOSS OF CUSTOMER DATA WHILE IN TRANSIT VIA THE INTERNET OR A TELECOMMUNICATIONS PROVIDER'S NETWORK.
1.6. The Customer shall defend, indemnify, and hold harmless ÁñÁ«ÊÓÆµ from and against any and all damages, costs, expenses, fines, penalties, liabilities, claims, and causes of action, including, without limitation, reasonable attorneys’ fees, expenses, and costs in the defense and disposition of such matters, and in relation to enforcing this indemnification provision (together, "Damages") in any way arising by reason of or relating to any claim by any third party (including any governmental authority) arising from or relating to a claim that (i) the Customer has in any way infringed, misappropriated, breached, or violated any copyright, patent, trade secret, or other intellectual property rights of ÁñÁ«ÊÓÆµ and/or Third-Party Providers or any third party, or (ii) Customer’s gross negligence or willful misconduct, or (iii) Customer’s violation of applicable legislation, these ÁñÁ«ÊÓÆµ Events - Product Terms of Use, ÁñÁ«ÊÓÆµ Marketplace Terms of Service, or ÁñÁ«ÊÓÆµ Master Terms and Conditions.
1.7. NEITHER MEWS, ITS AFFILIATES, CONTRACTORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING MEWS EVENTS WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT COSTS OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LITIGATION COSTS, LOSS OF DATA OR GOODWILL OR PRODUCTION, OR BUSINESS OPPORTUNITIES, OR REPUTATION, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE MEWS EVENTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MEWS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. In no event shall ÁñÁ«ÊÓÆµ be liable to the Customer for more than the amount of any actual direct damages up to the amount paid by the Customer hereunder for ÁñÁ«ÊÓÆµ Events to ÁñÁ«ÊÓÆµ giving rise to liability in the three (3) months preceding the first incident from which the liability arose. The Parties agree that this clause represents a reasonable allocation of risks. IN THE EVENT THAT A RELEVANT JURISDICTION DOES NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL OR OTHER ABOVE LISTED DAMAGES, THAT LIMITATION WILL NOT APPLY TO CUSTOMER TO THE EXTENT PROHIBITED. HOWEVER, IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
1.8. Product and Price Changes: ÁñÁ«ÊÓÆµ reserves the right, at its sole discretion, to unilaterally introduce or modify terms of Schedule A or any other schedules found below, including but not limited to terms of Fees, Packages, and Pricing, at any time. The Customer will be notified of these changes by electronic means, either via email, through the ÁñÁ«ÊÓÆµ Platform, ÁñÁ«ÊÓÆµ Marketplace, or ÁñÁ«ÊÓÆµ website. While ÁñÁ«ÊÓÆµ aims to provide these updates as soon as possible, ÁñÁ«ÊÓÆµ does not guarantee a fixed period for advance notification. Customer acknowledges that its continued use of ÁñÁ«ÊÓÆµ Events after such notification and the effective date of any changes constitutes acceptance of the modified or updated terms.
1.9. Product Terms of Use: ÁñÁ«ÊÓÆµ may, at its sole discretion and at any time, make changes, updates, or modifications to these ÁñÁ«ÊÓÆµ Events - Product Terms of Use, including any documents incorporated by reference herein. The Parties agree that ÁñÁ«ÊÓÆµ will inform the Customer of any changes to the ÁñÁ«ÊÓÆµ Events - Product Terms of Use by posting a new version or by making it otherwise available to the Customer on or before the effective date of those changes. Customer acknowledges that its continued use of ÁñÁ«ÊÓÆµ Events after such notification and the effective date of any changes constitutes acceptance of the modified or updated terms.
1.10. In case of any conflict between the ÁñÁ«ÊÓÆµ Marketplace Terms of Service, ÁñÁ«ÊÓÆµ Master Terms and Conditions, and ÁñÁ«ÊÓÆµ Events - Product Terms of Use, the order of precedence shall be as follows: ÁñÁ«ÊÓÆµ Events - Product Terms of Use, ÁñÁ«ÊÓÆµ Master Terms and Conditions, and ÁñÁ«ÊÓÆµ Marketplace Terms of Service.
SCHEDULE A
ÁñÁ«ÊÓÆµ Events Product
1. The ÁñÁ«ÊÓÆµ Events is offered in ÁñÁ«ÊÓÆµ Platform (and/or ÁñÁ«ÊÓÆµ Marketplace) and is operated by ÁñÁ«ÊÓÆµ.
2. Fees and Payment Terms
2.1. Fees and payment terms for ÁñÁ«ÊÓÆµ Events will be charged and processed as specified in the Agreement or as displayed in the ÁñÁ«ÊÓÆµ Marketplace.
- 2.1.1 Customer acknowledges that the subscription fee is set as a minimum for the Subscription Term despite actual use during that term. ÁñÁ«ÊÓÆµ reserves the right to monitor or check the Customer’s use of the ÁñÁ«ÊÓÆµ Events Services. In the event of an increase in the number of Event Spaces utilized on the platform, ÁñÁ«ÊÓÆµ shall be entitled to recalculate the amounts due and issue an adjustment invoice for the payment of any additional fees incurred or increase the subscription fee in accordance with increased usage.
2.2. Any change in values will be communicated through via e-mail by the ÁñÁ«ÊÓÆµ team.
2.3. For the purposes of these Product Terms of Use, an Event Space is defined as the smallest part of each privatisable space that the Customer can lease, excluding bedrooms or rooms. This includes, but is not limited to, a meeting room, seminar room, conference room, amphitheatre, and terrace, garden or rooftop (if privatisable for events), among others.
- 2.3.1. In the case of a modular conference room, meaning a single conference room that can be divided by removable partitions, the number of meeting rooms is the sum of all the smallest partitions (ie., divided meeting rooms) that constitute the larger conference room when combined.
3. Subscription Term and Cancelation
3.1. “Subscription Term†is applied to ÁñÁ«ÊÓÆµ Events as defined in the Master Terms and Conditions, starting from the date that ÁñÁ«ÊÓÆµ Events is purchased and running coterminously to the Subscription Term in the Agreement.
3.2 Before the Renewal Subscription Term, the Customer may cancel their subscription to the ÁñÁ«ÊÓÆµ Events by submitting a request via email and providing prior notice in accordance with the terms and deadlines outlined in the ÁñÁ«ÊÓÆµ Master Terms and Conditions.
3.3. Effective Date of Cancellation: Cancellation will take effect at the end of the current billing cycle, unless otherwise specified in the Agreement.
3.4. Refunds & Fees: Payment obligations are non-cancellable and non-transferable, and paid fees are non-refundable.
3.5. Effect of Cancellation: Upon cancellation, the Customer will lose access to all features of the ÁñÁ«ÊÓÆµ Events, including any stored data or custom configurations. ÁñÁ«ÊÓÆµ is not responsible for retaining or restoring any lost data following cancellation and the Customer is responsible for downloading any data they deem necessary before the effective cancellation date.
3.6. Reactivation: If the Customer wishes to reactivate their subscription, they may do so by resubscribing through the platform by creating a new ÁñÁ«ÊÓÆµ Events integration in our marketplace or by contacting a member of the ÁñÁ«ÊÓÆµ team, subject to any applicable fees and terms in effect at the time of reactivation.
3.7 For any support related to ÁñÁ«ÊÓÆµ Events, the Customer should contact our support team as indicated on our website.