Terms of Service
Welcome to Eventflare! We operate an online marketplace which allows you to rent and book services using our Platform. Have a good time and remember our house rules!
1.1 Welcome to the Eventflare platform (www.eventflare.io). We will refer to our Platform and other services as our “Services”, and Eventflare will be addressed individually or collectively as “Eventflare”, “We”, “Us”, or “Our”. Do read through the following Terms of Service carefully before using the Platform or any of our services. BY ACCEPTING THESE TERMS OF SERVICE, YOU ARE ENTERING INTO AN AGREEMENT BETWEEN SPACEHUNTR B.V. (Operating under name Eventflare), having its administrative seat at Ikaroslaan 1, 1930 Zaventem, Belgium and with company number KBO N° 0688.787.694 AND YOURSELF. PLEASE NOTE THAT THE USE OF THIS PLATFORM IS RESTRICTED TO LEGAL ENTITIES AND PROFESSIONALS AND IS SPECIFICALLY NOT INTENDED FOR CONSUMERS UNLESS THEY ARE ACTING IN A CAPACITY OF HOST AS DEFINED BELOW. If you are an individual accessing or using our Platform on behalf of, or for the benefit of, any corporation, partnership or other entity with which you are associated (an “Organization”), then you are agreeing to this Agreement on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to this Agreement. References to “you” and “your” in this Agreement will refer to both the individual using the Platform and to any such Organization.
1.2 This document and any documents referred to within it will collectively make up the ‘Terms of Service’.
1.3 Our “Services” include (a) the Platform, (b) the Services provided by the Platform, (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software, application services. Any new features added to or augmenting the Services are also subject to these Terms of Service. Content that is posted or provided to us by Users using our Services will be “Your Content”. Your Content includes your usernames, shop names, profile pictures, listing photos, listing description, reviews, comments, videos etc.
1.4 Our Services include (without limitation) an online platform service that provides a site and opportunity for renting out premises such as (without limitation) conference rooms or the sale of services between the “buyer” (“Guest”) and the “seller” (“Host”), collectively known as “Users” or “the Parties”. The actual contract related thereto (“a Booking”) is concluded directly between the Guest and the Host. We are not a party to that contract and as such not liable in any way for any breach related to said contract or any other ancillary contract between Guest and Host. We have made a selection of third party service providers which may be added by us in our own discretion to the list of the Hosts profiles to provide the full range of services to the Guests. When a Guest selects one of these added third party service providers, a contract will be concluded between the Host and the third party service providers. The Parties to this contract will be entirely responsible for the content of the contract between them. As such, we make no representations as to the completeness, accuracy, reliability, validity or timeliness of such listings by the Hosts, descriptions or images and we decline all liability of any kind relating to said contracts entered into by the Parties. However, if you have problems with your Booking, we may (without any obligation on our part to do so) step in to help (refer to section 10). We do not pre-screen Users and any of Your Content. We cannot ensure that Users will actually complete a Booking.
1.5 We reserve the right to change, modify, suspend or discontinue all or any part of this Platform or Services at any time. We may release certain Services or their features while they are still considered to be a beta version, which may not work correctly or in the same way as how the final version may work, and cannot be held liable in such instances. We may also impose limit on certain features or restrict your access to parts of, or the entire Platform or Service at our sole discretion without notice or liability.
1.6 We reserve the right to refuse to provide you access to the Platform or Service or to allow you to open an Account without any requirement on our part to state reasons.
2.2 Users in possession of another User’s personal data obtained through the use of the Services hereby agree that, they will (a) comply with all applicable personal data protection laws, (b) allow User (owner of personal data) the right to remove its collected data from User (receiver of personal data) from the database upon first request.
3. Your Account
3.1 You will need to create an account with Us to use our Services or Eventflare may create one for you (including appropriate content) if you grant us permission to do so by e-mail or through any other medium which establishes your consent to the extent required by applicable law. Here are a few rules about accounts with Us:
3.1.1 We may reject, or require that you change, any user name, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential and accounts are not transferable; you, and not Us, are responsible for any use or misuse of your user name or password, and you must promptly notify Us of any confidentiality breach or unauthorized use of your user name or password or your account. In the event you are a consumer and not a Host, your application for an account will be rejected or removed subsequently without any need for an additional notice.
3.1.2 If you are sharing an account with other people, then the person’s name on the account will be ultimately be responsible for all activity.
3.1.3 The rules set out in this section are applicable for all Users. Host accounts can however be managed by Us. The Hosts hereby grant us permission to do so.
4. Limited Rights
4.1 We grant you limited and revocable rights to access and use of our Platform and of our Services, subject to our Terms of Service. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property displayed on the Platform are the property of Eventflare and where applicable, third party proprietors identified as such. All trade names, trademarks, service marks and logos on the Platform not owned by Us are the property of their respective owners. Nothing contained on the Site should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.
4.2 You agree not to copy, distribute, republish, mirror, frame or create derivative works without Our prior written consent.
5. Your Content
5.1 Content that you post using our Services is your content. This includes usernames, shop names, profile pictures, listing photos, listing descriptions, reviews, comments, video, etc.
5.1.1 You are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and you’re not infringing or violating any third party’s rights by posting it and you fully indemnify US and will hold Us harmless at your sole expense in the event that Your Content infringes upon the rights of a third party.
5.1.2 In connection with our Platform, you must not:
– Post, transmit or otherwise make available through or in connection with the Platform any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
– Post, transmit or otherwise make available through or in connection with the Platform any virus, worm, Trojan horse, time/logic bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”).
– Harvest or collect information about Users of the Platform or the Services.
– Interfere with or disrupt the operation of the Platform or the servers or networks used to make the Platform available, including by hacking or defacing any portion of the Platform; or violate any requirement, procedure or policy of such servers or networks.
– Restrict or inhibit any other person from using the Platform.
– Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Platform except as expressly authorized herein, without Our express prior written consent.
– Reverse engineer, decompile or disassemble any portion of the Platform, except where such restriction is expressly prohibited by applicable law.
– Remove any copyright, trademark or other proprietary rights notice from the Platform.
– Frame or mirror any portion of the Platform, or otherwise incorporate any portion of the Platform into any product or service, without Our express prior written consent.
– Systematically download and store Platform content.
– Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Platform content, or reproduce or circumvent the navigational structure or presentation of the Platform, without Our express prior written consent. You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Platform.
5.1.2 For purposes of clarity, you retain ownership of Your Content. You hereby grant to Us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sub-licensable (through multiple tiers) license, without additional consideration to you or any third party, to store, reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, translate, adapt, modify and otherwise use, analyze and exploit Your Content, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).
5.1.3 If you believe in good faith that content that you own or have rights to, has made available on the Platform without your permission and you want it removed, please contact Us. If content on our Platform infringes another person’s intellectual property, we will remove it if we receive proper notice substantiated by evidence.
5.1.4 For Our Hosts we can offer (if requested and for a fee) the service of a professional photographer taking pictures of the Host’s rooms, premises or venue. The pictures will be provided to you so you can publish them as part of your profile. They will be yours, but when publishing on our Platform, are subject to Our Terms including the license grant contained therein.
6. Your Use of Our Services
6.1 We grant you a limited, non-exclusive, non-transferable and revocable license to use our Services. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal and international laws that may apply to you.
6.2 You are responsible for paying all fees that you owe us, You are also solely responsible for collection and/or paying any applicable taxes for any purchases or sales you make through our Services.
6.3 Violations of this policy may result in a range of actions on Our part at Our sole discretion, including any or all of the following: listing deletion, account suspension or deletion or legal action.
6.4 If you believe a User on Our Platform is violating these Terms, please contact Us.
7. Purchase and Payment
7.1 Currently we only support Credit Card payments. These payments are processed through third-party payment channels, their terms and applicable fees may vary depending on the jurisdiction you are in.
7.2 All transactions concluded through the intermediary of our Platform are legally binding. The Host is obligated to complete the Booking with the Guest in a prompt manner unless an exceptional circumstance arises in which case the Host and the Guest may agree to annul the transaction. This will not have any impact on any Commissions which are due to Us pursuant to these Terms.
Becoming a Host and listing your space is totally free of charge. Nonetheless, for the advertisement and the marketing efforts We provide, we request a flat non-refundable commission on the Bookings.
8. Host Commission
8.1 The Host of any item/service will pay us a commission on the total Booking amount received by the Guest.
8.2 Our commission will be deducted directly from your funds before the funds are settled into your account. The payouts depend on the third-party payment channel which was used, but generally varies between one to ten (1 to 10) calendar days.
8.3 All third-party payment channels will charge you an additional fee for payment processing. This fee will be dependent on your location as well as your Guest’s location. All payment processing fees will not be included in the Host’s commission that we charge.
9. Host’s Responsibilities
9.1 Hosts will properly manage and ensure that relevant information such as the price and the location, the description and capacity of premises offered for Booking and will not post inaccurate, out of date or misleading information. The Hosts are solely responsible for updating any relevant information such as description and capacity of premises, location and pricing.
9.2 Pricing is determined by the Host at its own discretion, but We expect transparency about pricing for Our users. Therefore, the Host is not allowed to increase the pricing in relation to the Host’s commission fee set by the Platform. If, our Users or We find out the Host is quoting lower prices on their own website or any other way, the Host will refund the User the difference. We will limit access to its account to investigate if this was intentional or not. Pricing should include any taxes applicable at the time of Booking. Hosts shall not charge a Guest such amounts additionally and separately or add additional hidden charges.
9.3 Hosts will issue additional receipts, credit card slips or tax invoices to a Guest on request as per the applicable regulation.
10. Disputes with Other Users
10.1 If you find yourself in a dispute with another User of our Services or a third party, We encourage you to contact the other party and try to resolve the dispute amicably.
10.2 Should you be unable to resolve the dispute between you and another user, We may step in to help resolve the dispute. If you would like Us to get involved, please contact Us. We will help in good faith based on our policies. However, We will not make judgments regarding legal issues or claims nor do We guarantee in any way that Our involvement will lead to a satisfactory outcome. We may at any time, at our sole discretion, end Our involvement in an ongoing dispute without any requirement on Our part to motivate such a decision but which will most likely be related to the fact that we do not have sufficient evidence to settle the matter.
10.3 Whether you are a Guest or a Host, you must cooperate in good faith with Us throughout the dispute resolution process. We ask that you provide all information relating to the dispute that we request. Such requests will be directed to your designated email address. If we are unable to get a response from you, We may close the investigation.
10.4 Disputes as a Guest
10.4.1 You may raise two types of disputes, one where the service is not rendered and the Host is not responding to any of your attempts to communicate. The second type of dispute is whenever the premises or location deviate substantially from what was represented to you by the Host.
10.4.2 You may pursue a report about a Booking or contact your card provider to pursue any chargeback options that may be available to you from your card provider. However, you may not pursue both options at the same time or seek double recovery in respect of the same Booking. If you raise a dispute with Us and subsequently file a chargeback with your card provider, we will end our involvement immediately.
10.4.3 If you have received a refund/exchange from the Host, you may not report that Booking.
10.4.4 If the service is not rendered, We will ask the Host to provide proof that the service was rendered.
10.4.5 If the premises or location deviate substantially from what was represented to you by the Host, and both parties cannot come to an agreement, We will make a fair decision based on all the information in Our possession. We will exercise our decision-making authority based on numerous factors, which include the description as represented, communications between you and the Host as well as any documentation provided. All decisions made by Us are final and legally binding for both the Guest and the Host.
10.5 Disputes as a Host
10.5.1 As a Host, We encourage you to communicate actively with your Guest especially if there are any exceptional circumstances. We encourage you to be prompt in responding to your Guest in order to avoid any unnecessary disputes.
10.5.2 With respect to a claim that services were not rendered, we will contact you to request proof that the services were rendered. We will make a fair decision based on all the information in Our possession. We will exercise our decision-making authority based on numerous factors, which include the description as represented, communications between you and the Host as well as any documentation provided. All decisions made by Us are final and legally binding for both the Guest and the Host.
10.5.3 With respect to disputes relating to a substantial deviation from the description represented by the Host, We will be reviewing description and images that were provided at the time of Booking. If both parties cannot come to an agreement, We will make a fair decision based on all the information in Our possession. We will exercise Our decision-making authority based on numerous factors, which including the description at the time of Booking, communications between the Host and the Guest as well as any documentation provided. All decisions made by us are final and legally binding for both the Guest and the Host.
10.5.4 If the Guest attempts to pursue any chargeback options, we end our involvement.
11. Disputes with Us
11.1 If you are displeased with our Services, please let Us know and hopefully We can resolve your issue. If we are unable to resolve the issue, these rules will govern any legal dispute involving our Services:
11.1.1 Governing Law. The Agreement incorporated into these Terms is governed exclusively by Belgian law.
11.1.2 You agree that any dispute or claim arising from these Terms (including, without limitation, any disputes related to the interpretation, the performance, the validity, the termination of these Terms as well as any torts closely associated with these Terms) will be settled exclusively by the Brussels Court of Commerce (Dutch Section) or the Brussels International Business Court (if it is settling cases) which shall have exclusive competence to hear any such disputes regardless of your location or domicile.
If you need to contact Us, please click on “contact us” for Our contact details. We value hearing from Our users and are always interested in learning about ways We can improve our Services. By providing your feedback you agree that you are giving up any rights you have in your feedback so that We may use and allow others to use it without any restriction and without any payment to you.