General terms for organisers

Clause 1 – Subject matter and scope

1.1. These General Terms for Organisers (the "Conditions") govern the relationship between Smappo Ltd ("Smappo") and the user who publishes one or more events on the Smappo platform (the "Organiser"). They supplement the General Terms and Conditions of Use, whose defined terms retain the same meaning; in the event of conflict, these Conditions shall prevail.

1.2. The Organiser accepts these Conditions, in the version in force from time to time, upon publication of each event. Smappo keeps a record of the version accepted and of the date of acceptance.

1.3. In relations with Organisers acting as businesses, these Conditions have been drawn up having regard to Regulation (EU) 2019/1150 on promoting fairness and transparency for business users of online intermediation services.

Clause 2 – Capacity as organiser and seller

2.1. The Organiser is solely responsible for the event and its delivery, for the accuracy, completeness and lawfulness of the information published, for the safety of venues and attendees, for obtaining licences, permits and authorisations, for compliance with rules on public entertainment, copyright, health and safety, and for its relationship with attendees.

2.2. With regard to paid tickets, the Organiser is the seller and concludes the contract with the attendee in its own name and on its own behalf. Smappo provides the Organiser with a technological ticketing service and assumes no obligation towards attendees in relation to the delivery of the event.

2.3. The Organiser undertakes to provide attendees with all pre-contractual information required by law, including information on its identity, refund conditions and the main characteristics of the event.

Clause 3 – Tax and administrative obligations

3.1. Tickets issued through the Platform do not constitute fiscal admission tickets. The Organiser alone is responsible for ascertaining and fulfilling all tax, accounting, social security and administrative obligations relating to the event and the sale, including the reporting of takings, the application of value added tax and any obligation to issue fiscal tickets.

3.2. The Organiser shall not use the Platform for events for which applicable law requires the issue of fiscal admission tickets that the Platform is unable to issue.

3.3. Where required by law, including legislation implementing Directive (EU) 2021/514 (DAC7), Smappo may be required to collect and report to the competent tax authorities the Organiser's identification details and the amounts received through the Platform. The Organiser undertakes to provide the information requested for that purpose.

Clause 4 – Payment account and Stripe

4.1. To sell paid tickets, the Organiser must open a payment account with Stripe through the Platform. By opening the account, the Organiser accepts the Stripe Connected Account Agreement, which includes the Stripe Services Agreement (together, the "Stripe Agreement"), and authorises Smappo to transmit to Stripe information relating to its business and to transactions carried out through the Platform.

4.2. Stripe verifies the Organiser's identity in accordance with applicable anti-money laundering law, retains its own fees and makes payouts to the bank account designated by the Organiser. Stripe's decisions regarding the opening, suspension or closure of the account do not depend on Smappo, which shall not be liable for them.

4.3. The country of the payment account is selected by the Organiser during set-up and cannot subsequently be changed.

Clause 5 – Fees

5.1. For each paid ticket sold, Smappo retains a fee consisting of a percentage of the price and a fixed amount, at the rate published on the Pricing page and shown to the Organiser before the event is published. Fees are retained at the time of payment as an application fee on the transaction.

5.2. For each ticket, the Organiser chooses whether the fees are borne by itself or by the purchaser. In the latter case, the fees are added to the price and the total price is shown to the purchaser before payment.

5.3. Stripe's fees are determined by Stripe under the Stripe Agreement; the amounts shown by the Platform before the sale are estimates.

5.4. Smappo's fees are not refunded in the event of a refund. Any change to the fees shall be notified to the Organiser with at least fifteen days' notice and shall apply only to payments made after its entry into force.

Clause 6 – Promotional gift codes

6.1. Smappo may, at its discretion and as part of its promotional initiatives, grant the Organiser a gift code entitling it to a waiver of Smappo's fees on the sales of a single event, up to the maximum amount stated in the communication by which the code is sent.

6.2. The gift code: (a) is personal and may be used only by the account registered following the communication by which it was sent; (b) must be used within thirty days of its issue, by entering it when creating a paid ticket; (c) applies to a single event and, once associated, applies to the sales of that event until the maximum amount is exhausted; (d) does not cover the fees of the payment service provider; (e) is not redeemable for cash, transferable or combinable with other gift codes.

6.3. Smappo reserves the right to revoke the gift code, or to recover the fees not applied, in the event of abusive or fraudulent use, including fictitious sales or sales aimed solely at exploiting the waiver.

Clause 7 – Refunds, cancellations and disputes

7.1. The Organiser decides on refunds in compliance with the law and with the conditions communicated to purchasers before payment. Refunds are debited from the balance of the Organiser's Stripe account, in which the Organiser undertakes to maintain sufficient funds.

7.2. The following rules apply: (i) if the fees were borne by the purchaser, the price of the tickets is refunded, excluding the fees; (ii) if the fees were included in the price, the refund is made net of the costs of processing the payment and the refund.

7.3. If the event is cancelled, the Organiser shall promptly notify attendees through the Platform and make the refunds due under the law or under the published conditions.

7.4. Payment disputes (chargebacks) are handled on the Organiser's Stripe account, which bears the amounts and costs. The Organiser undertakes to provide promptly the documentation needed for the defence.

Clause 8 – Ambassador programme

8.1. The Organiser may open one or more paid tickets to the ambassador programme, setting the discount granted to purchasers, the share payable to the ambassador and any sales limits.

8.2. On each ticket sold with an ambassador code, Smappo retains the ambassador's share together with its own fee and pays it to the ambassador seven days after the end of the event. The Organiser is not required to make any direct payment to ambassadors.

8.3. If the ticket is refunded or the event cancelled before payment, the share relating to that ticket is returned to the Organiser. After payment, the consequences of refunds and disputes on shares already paid are handled by Smappo.

8.4. The Organiser may suspend or terminate an ambassador's promotion of its events at any time; shares already earned remain payable to the ambassador.

Clause 9 – Attendees' personal data

9.1. The Organiser receives attendees' personal data as an independent controller and undertakes to process them in compliance with Regulation (EU) 2016/679 and applicable law, solely for the management of the event and, for promotional purposes, only in respect of attendees who have expressly consented through the Platform.

9.2. The Organiser undertakes to publish its privacy notice on its organiser page and to use any health data collected solely for the purposes for which consent was given.

9.3. Messages sent to attendees through the "Write to attendees" feature must be purely informative and practical in relation to the event, may not contain links or have promotional purposes and are subject to the quantitative limits set by the Platform.

Clause 10 – Admission tools and widget

10.1. The Organiser is responsible for safeguarding the access codes generated for door staff and is liable for their conduct. Codes may be disabled or regenerated at any time.

10.2. The widget and links provided by Smappo for selling on the Organiser's websites may be used only for events published by the Organiser itself, without altering their operation or presentation.

Clause 11 – Content and licence

11.1. The Organiser represents and warrants that it owns, or has obtained the necessary authorisations for, all rights in the texts, images, logos and other content published, and that such content is not unlawful, misleading or infringing the rights of third parties.

11.2. The Organiser grants Smappo a non-exclusive, royalty-free, worldwide licence for the duration of publication to reproduce and communicate such content to the public in order to provide and promote the service, including its display in the event search reserved to ambassadors.

Clause 12 – Ranking in search results

Pursuant to Article 5 of Regulation (EU) 2019/1150, the Organiser is informed that events open to ambassadors are presented in the results of the search reserved to ambassadors in the order chosen by the ambassador (nearest event date or highest share per ticket), with filters by city and period. Ranking is not influenced by any remuneration paid to Smappo.

Clause 13 – Suspension and termination

13.1. Smappo may suspend or remove an event, or suspend or terminate the Organiser's account, in the event of a breach of these Conditions or of the law, well-founded reports of fraud or illegal content, or at the request of the authorities or of Stripe. Before or at the time of its decision, Smappo shall provide the Organiser with a statement of reasons, save where the law provides otherwise.

13.2. In the event of permanent termination of the account, Smappo shall give at least thirty days' notice, save in cases of serious or repeated breach, legal obligations or orders of the authorities. During a suspension, tickets already issued remain valid.

13.3. The Organiser may terminate at any time by deleting its account, after cancelling any events that may still be attended.

Clause 14 – Indemnity

The Organiser shall indemnify and hold harmless Smappo, its directors, employees and contractors from and against any claim, action, loss, penalty, cost and expense, including reasonable legal fees, arising from the event, the content published, non-compliance with tax and administrative obligations or breach of these Conditions or of the law.

Clause 15 – Limitation of liability

Save in cases of wilful misconduct or gross negligence and other cases in which the law does not permit limitation, Smappo's aggregate liability to the Organiser for any cause connected with these Conditions shall be limited to the amount of fees actually received by Smappo in relation to the event concerned in the twelve months preceding the event giving rise to liability. Smappo shall in no event be liable for indirect loss, loss of profit or loss of opportunity.

Clause 16 – Amendments, complaints and governing law

16.1. Amendments to these Conditions shall be notified to the Organiser on a durable medium with at least fifteen days' notice, unless required by law. An Organiser who does not wish to accept them may terminate before they enter into force.

16.2. The Organiser may lodge complaints free of charge through the Platform's support system, under the relevant category. Smappo shall handle complaints promptly and communicate the outcome clearly.

16.3. These Conditions are governed by the law of England and Wales. Any dispute shall be subject to the exclusive jurisdiction of the courts of England and Wales, save as otherwise provided by mandatory law.