Terms of Service (Event Organizers)

Last Updated: 18 May 2021

1. Information about us and how to contact us

1.1 Who we are. We are Premier Online, operated by Premier Digital Portal ("Premier", "we","us","our"). We are registered in the United Arab Emirates with company registration No. 936931 and our registered address is Mehairi, Manama Street, Ras Al Khor Ind Estate Third, Dubai, UAE. Our TRN is: 100460513300003.

1.2 You ("Event Organizer", "you", "your"), are an organizer of events ("Event") and wish to list and promote your Event(s) and sell and/or hire related products ("Products") on our platform (as defined below).

1.3 How to contact us. To contact us, please click here.

1.4 How we may contact you. If we have to contact you we will do so by telephone or by writing to you using the contact details that you provided to us.

1.5 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

2. These terms

2.1 Who do these terms apply to? Premier and Event Organizer.

2.2 What these terms cover. These are the terms and conditions on which we supply our Services (as defined below) to Event Organizers, whether directly or through our websites, domains, applications or other services that we offer, including:

and all of the webpages, subdomains and subparts of those platforms (our "Platform").

You agree and acknowledge that you may not and must not register an Event on the Platform unless you agree to these terms and in doing so, you make a declaration of acceptance of full responsibility and liability for all aspects related to the relevant Event. This includes providing evidence that the Event carries its own insurance.

2.3 Why you should read them. Please read these terms carefully before you use our Services. You should read the complete terms as this is a legally binding contract and contains information about your legal rights. These terms tell you who we are, how we will provide Services to you and other important information.

2.4 You accept these terms. These terms govern our Services, all of which are offered subject to your acceptance of these terms, without modification. By using our Services you confirm that you accept these terms and you enter into a binding agreement with us. If you do not agree to these terms or any part of these terms, you must not use our Services. If you use the Services on behalf of an entity or other individuals, then you agree to these terms on behalf of that entity (and its affiliates) and those individuals, and you represent that you have the authority to do so.

2.5 We may amend these terms from time to time. Every time you wish to use our Services, please check these terms to ensure you understand the terms that apply at that time. In certain circumstances we may contact you to inform you that these terms have been amended. If you do not agree to these amendments you must stop using the Services.

3. other terms

3.1 Our other terms apply to you. These terms refer to the following additional terms, which also apply to your use of our Services and which are incorporated by reference into these terms:

3.1.1 Our website Terms of Use, which sets out the terms on which you may use the Platform.

3.1.2 Our Terms of Service for Participants (as defined in Section 4.1.2).

3.1.3 Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you or from Participants. By using our Platform, you consent to such processing and you warrant that all data provided by you is accurate.

3.1.4 Our Cookie Policy, which sets out information about the cookies on our Platform and is incorporated into our Privacy Policy.

4. Our Services

4.1 Through our Platform we may provide some or all of the following services to you, as elected by you ("Services"):

4.1.1 Our Platform allows you to list and promote your Event(s) and to sell your Products on our Platform;

4.1.2 Our Platform allows an individual, company or other entity (such as a club or group) that wants to take part in your Event(s) to register for your Event(s) and to buy your Product(s) (in each case, a "Participant");

4.1.3 We may act as your payment processing agent with respect to an Event;

4.1.4 We may display Participant timing results for your Events on our Platform;

4.1.5 We share Event photographs and video footage with Participants on behalf of the Event Organizer; and

4.1.6 Other related services that we agree to provide to you by agreement in writing.

4.2 We agree to provide the Services on the terms set out in these terms. We will use reasonable skill and care in the provision of the Services.

4.3 You shall:

4.3.1 co-operate with us in all matters relating to the Services; and

4.3.2 provide to us in a timely manner all documents, information, items and materials in any form reasonably required by us in connection with the Services and ensure that they are accurate and complete.

4.4 We may update and change our Services from time to time.

5. RESPONSIBILITY AND LIability FOR EVENTS AND PRODUCTS

5.1 We do not have any responsibility or liability for the Events or the Products.

5.1.1 You agree and acknowledge that you are the organizer of the relevant Event and the seller of a relevant Product ("Event Organizer Services"). You have full responsibility and liability for the organization, hosting and cancellation/postponement of such an Event and the sale of related Products.

5.1.2 You shall ensure that your Event and all Products provided through the Platform meet all applicable laws, rules, regulations and standards reasonably expected for an event of its kind.

5.1.3 Except where required for legal, regulatory or safety reasons, you must ensure that an Event or a Product will be exactly as described by you on the Platform. Where changes are required, you must directly notify Participants as soon as possible and update the relevant Event registration page on the Platform.

5.1.4 The services we provide to a Participant do not include organising the Event or supplying the Product (though on occasions we may provide a fulfilment service on your behalf).

5.2 You will enter into a direct contract with the Participant. By registering for an Event or buying a Product on our Platform, the Participant enters into a direct contract with you as Event Organizer ("Participant Agreement"). You will provide the terms and conditions of the Participation Agreement to each Participant during the registration process. You may amend the terms and conditions of the Participant Agreement but the agreement must be approved by us before taking effect. You agree to abide by the terms of the Participant Agreement. In case of any conflict between the Participation Agreement and these terms, these terms shall prevail. In particular, please note the applicable Event cancellation and refund terms in Section 8.

5.3 You will take out appropriate insurances. You will take out comprehensive insurance policies for each Event, and provide copies of such insurance to us on written request, including without limitation:

5.3.1 Adequate public liability insurance for personal injury or death of any participants, performers or spectators and/or damage to property arising in any way out of the Event. (Alternatively you will ensure that the venue of your Event has adequate insurance, which expressly covers your Event.)

5.3.2 Event cancellation insurance.

5.3.3 Comprehensive insurance to cover the sale of your Products.

6. PERSONAL INFORMATION

6.1 We will own all data (including all personal data) which we gather in the course of performing the Services. To the extent that we have obtained the appropriate legal consent on your behalf from a relevant individual, we will provide you with such data (including personal data) belonging to Participants, which we process in the course of providing the Services and that is necessary for the purpose of organising and running the relevant Event. You agree to only use such data for the purpose for which we have obtained consent on your behalf. If you have any doubt please contact us. Types of personal data that we collect are set out in our Privacy Policy.

6.2 Your use of personal data provided by us must comply with all applicable laws and regulations. You must implement and maintain appropriate technical and organizational measures to protect the personal data against unauthorized or unlawful processing and against accidental loss, destruction, damage, theft, alteration or disclosure.

6.3 You may not transfer the personal data provided by us to any third party (including any affiliates, group companies or sub-contractors) without our prior written consent or the consent of the owner of the data.

7. FEES and payment

7.1 Price of Event or Product: You will set the base price for an Event entry place and for a Product on the Platform, net of VAT. You warrant and represent to us that the total price of the Event (ie the base price + the Premier Service Fee, if applicable) will not be any higher than the total price of the Event place or Product offered for sale on another platform or site.

7.2 What we charge the Organizer. Event Organizers using Premier Online Exclusively will be charged our standard Premier Service Fee 1USD$ (or equivalent) for each successful registration at the time of your event closing. Non-Exclusive (if you list your event registration elsewhere as well) charge is 2USD$ (or equivalent) for each successful registration at the time of your event closing.

7.3 What we charge the Participant. We will process payment from the Participant on your behalf, using third party payment processors. We will either charge the Participant or you a fee for the provision of our Services ("Premier Service Fee"). The price of the Event place or Product listed on our Platform will be your base fee and, where charged to the Participant, the Premier Service Fee. Where charged to the Participant, the Premier Service Fee will be clearly shown on the Platform. Premier also offers a 'Protect Your Fee' option and, where chosen by a Participant, we will identify and charge this fee directly to the Participant.

7.4 Where chargeable, VAT is included. If applicable to the Event registration or Product fees, we will apply Value Added Tax ("VAT") at the applicable rate to the fees paid by the Participant. If you are VAT registered in the UAE you must provide us with your TRN, and the collected VAT will be settled to you with the Event revenue. If you are not VAT registered, we will pay the collected VAT directly to the Federal Tax Authority.

7.5 When we pay you. Once an Event has taken place, we will use all reasonable endeavours to provide you with a settlement statement within five (5) working days of the closure of your Event registration and / or Product store, whichever is later. Subject to you providing us with a valid invoice reflecting the settlement statement, we will transfer settlement funds (having deducted Premier Service Fees, any other agreed fees and any sums that you owe to us) to your nominated bank account within five (5) working days of your invoice. If an Event is postponed or cancelled, we will retain funds until such time as those Participants have had their fees either refunded or their registrations transferred, as requested, and in accordance with these terms. All settlement transfers are made with bank charges payable by you. Accuracy of bank details is your responsibility and any delay or costs incurred as a result of inaccurate bank details shall be borne by the Event Organizer.

8. POSTPONING AND CANCELLING AN EVENT AND REFUNDS

8.1 If you decide to postpone or cancel an Event for any reason (including without limit for an event or sequence of events beyond your reasonable control, or adverse weather/environmental conditions, or instructions from a relevant authority), you shall immediately (and in any event within 12 hours) notify us through the dedicated Event Organizer email, confirming: the Event ID and name; whether the Event is being postponed (new date must be provided if known or date to be confirmed) or cancelled; and (optional) the official notification text to be provided to the Participants. Premier will convey this information, with the official notification (if applicable), and the relevant refund or transfer options set-out in Section 8.2 in a message to Participants ("Cancellation Notice").

8.2 Regardless of any term to the contrary in the Participant Agreement, on the Event registration page or provided to a Participant by you, if the Event is postponed or cancelled, the following terms apply in relation to a Participant’s registration and related Product purchase:

8.2.1 You may contact Participants directly about the postponement/ cancellation but you shall not provide information that conflicts with the Cancellation Notice or this Section 8.

8.2.2 Where the Event is postponed and the Cancellation Notice contains a date for the rescheduled event, the Participant will have the option to:

(a) transfer its registration to the rescheduled event at no cost, in which case Participant does not need to take any action; or

(b) cancel the registration (and related purchases) and receive a refund, subject to giving Premier notice through the Platform by the date published on the Event registration page.

8.2.3 Where the Event is postponed and the Cancellation Notice does not contain a date for the rescheduled event, you must provide Premier with the rescheduled date no later than three working days before the date of the postponed Event, and Premier will publish the new date. The Participant will then have the options available to it that are set-out in Section 8.2.2 (a) and (b).

8.2.4 Where an Event that is free to enter for all Participants is cancelled, a Participant’s registration will be cancelled, and no refund given for the registration and associated purchases.

8.2.5 Where a chargeable Event is cancelled, Premier will cancel the registration (and related purchases) and refund the Participant.

8.3 A Participant may cancel or change a registration for an Event and/or a relevant Product purchase up to the date published on the Event registration page. You may delay but you shall not bring forward such published dates.

8.4 All refunds are subject to Premier’s ‘Refund Processing Fee’ of AED 30 (or equivalent), unless the registration/purchase is protected by a pre-purchased ‘Protect Your Fee’ option, which guarantees a full refund of the registration / purchase fee (inc VAT where applicable) (excluding service fees). Refunds are made by Premier to the original payment card. The refund process should take 2-3 days (excluding weekends/ holidays) but is subject to the terms and processes of the relevant card issuer. A refund may only be processed where there is sufficient value (subject to any applicable refund fees) available to refund. Any partial or full value of an Event registration or Product paid for with a discount code will not be refunded. You acknowledge that Premier may offer Participants the 'Protect Your Fee' option referred to in this Section with the Event registration or Product purchase, which is a non-refundable fee retained by Premier.

8.5 Notwithstanding any other provision of these terms, Premier reserves the right to take any action that it deems necessary, acting in its sole discretion, in relation to Event registrations and Product purchases (“Special Measures”). Special Measures may include (without limitation) cancelling/refunding an Event registration or Product purchase at any time (including after the relevant date published on the Event registration page has passed):

8.5.1 in response to specific complaints from or to compensate a Participant (for e.g. with a discount on a queried registration/ purchase);

8.5.2 where a registration/ purchase has been made in breach of Premier’s terms or the applicable terms of the Event or Event Organiser, including without (limitation) a breach of an Event’s age restrictions, and which is therefore invalid; or

8.5.3 where a registration is a duplicate of an existing registration or purchase.

We will inform you of any such Special Measures taken that relate to your Event or Products. Special Measures refunds will be made in accordance with Section 8.4.


9. intellectual property rights

9.1 In this Section 9:

9.1.1 "IP Rights" shall mean all patents, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world; and

9.1.2 "Content" means all content including text, information, data, software, executable code, images, audio, or video material in any medium or form.

9.2 You grant us a transferable, exclusive, royalty free and worldwide license to use the IP Rights related to your Event and in any Content provided to us (together "Event Organizer IP"), for the purposes of us providing the Services.

9.3 The IP Rights in trade marks and other Content displayed on the Platform and used in connection with the Services may be owned by third parties (the "Third Party IP")

9.4 Except for Event Organizer IP and Third Party IP, all IP Rights in the Platform and the trade marks, logos and other Content used and displayed on the Platform in connection with the Services are owned by Premier ("Premier IP"). All goodwill generated from the use of Premier IP shall inure to Premier’s benefit. Premier hereby grants you a limited, non-transferable, royalty free worldwide license to use the Premier IP strictly for the purposes of making use of the Services.

10. TERM AND TERMINATION.

10.1 Term. These terms are effective upon your acceptance of them and continue in effect until terminated.

10.2 Termination by Premier. We may terminate these terms and your right to use the Services at any time if: (a) you breach these terms or any terms incorporated into these terms; (b) you misuse the services or do not provide us with information that we require to provide the Services; (c) the provision of the Services to you would breach any applicable law or regulation or expose us to any form of legal liability. We will try where possible to give you notice of such termination. You agree that Premier shall not be liable to you or any third party for termination under this Section.

10.3 Termination by you. You may terminate your use of the Services and these terms by deleting your account.

10.4 Survival of terms. Those terms that by their nature should survive termination (including, without limitation, all limitations on liability, indemnities, governing law, and dispute resolution) shall continue in effect.

11. representations, WARRANTies AND INDEMNITY

11.1 Your warranties. You warrant and represent to us that:

11.1.1 you own or control each of your Events and the Event Organizer IP and Premier's use of the Event IP (including trade marks and logos of the Event) will not infringe the rights (including the IP Rights) of any third party;

11.1.2 the Event or the Content will not in any way damage or bring into disrepute the good name, image, reputation and goodwill of Premier or the United Arab Emirates or in any way cause association with any material or content that is politically sensitive or inconsistent with the laws and public policies of the United Arab Emirates;

11.1.3 you have entered into a bona fide written agreement for the use of the applicable venue for your Event with the venue proprietor and made all administrative and financial arrangements necessary for the smooth running of the Event, including the hiring of the venue and any prior arrangements required by the proprietor, the local authority, the local community and the police;

11.1.4 you will be solely responsible for the organization, running and administration of each of your Events and management of all participants and shall ensure that each of your Events are organized and conducted with the skill, care, diligence and timeliness and in a professional manner expected of a leading provider of events and at all times in compliance with all applicable laws and relevant regulations;

11.1.5 you will be responsible for the payment and allocation of any prize monies to those participating in each of your Events;

11.1.6 you will pay all costs associated with the staging of your Events including all venue hire, health and safety and officials/stewarding costs;

11.1.7 you will permit Premier staff and/or its contractors the physical access, facilities, space and access to power and telecommunications equipment reasonably required by Premier to provide the Services, if applicable;

11.1.8 you have the right and authority to sell entry to the Event and to supply the Product listed by you on our Platform;

11.1.9 your Event (and all employees, contractors, agents, facilities and equipment used for the Event) will comply with all applicable laws and regulations; and

11.1.10 the Products listed on our Platform shall be of satisfactory quality and fit for any purpose made known to the purchaser.

11.2 We exclude certain warranties.

11.2.1 To the extent permitted by applicable laws, we provide the Services on an "as is" and "as available" basis. Premier expressly disclaims all warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, title, non-infringement and fitness for a particular purpose. By way of example, Premier makes no warranty that: (a) the Services (or any part of the Services) will meet your requirements or expectations; (b) the Services will be uninterrupted, timely, secure, or error-free; or (c) the results that may be obtained from the use of the Services will be accurate or reliable.

11.2.2 Nothing in these terms is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited.

11.3 You shall indemnify defend and hold harmless us, our affiliates, officers, employees and other partners from and against any and all claims, suits, proceedings, liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses) and all other professional costs and expenses) suffered or incurred, directly or indirectly by us (a "Claim") in consequence of or arising in any way in connection with:

11.3.1 your breach or negligent performance or non-performance of these terms and any terms incorporated by reference;

11.3.2 your misuse of the Services;

11.3.3 your Event(s), the event information or third parties or subcontractors used in connection with your Events;

11.3.4 the supply of your Products;

11.3.5 your actual or alleged infringement of a third party's intellectual property rights;

11.3.6 our use of the Event Organizer IP and Content provided by you in accordance with these terms, including actual or alleged infringement of a third party's IP Rights;

11.3.7 your misuse of any data (including personal data) in breach of these terms or applicable laws; and

11.3.8 any breach of applicable law by you.

12. Our responsibility for loss or damage suffered by you

12.1 We are not responsible for your relationship or disputes with Participants. Our Platform allows you to transact with Participants. The Platform is an online marketplace that enables Participants and Event Organizers who offer services to publish Events and/or the sale of Products on the Platform and to communicate and transact directly with Participants that are seeking to book such Events or purchase Products. We could not operate if we were held responsible for the actions or inactions of Participants. You acknowledge that Premier has no control over and does not guarantee the behaviour of, actions of or accuracy of information provided by Participants. We do not guarantee that you will sell a certain number of Event places or Products on the Platform to Participants. Premier hereby disclaims all liability from, and you agree to release Premier, and its affiliates and subsidiaries, and each of its and their respective officers, directors, agents, partners and employees from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of or in any way connected with disputes between you and Participants in connection with the Events, Products or our Services.

12.2 As the provider of the Platform, Premier does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Events or Products, nor is Premier an organizer of Events. Event Organizers alone are responsible and liable for their Products and Events. When Participants and make or accept a booking, they are entering into a contract directly with Event Organizer. Premier is not and does not become a party any contractual relationship between Participant and Event Organizer, nor is Premier an insurer. Premier is not acting as an agent in any capacity for any Participant, except as specified in any payment terms.

12.3 If you choose to use the Platform as an Event Organizer, your relationship with Premier is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Premier for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Premier. Premier does not, and shall not be deemed to, direct or control you generally or in your performance under these terms specifically, including in connection with your provision of the Event Organizer Services. You acknowledge and agree that you have complete discretion whether to list your Events and Products or otherwise engage in other activities on the Platform.

12.4 We are responsible to you for foreseeable loss and damage caused by us . If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.

12.5 We do not exclude or limit in any way our liability to you where it would be unlawful to do so . This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

12.6 Our liability is limited.In any event and notwithstanding any other term to the contrary contained herein, our total aggregate liability to you is limited to the value of all fees paid by you to Premier for the Services in the previous six (6) months.

13. Other important terms

13.1 Notices. Notices to you may be sent via either email or regular mail to the address in our records. We may also provide notices of changes to these terms or other matters by displaying notices or links to notices to you generally on the Services. If you wish to contact Premier or deliver any notice, you can do so as follows: please click here.

13.2 We may transfer this contract to someone else. We may transfer, assign and/or sub-license our rights and obligations under these terms to another organization. We will endeavour to tell you in writing if this happens.

13.3 You need our consent to transfer your rights to someone else . You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

13.4 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. The Contracts (Rights of Third Parties) Act 1999 shall not apply.

13.5 If a court finds part of this contract illegal, the rest will continue in force . Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

13.6 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

13.7 Which laws apply to this contract and where you may bring legal proceedings . These terms, their subject matter and their formation (and any related non-contractual disputes or claims), are governed by English law. You and we both agree that the courts of the Dubai International Financial Centre will have exclusive jurisdiction over any disputes.

Premier Digital Portal | Mehairi, Manama Street, Ras Al Khor Ind Estate Third, Dubai, UAE | Reg. No. 936931 | VAT: 100460513300003