Terms & Conditions
Updated: 8th November, 2022
General Terms
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We, our, us, POTs, the company (no case sensitive): refer to Points of Tango team.
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Website refers to www.pointsoftango.com
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Application refers to the mobile app downloaded in your device either Android or iOS.
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Service refers to the Website or the Application or both.
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You refers to the user of the service reading this T&C
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
TABLE OF CONTENTS
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- Sign up - Free subscriptions
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Events: Free Full Event Details and Programme
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Stores: Free Full Catalogues
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Spe extended features: Free Trial & Fee Charges
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Cancellation & Refunds
1. Subscriptions
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Accounts: Sign up - Free subscription
The platform is Free use. Meaning any new account created will not be charged for the use of neither the mobile application or web application. There is no concept of subscriptions of any kind, the new account will have access to all parts of the system. Shop owners or event organisers might decide however not to show some particular content to all users.
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Events: Free Full Event Details and Programme
Every organiser, after signing up on the platform, will be able to list any type of event on their local community and also have the possibility to request for events to be uploaded on the International section, if those agrees the criteria. Each event would be able to host details, pictures, addresses, full programme (including DJs, Performers, Instructors).
There are features available for events which might require a paid subscription, such us: Bookings, Show Room, Marketing Campaigns, Featured event or Technical support.
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Stores: Free Full Catalogues
Every Store owner, after signing up on the platform, will be able to list the full catalogue of the store, all products with detailed variants for free. All products will have a world wide exposition.
There are features available for stores which might require a paid subscription, such us: Purchases, Show Room, Marketing Campaigns, Featured store or Technical support.
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Specific extended features: Free Trial & Fee Charges
The Company may, at its sole discretion, offer a Subscription with a Free trial for a limited period of time for any of the paid features listed above.
Free trials and Fee Charges depend on a B2B (business to business) agreement between the Company and the event organiser or shop owner. Organisers / Show owner will be notified once the free trial is about to complete. If the organiser / shop owner decided to continue with the same, add or remove features from the free trial, the Company will start a paid subscription for an agreed period. Once this period is complete, there will be the option to re new it.
At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free trial offer.
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
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Cancellations & Refunds
You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.
Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
If the Subscription has been made through an In-app Purchase, all billing is handled by the Application Store and is governed by the Application Store’s own terms and conditions.
Except when required by law, paid Subscription fees are non-refundable.
Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
If the Subscription has been made through an In-app purchase, the Application Store’s refund policy will apply. If You wish to request a refund, You may do so by contacting the Application Store directly.
2. In app Purchases
The Application may include In-app Purchases that allow you to buy products, services or Subscriptions.
More information about how you may be able to manage In-app Purchases using your Device may be set out in the Application Store’s own terms and conditions or in your Device’s Help settings.
In-app Purchases can only be consumed within the Application. If you make a In-app Purchase, that In-app Purchase cannot be cancelled after you have initiated its download. In-app Purchases cannot be redeemed for cash or other consideration or otherwise transferred.
If any In-app Purchase is not successfully downloaded or does not work once it has been successfully downloaded, we will, after becoming aware of the fault or being notified to the fault by You, investigate the reason for the fault. We will act reasonably in deciding whether to provide You with a replacement In-app Purchase or issue You with a patch to repair the fault. In no event We will charge You to replace or repair the In-app Purchase. In the unlikely event that we are unable to replace or repair the relevant In-app Purchase or are unable to do so within a reasonable period of time and without significant inconvenience to You, We will authorize the Application Store to refund You an amount up to the cost of the relevant In-app Purchase. Alternatively, if You wish to request a refund, You may do so by contacting the Application Store directly.
You acknowledge and agree that all billing and transaction processes are handled by the Application Store from where you downloaded the Application and are governed by that Application Store’s own terms and conditions.
If you have any payment related issues with In-app Purchases, then you need to contact the Application Store directly.
3. Promotions
You acknowledge and agree that all billing and transaction processes are handled by the Application Store from where you downloaded the Application and are governed by that Application Store’s own terms and conditions.
If you have any payment related issues with In-app Purchases, then you need to contact the Application Store directly.
4. Content
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Your right to post, comment, upload information and pictures
Our Service allows You to post Content in different ways:-
As regular user you are able upload information visible by other users: by completing your profile information, uploading a profile picture or posting a comment on chat room for a particular event. You are responsible for the Content that You upload onto the Service, including its legality, reliability, and appropriateness.
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As an event organizer you are able to upload public information and pictures about events you organize; also post comments on your own event's chat rooms.
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As a store owner you are able to upload public information and pictures about stores you own.
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By uploading Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms. You represent and warrant that:
(i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and
(ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
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Content Restrictions
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable.
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content.
As the Company can not control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
The Company is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.
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Content Backups
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Backups of the Content are performed on a regular basis every day (24 hours), however the Company do not guarantee there will be no loss or corruption of data. Corrupted data might not be fault of the Company but the way the user operates with the Services.
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Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
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The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
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You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
5. Copyright Policy
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person. If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at legal@pointsoftango.com and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
6. Intellectual Property
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
7. External Links
As mentioned in the Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit. See Disclaimer-External Links
8. Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
9. Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or up to 1000 GBP if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
10. “AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied:
(i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon;
(ii) that the Service will be uninterrupted or error-free;
(iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or
(iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
11. Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
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Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
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For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
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United States Federal Government End Use Provisions
If You are a U.S. federal government end user, our Service is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101.
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United States Legal Compliance
You represent and warrant that
(i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and
(ii) You are not listed on any United States government list of prohibited or restricted parties.
12. Severability and Waiver
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Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
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Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
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Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
13. Changes to These Terms & Conditions
We may occasionally update our Terms & Conditions. At our sole discretion, we reserve the right to modify or replace partially or totally this section. When we do, we will revise the "updated" date at the top of the page. If there are material changes to this terms, we will use reasonable efforts to notify you either by email or next time you use our Services, with a prominently notice period of such changes before they take effect or by directly sending you a notification as required under local laws. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
14. Contact Us
If you have a complaint or question about these terms and conditions, please contact us. We will respond to your request within a reasonable timeframe.