Ambassador terms of service

INFORMATION ABOUT US

EASTWAV, which is the trading name of ---------------Limited (we, us, our, EASTWAV) owns the "EASTWAV"" promotion network (EASTWAV) which is operated through this site and its related mobile app (the Site). EASTWAV allows individuals to sign-up to be ambassadors (Ambassadors, you, your) on its Site where they can promote and market the sale of tickets, vouchers and other related services (Tickets) to events organized by participating event organizers (Brands) selected by potential customers via the Site (Events) and related merchandise (Merchandise) by participating in campaigns organized by Brands in exchange for rewards (each a Campaign). Tickets and Merchandise are available to purchase via the Site in accordance with our Terms of Use.

TERMS OF SERVICE

 

These terms and conditions, together with the documents referred to, including the EASTWAV Privacy Policy, governs the Ambassadors' use of the Site and their offline activity in connection with Campaigns. Please read these Terms of Service carefully before you start to use EASTWAV. By using EASTWAV, you indicate that you accept these Terms of Service and that you agree to abide by them.

We reserve the right to change these Terms of Service from time to time, and when such changes are made you will be asked to opt in again on returning to the platform.

If you do not wish to be bound by these Terms of Service (or any revised terms and conditions) you should notify us immediately, cease accessing the Site and cease all activity in relation to EASTWAV.

We are only responsible for sharing information about Campaigns between Brands and Ambassadors. We are not responsible for running Events or Campaigns, or for any terms relating to the same.

  1. BECOMING AN AMBASSADOR AND ACCOUNT TERMS​​

    1. There is no fee payable to be an Ambassador and no obligation on Ambassadors to participate in any Campaign. Further, we are under no obligation to provide you with any Campaigns nor to continue operating the Site or EASTWAV.

    2. To be an Ambassador you must do so in your personal and individual capacity only and you cannot register as an Ambassador if in doing so you are acting as a representative for any other person with regard to your activities in connection with EASTWAV, any Brand or any Campaign.

    3. THE SITE, AND THE ABILITY TO BECOME AN AMBASSADOR, IS NOT FOR PERSONS UNDER THE AGE OF 13 OR ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITE BY EASTWAV. IF YOU ARE UNDER 13 YEARS OF AGE, YOU MUST NOT USE OR ACCESS THE SITE AT ANY TIME OR IN ANY MANNER. By accepting these Terms of Service you confirm that you are 13 years of age or more.

    4. If you are aged 13 to 15 (inclusive), you confirm that your parent or legal guardian has read and consented to these Terms of Service and EASTWAV's Privacy Policy on your behalf.

    5. Some Campaigns will have specific requirements (such as only being available to Ambassadors over 21 years old only) and you may only participate in these such Campaigns if you meet the specific requirements.

    6. Ambassadors agree to keep their username and password private and not to share their account details with any other person. Ambassadors are responsible for all activities that occur under their account (including any unauthorised access or use). You agree to disclose true and complete information during the registration process, and to update your information promptly in the Event that it changes. You may not create a false identity or impersonate another person or entity in any way on the Site. We reserve the right to refuse anyone an account or terminate anyone's account at any time at our sole discretion.

    7. Ambassadors agree to immediately notify us if there is or if they suspect there is any unauthorized use of their account.

    8. We will not be responsible or liable for any loss or damage arising from your failure to comply with the requirements of this paragraph 1.

  2. Ambassadors can register an account in respect of each Brand (but no more than one account per Brand) or can have a single account for all Brands.

  3. You can only become an Ambassador for the purposes of these Terms of Service following the online / mobile / social media sign-up process and once we have confirmed your email / mobile phone number / social media account. Where you have signed up with an email / mobile phone number we will provide you with your own unique username and password for your account on the Site. Where you have signed up via your social media account you will be able to access our Site using your social media login details. We reserve the right to reject any application to be an Ambassador in our sole discretion.

  4. MOBILE TERMS OF USE
    When accessing the Service via mobile, standard network charges apply. You may incur additional charges from your network operator according to your contract.

  5. CAMPAIGNS AND REWARDS

    1. Once you have signed-up as an Ambassador we may suggest Campaigns which we think you may be interested in based on the profile information you provide to us and previous Campaigns with which you have assisted. You will be under no obligation to participate in any of these campaigns. You will also be able to browse the available Campaigns on the Site, and you can contact us if you wish to participate in any Campaigns that you are not already involved in. You may register one account for each Brand or use a central account for all Campaigns in which you are involved. By signing up as an ambassador you opt in and consent to receiving such notifications from EASTWAV. You may opt out of receiving these notifications at any time by updating your preferences in your ambassador account.

    2. Your participation in a Campaign will consist of promoting the sale of Tickets and Merchandise by providing Links to potential purchasers that will enable purchase of the Tickets and Merchandise via the Site in accordance with our Terms of Use. You must submit a request for Ticket or Merchandise sales to us via the Site prior to offering the Tickets or Merchandise for sale to the public.

    3. When you sign up to a Campaign, you will be provided a description table setting out targets for the Campaign against which you will earn certain reward points, Tickets, discounts, or other perks (Rewards). Each Campaign will have a unique set of Rewards. Wherever possible, details of applicable Rewards will be made available before you begin each Campaign. Brands may vary Rewards from time-to-time. These updates will be posted on the Site so please ensure that you regularly check the Rewards for any Campaign which you are participating in.

    4. Additional Rewards can be earned for various activities in relation to EASTWAV, the Site and the Brands as determined by us and/or the Brands (in our sole discretion) from time-to-time. Where possible these additional Rewards will be posted on the Site.

    5. Rewards must be claimed via a process which will be posted on the Site. All Rewards must be claimed prior to the closure of the "reward shop", the date of which will be posted on the Site. You will be notified in advance of the closure of the "reward shop" via email, but please also check the Site as the closure date may vary.

    6. Once an Event is sold out in respect of a Campaign, you will be notified and will no longer be able to sell any further Tickets and Merchandise related to that Campaign.

    7. EASTWAV is primarily aimed at users who are over the age of 18. If you choose to market a Campaign at members of the public who are under 18, we take no responsibility or liability for the inability by the purchasers of age-restricted Tickets and Merchandise to fulfil their purchases, and no responsibility or liability to you for failure to receive your Reward(s) in respect of such sales.

    8. If you participate in a particular Campaign and achieve any targets set out in the Campaign description table at the outset, but do not receive your Reward(s), you should contact us at support@EASTWAV.co. For the avoidance of doubt, you accept that we (acting reasonably and in good faith) will have the final say in any dispute as to whether or not you have successfully achieved these targets and the Reward(s) you are entitled to as a result.

    9. You acknowledge that we may from time to time discontinue or cancel Campaigns or your participation in them, and we accept no liability for any loss or damage suffered by you as a result of any such discontinuation or cancellation. Where a Campaign is discontinued or cancelled after an Ambassador has begun promotional activity, we shall use reasonable efforts to notify such Ambassadors of any such discontinuation or cancellation, and any Rewards that have been earned by any Ambassador pursuant to such Campaign (subject to Section 3.6) shall be fulfilled provided that you can demonstrate to our reasonable satisfaction that the relevant Campaign‘s targets had been achieved prior to us notifying you of the discontinuation or cancellation.

    10. Where the applicable Reward is no longer available, we may in our sole discretion offer an alternative Reward in its place.

    11. We may make available certain functionality on the Site (including, for example, alerts to inform you when a Campaign is due to expire), but such functionality shall be made available "as is" and we make no representation or warranty as to the application, accuracy or availability of such functionality. You are advised to keep track of key dates separately on your own.

    12. We may provide you with marketing and promotional materials and/or marketing and promotional guidelines in connection with any particular Campaign, however we are under no obligation to do so, and participating in a Campaign does not guarantee that any materials or guidelines will be provided. You are under no obligation to use any materials and/or guidelines provided by us while taking part in any Campaign.

    13. We are under no obligation to provide you with any Campaigns and signing up to these Terms of Service does not guarantee an Ambassador any Campaigns.

    14. Your receipt of any Rewards is subject to and conditional upon your compliance with these Terms of Service. Any breach of these Terms of Service may result in us (at our sole discretion) withholding Rewards from you.

  6. AMBASSADOR’S CONDUCT

    1. You represent and warrant that you will not:

      1. advertise Tickets and Merchandise pursuant to a Campaign on any third party websites (including, for the avoidance of doubt, Craigslist, Gumtree, eBay/StubHub);

      2. do anything which could damage the brand, reputation or goodwill of us or of any of our Brands;

      3. restrict, inhibit or prevent any other person from using or enjoying access to EASTWAV or the Site;

      4. act in any way that would damage, disable, overburden, or impair the Site or act in a way that would encourage conduct that constituting a criminal offence or give rise to civil liability;

      5. upload any information, materials or other data that may contain a virus or other harmful component, or false or misleading indications of origin or statements of fact or any material that is obscene, indecent, defamatory or in breach of any third party's rights or otherwise unlawful;

      6. impersonate any person, allow any person to impersonate you, or misrepresent your affiliation with any person or entity;

      7. engage in spamming, flooding, harvesting of email addresses or other personal information, spidering, screen scraping, database scraping, or any other activity with the purpose of obtaining lists of users or other information;

      8. use EASTWAV or the Site (or any other information obtained from us or via the Site) to operate a service bureau or other revenue-generating service business;

      9. attempt to gain unauthorized access to other computer systems through the Site or obtain (or attempt to obtain) any materials or information through any means not intentionally made available or provided for on the Site;

      10. reverse engineer or decompile, disassemble or otherwise reduce any machine-readable part of the Site or any of its component parts to human-readable form;

      11. create or attempt to create, by reverse engineering or otherwise, the source code or internal structure of the Site or any of its component parts;

      12. remove any product identification, legend or notices of any proprietary or copyright restrictions from any part of the Site; and

      13. list or otherwise display or copy any object code underlying the Site or any of its component parts.

    2. If you breach or fail to comply (or we suspect that you have breached or failed to comply) with any of the representations and warranties set out in Section 4.1 above, we shall (in our sole discretion) be entitled to suspend and/or terminate your access to the Site and your role as an Ambassador.

  7. RIGHTS AND OWNERSHIP

    1. You acknowledge and agree that as between you and us, we (or our licensors) own any and all rights (including intellectual property rights) in or relating to the Brands, EASTWAV, the Site (including its look and feel, design and architecture and all related software, codes and algorithms), any marketing and promotional materials provided in connection with any Campaign (the EASTWAV Materials).

    2. Subject to your complete and ongoing compliance with these Terms, EASTWAV hereby grants you a revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free and worldwide right and license to access and use the EASTWAV Materials in compliance with the provisions of these Terms of Service.

    3. EASTWAV trademarks, service marks and logos (the EASTWAV Trademarks) used and displayed on the Site are EASTWAV’s registered and unregistered trademarks or service marks. Other product and service names located on the Site may be trademarks or service marks owned by third parties (the Third-Party Trademarks, and, collectively with EASTWAV Trademarks, the Trademarks). Except as otherwise permitted by law, you may not use the Trademarks to disparage EASTWAV or the applicable third-party, EASTWAV’s or a third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. You may not use any Trademarks as part of a link to or from any Site without EASTWAV’s prior express written consent. All goodwill generated from the use of any EASTWAV Trademark will inure solely to EASTWAV’s benefit. You may not use any EASTWAV Trademarks or EASTWAV Materials obtained from the Site except as expressly permitted in these Terms of Service. 1, EASTWAV hereby reserves all rights not expressly granted to you in this Section 5. Accordingly, nothing in these Terms of Service or on the Site will be construed as granting to you, by implication, estoppel or otherwise, any additional license rights in and to the Site or any EASTWAV Materials or Trademarks located or displayed therein. If you use any part of the Site in breach of these Terms of Service, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

    4. While we are continually working to develop and evaluate our own product ideas and features, we know we don’t have all the answers. We therefore welcome your feedback, comments and suggestions. If you choose to contribute by sending EASTWAV or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games or other types of content), promotions, strategies or product/feature names or any related documentation, artwork, computer code, diagrams or other materials (collectively Feedback), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to EASTWAV, you agree to the following:

      1. EASTWAV has no obligation to review, consider or implement your Feedback, or to return to you all or part of any Feedback for any reason;

      2. Feedback is provided on a non-confidential basis, and EASTWAV is not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and

      3. You irrevocably grant EASTWAV perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.

  8. PRIVACY POLICY
    By signing up as an Ambassador you agree to us using your personal information in accordance with our Privacy Policy. When you provide us with your mobile telephone number you will be asked to tick a box indicating that you opt in and consent to receiving text messages from us relating to your account and position as an Ambassador. You may opt out by not ticking said box, or at a later time by updating your preferences in your ambassador account.

  9. TERMINATION AND SUSPENSION

    1. Without prejudice to any other provisions in these Terms of Service we shall be entitled to terminate your password, account or use of EASTWAV or the Site (or any part of it), and remove and discard any content on the Site, for any reason, including if we believe that you have violated or acted inconsistently with these (or the spirit of these) Terms of Service. We may also at any time suspend or discontinue the provision of EASTWAV or the Site, or any part of it, with or without notice. You agree that any termination of your access to EASTWAV and the Site under any provision of these Terms of Service may be effected without prior notice, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or any of the facilities provided on or via EASTWAV or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to EASTWAV and the Site.

    2. Termination or suspension pursuant to paragraphs 1.3, 2.10, 3.2 and/or 7.1 or shall not affect any other rights, remedies or other forms of relief to which we may be entitled, at law or in equity.

    3. Sections 5.1, 5.3, 5.4, 5.5, 7.3, 8 and 9.9 will survive the termination of these Terms of Service.

  10. LIMITATION OF LIABILITY / DISCLAIMERS; INDEMNITY

    1. To the fullest extent permitted by law, in no event will we and our group companies and the officers, directors, employees, shareholders or agents (the EASTWAV Parties) be liable for any indirect, incidental, special or consequential losses or for exemplary damages or for any direct or indirect loss of profits, goodwill, use, data or other such losses, including without limitation any such loss or damages arising out of or in any way connected with: (1) the use of EASTWAV and/or the Site or any delay or inability to use EASTWAV and/or the Site, or (2) any information, materials, data or services provided or obtained from us and/or via the Site (including in respect of their accuracy, suitability, completeness or legality), or (3) our discontinuation of any Campaign, EASTWAV and/or the Site (or any part of it), whether based on contract, tort, strict liability or otherwise, and even if we have been advised of the possibility of such losses or damages.

    2. To the fullest extent permitted by law, and in any event, our liability to you in relation to any matter arising under or in relation to these Terms of Service shall be limited to the lesser of the monetary equivalent of the value of any reward(s) due to you or €50].

    3. TO THE FULLEST EXTENT PERMITTED BY LAW, THE EASTWAV PARTIES DO NOT WARRANT THAT THE SITE WILL OPERATE ERROR FREE, OR THAT THE SITE AND ANY CONTENT THEREON ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SITE OR ANY CONTENT THEREON RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO EASTWAV PARTY WILL BE RESPONSIBLE FOR THOSE COSTS.

    4. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE AND ALL EASTWAV MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ACCORDINGLY, THE EASTWAV PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS AND FITNESS FOR PARTICULAR PURPOSE.

    5. To the fullest extent permitted by law, we shall not be in breach of these Terms of Service nor bear any responsibility or liability for any losses arising out of any delay or failure in the performance of our obligations under these Terms of Service due to events beyond our reasonable control including: fire, storm, flood or other Acts of God; war or the threat of war or acts of terrorism or similar; contamination; riot or other manifestation of civil disorder; strike, lockout or other forms of labor difficulties; any act, order, rule or regulation of any court, government agency or public authority; an absence of power or other essential services; failure of technical facilities; failure of the internet; failure or delay of transportation (beyond our reasonable control); non-performance by suppliers and/or sub-contractors arising through no fault of us; and/or any similar or dissimilar cause beyond the reasonable control of us.

    6. To the fullest extent permitted by law, you agree to indemnify the EASTWAV Parties from and against any and all claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of: (i) any misrepresentation, act, or omission made by you in connection with your use of the Site or your position as an Ambassador or (ii) your breach of these Terms of Service.

  11. GENERAL

    1. Nothing in these terms and conditions will render you an employee, worker, agent or partner of EASTWAV Software Limited and you will not hold yourself out as such.

    2. You will execute such documents and perform such acts as may reasonably be required in order to give full effect to these terms and conditions and the rights expressed to be granted or transferred under these Terms of Service.

    3. You acknowledge and agree that the warranties, disclaimers and limitations in these Terms of Service are material terms and that they have been taken into account in the decision by us to provide EASTWAV and the Site to you.

    4. You may not assign any of your rights, obligations, duties or privileges hereunder without the prior, written consent of us. Any such assignment shall be invalid in the absence of such consent.

    5. If any provision of these Terms of Service are deemed to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service, shall be enforced to the fullest extent allowed by law as to effect the intention of the parties, and shall not affect the validity and enforceability of any remaining provisions.

    6. These Terms of Service and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.

    7. No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default.

    8. The headings used in these Terms of Service are used for convenience only and are not to be considered in construing or interpreting these Terms of Service.

    9. By using the Service, you consent to receiving certain electronic communications from us. Please read the Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

    10. These Terms of Service shall be governed by and construed in accordance with the laws of England and Wales. You hereby agree to the non-exclusive jurisdiction of the Courts of England regarding any and all disputes relating to or arising from these terms and conditions or your use of this Site.

Last updated: 6h FEB 2020

NOTICE REGARDING APPLE. You acknowledge that these Terms of Service are between you and EASTWAV only, not with Apple, and Apple is not responsible for the Site or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Site. In the event of any failure of the Site to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant Site to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Site. Apple is not responsible for addressing any claims by you or any third party relating to the Site or your possession and/or use of the Site, including, but not limited to: (i) product liability claims; (ii) any claim that the Site fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Site or your possession and use of the Site infringes that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Site. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service, and upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms of Service. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. If EASTWAV provides a translation of the English language version of these Terms of Service, the translation is provided solely for convenience, and the English version will prevail.

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