GENERAL TERMS OF SERVICE
Thank you for using the Aways-platform (“the Platform”). These Terms (“the Terms”) apply in relation to your use of the Platform in your capacity of our customer and arranger of events. Your use of the platform is subject to the Terms and our legal agreement constituted by these Terms and your use of the Platform. Aways or we/us/our mean Aways AB, 559027-0442 with address: The Castle, Slottsbacken 8 111 30, Stockholm. Web SE www.aways.se, INT www.aways.io
1.Acceptance of the Terms
We reserve the right to amend the Terms from time to time by making adjustments in the Terms on-line. In some cases, our customers will be notified by e-mail.
In order to use the Service, you must firstly agree to the Terms. You may not use the Platform if you do not accept the Terms. Using the Platform includes your acceptance of the Terms.
You should print off or save a local copy of the Terms for your records.
2.Description of the Platform
The Platform is a service which allows event-providers – being our customers – to create an on-line description of their event in the shape of a web-page for the event, and collect reservations and to debit their customers, as end-users of the Platform (“the End-users”). The End-users will access the platform through websites of our customers or through links provided by our customers to the End-users. Currently we support payments in SEK, NOK, DKK, CHF and EUR for activities in Sweden, Norway, Denmark, Finland, Switzerland, France and Spain.
3.General requirements of use
In order to access relevant areas of the Platform, you will have to create an Aways account. When creating your account, you must provide accurate and complete information. It is important that you must keep your Aways account password secure and confidential. You must notify us immediately of any breach of security or unauthorised use of your Aways account that you become aware of. You agree not to alter or modify any part of the Website or any of the Platform
We reserve the right to end your subscription and use of the Platform when we deem this necessary. You will be notified by e-mail if we make use of this right.
4.Your services and Events
You may only use the Platform for legitimate Transactions with the End-User. You know your customers, being the End-User, better than we do, and you are responsible for your relationship with them. We are not responsible for the services you market or sell. You will indemnify us and hold us harmless for any claim directed towards us based on and shortfall or default regarding your services, including costs incurred in relation to or defense against such claims.
You agree to observe applicable laws and fair market- and marketing-practice in your providing of your services and events, incorporate fair and legal terms to be accepted by the End-Users and to comply with all aspects of applicable privacy-policy-regulations.
You may not use the Services for your benefit or the benefit another for any activities that we have identified as a prohibited purpose, being inter alia sale and promotion of
-activities directed towards people under age, without acceptance of a parent or legal care-taker
-receipt of payments which may include money-laundry and finance of terrorism.
We will use established software and hardware for our Platform and for its intended connection to your use. We shall be exempt from any liability for malfunction or possible damage to your software, systems or information or transfer of funds in the unlikely event that such malfunction or possible damage will appear as a result of your use of the Platform or anything connected with it.
Your use of the Platform will enable you to use our software and IP connected with the software and content of the Platform, limited to the typical and intended use. This entitlement ends without
notice when your use of the Platform ceases or when we notify you that such use shall cease. You will respect our ownership of all rights, title, and interest in the patents, copyrights (including rights in derivative works), moral rights, rights of publicity, trademarks or service marks, logos and designs, trade secrets, and other intellectual property embodied by the Platform.
Your creation of an event will in all cases be combined with collection of the fee for the event via the Platform. You agree not to collect fees for your event, for which the Platform is used, via other means than via the payment method offered on the Platform.
A service fee (“the Service-Fee”) is added by the Platform to your own fee for the event. This fee is calculated as a percentage of the Event fee.
This fee will be included in the fee presented to the End-User. It will be specified in the receipt to the End-User once payment is made by the End-User. Our remuneration for your use of the Platform will in the normal case be exclusively the Service-Fee paid by the End-Users.
For the technical means of the Payment, we use and link to the online payment tool offered by STRIPETM (“Stripe”) which is integrated in the Platform. You will be required to accept the General Terms provided by Stripe in order to use the Platform. Although it is us who collect funds paid for your Events in our capacity as a customer of Stripe, the Terms of Stripe will apply mutatis mutandis in your relationship with us, as regards the payment mechanism, as well as in your quasi-relation with Stripe. However as regards your relationship with us, the content of our General Terms will prevail.
Payments made by End-User will be made to an account (“the Account”) reserved for your events with Stripe. You authorize us to fully manage and access the Account and will file any formal acceptance required and requested in order to establish this authorization. Funds in this account will be reserved for you and upcoming payments to you. You acknowledge our rights to use the Account and its balances as security for any claim or security interest we may acquire against you as a result of your use of the Platform.
If an End-User will require a re-payment made to the Account, you will primarily administer this from your own economy and administration, with the aim of receiving compensation together with transfer of funds from the Account for the relevant event.
If a claim for re-payment will be made by the End-User against us or against Stripe and not refunded by you as stated in the previous paragraph, as documented by you to us, we reserve the right to redeem the claim by re-payment after communication with you and we shall have no liability against you or any of your affiliates in relation to such re-payment. We are entitled to withhold the service-fee for our remuneration in relation to any such re-payments. Should we not consider ourselves able to withhold such service-fee, you acknowledge that our entitlement to such service-fee shall remain in the relation between you and us.
In relation to signing up for your use of the Platform, you will provide us with details of your account, being an account with a well-established bank in the European Union accepted by us. Any change of this account is subject to our approval and must be provided by authorized signatories of you as documented by you.
We will order the transfer of funds received to the Account for a specific event or service to your account on the first day of the respective event, with reduction for our entitlement under these Terms. We may require your confirmation of delivery of the respective event or service. You acknowledge that
a. any bank fee or other possible fees connected with such transfer will be borne by you,
b. the transfer to your account may take a numbers bank days as administered by the banks involved or by established clearing systems.
a. In our relation with you
The collection and use of data from a variety of sources is essential to our ability to provide the services under the Platform. We have the explicit ambition not to collect, store or process data which goes beyond what is necessary.
As regards personal data (data that identifies, or that could reasonably be used to identify, you or the representatives of you as an individual), we collect such data when a business registers for use or when we create an account, for payments of End-Users connected with you and your events.
This data may regard
Contact details, such as name, postal address, telephone number, email address;
Financial and transaction Data, such as bank account information; and
Other Personal Data, such as date of birth
The data may also be shared with Stipe and with banks for the carrying out of our service and payments.
As regard other data, we collect this through a variety of sources. One source for this data is cookies and other technologies that record data about the use of our websites, websites that implement our Services, and the use of our Services generally. Other Data that we may collect include:
Browser and device data, such as IP address, device type, operating system and Internet browser type, screen resolution, operating system name and version, device manufacturer and model, language, plug-ins, add-ons and the version of the Services you are using;
Transaction data, such as purchases, purchase amount, date of purchase, and payment method;
Cookie and tracking technology data, such as time spent on the Services, pages visited, language preferences, and other anonymous traffic data; and
Company data, such as a company’s legal structure, product and service offerings, jurisdiction, representatives and company records
b. In our relation with End-Users and in your relation with End-User
You agree not to collect or harvest any personal data of end-user of the Platform that goes beyond the necessary and what is prepared for in the Platform.
You agree not to retain any data or information for any period of time exceeding what is permitted by Law
You agree to collect explicit agreement from End-Users for the collection of data, and to have and display a privacy-policy which shall be in accordance with the European Directive (GDPR) and the provisions of this subsection b. and the Terms in general.
All data collected by us is intended and used in order to provide the services under the Platform; (ii) detect and prevent fraud; (iii) mitigate financial loss or other harm to us, to you or to EUs. The data may also be used
To verify an identity for compliance purposes;
To evaluate an application to use our Services;
To conduct manual or systematic monitoring for fraud and other harmful activity;
To respond to inquiries, send service notices and provide customer support;
To process a payment, communicate regarding a payment, and provide related customer service;
For audits, regulatory purposes, and compliance with applicable standards;
To improve or modify our Services
As regards retention of data, We will retain personal data for the period necessary to fulfill the purposes outlined in this section. We will retain the information only for such period of time which is permitted by Law.
9. Acts of God / Force Majeure
You accept that we shall have no liability for circumstances that reasonably prevents us partly or fully from fulfilling our undertakings of the service or to abide by these Terms.
If and when such circumstances will appear, we will notify you as soon as we can. Our obligation to abide by our obligations shall resume when such circumstance ceases and we shall have no liability for any loss which you or anyone may suffer due inability.
10. Dispute resolution and applicable Law
Any possible dispute, claim or controversy arising out of or relating to our cooperation, or of any provision of these Terms shall be determined by arbitration in Stockholm, Sweden, under the Rules of Arbitration issued by the Arbitration Institute of the Stockholm Chamber of commerce.
However, in relation any unpaid fees or other remuneration or compensation to us, we shall be entitled to turn to ordinary court proceedings with the City court of Stockholm as first instance.
Swedish national Law, with the exception of any collision norms, shall apply in any aspects of these Terms or our cooperation for the Platform.