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The Services

The Services constitute a technology platform that enables users of Eventpark's mobile applications or websites provided as part of the Services (each, an "Application") to allow ease of contact, engagement and exchange of value (goods and services) between event planners and vendors providing event services or event related services as well as related third parties and Eventpark's affiliates ("Third Party Providers"). Unless otherwise agreed by Eventpark in a separate written agreement with you, the Services are made available solely as a link-up service to you. YOU ACKNOWLEDGE THAT EVENTPARK DOES NOT PROVIDE EVENT MANAGEMENT SERVICES OR FUNCTION AS A VENDOR OF THE GOODS AND SERVICES ON THE PLATFORM AND NEITHER DOES EVENTPARK HOLD ANY DIRECT, FIDUCIARY, AGENCY OR OTHER RELATIONSHIP WITH THE SERVICE PROVIDERS OR CUSTOMERS ON ITS PLATFORM.

License

Subject to your compliance with these Terms, Eventpark grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the web and mobile applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services. Any rights not expressly granted herein are reserved by Eventpark and Eventpark's licensors.

Restrictions

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Eventpark; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

Third Party Services and Content

The Services may be made available or accessed in connection with services and content (including advertising) that Eventpark does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Eventpark does not endorse such third party services and content and in no event shall Eventpark be responsible or liable for any products or services of such third party providers.

Ownership

The Services and all rights therein are and shall remain Eventpark's property. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Eventpark's company names, logos, product and service names, trademarks or services marks or those of Eventpark's licensors. For the avoidance of doubt users are expressly prohibited from using the name, logos, product and service names, trademarks or services marks or those of Eventpark's licensors without the prior written consent of the Eventpark.

Your Use of the Services

User Accounts

In order to use most aspects of the Services, you must register for and maintain an active personal user or vendor account ("Account"). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain and operate an Account. Account registration requires you to submit to Eventpark certain personal or business information, such as your name, address, mobile phone number and age, certificate of incorporation as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Eventpark's termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Eventpark in writing, you may only possess one Account.

User Requirements and Conduct

The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to offer or receive event services to or from customers, vendors and Third Party Providers. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no supply of illegal drugs, harmful or banned substances). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the customer, vendor or Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.

Text Messaging

By creating an Account, you agree that the Services may send you text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from Eventpark at any time by following the directions found at support@eventpark.africa. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.

Promotional Codes

Eventpark may, in Eventpark's sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider's services, subject to any additional terms that Eventpark establishes on a per promotional code basis ("Promo Codes"). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Eventpark; (iii) may be disabled by Eventpark at any time for any reason without liability to Eventpark; (iv) may only be used pursuant to the specific terms that Eventpark establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Eventpark reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Eventpark determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

Reviews and Rating

The Eventpark platform contains a review and rating functionality where Users and Vendors may rate each other post-transaction. Such ratings shall be visible to other Users and Vendors. EventPark reserves the right to moderate or remove reviews that are false, abusive, or misleading. Users are expressly prohibited from offering incentives to manipulate reviews.

User Provided Content

Eventpark may, in Eventpark's sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Eventpark through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services or a vendor or customer signed in to the service, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to Eventpark, you grant Eventpark a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Eventpark's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Eventpark the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Eventpark's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Eventpark in its sole discretion, whether or not such material may be protected by law. Eventpark may, but shall not be obligated to, review, monitor, or remove User Content, at Eventpark's sole discretion and at any time and for any reason, without notice to you.

Network Access and Devices

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Eventpark does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

Payment

You understand that use of the Services may result in charges to you for the services or goods you receive from a vendor or Third-Party Provider or for the service provided by Eventpark to vendors or customers ("Charges"). Payment of the Charges shall be considered the same as payment made directly by you to the Third-Party Provider. EventPark may charge a service fee or commission to vendors and/or customers, which will be transparently communicated prior to transaction confirmation. Charges paid by you are final and non-refundable, unless otherwise determined by Eventpark. You retain the right to request lower Charges from a Third-Party Provider for services or goods received by you from such Third-Party Provider at the time you receive such services or goods. Eventpark will respond accordingly to any request from a Third-Party Provider to modify the Charges for a particular service or good.

As between you and Eventpark, Eventpark reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Eventpark's sole discretion. Eventpark will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. You may elect to cancel your request for services or goods from a Third-Party Provider at any time prior to such Third-Party Provider's or Vendor's delivery of such service or goods, in which case you may be charged a cancellation fee.

As a customer engaging a Vendor or service provider, your booking is not confirmed until a deposit payment is made by you and neither you nor the Vendor can cancel less than 30 days to the event without penalties or fines.

Cancellation and Refund

Cancellation and refunds shall be as follows; Where cancellation occurs:

• More than thirty (30) days to the start date of the event – you shall receive a full refund less platform fees.
• Fifteen (15) to thirty (30) days to the start date of the event – you shall receive a 50% refund of your payment (less platform fees) with the Vendor retaining 50% (less platform fees).
• Less than fifteen (15) days to the start date of the event shall amount to a forfeiture of the amount paid, save in instances where customers can prove that cancellation is as a result of an emergency. Such exception shall be at the complete and entire discretion of Eventpark and subject to the review of such proof of emergency.

Repair Fees

You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Third Party Provider equipment, tools and property resulting from use of the Services under your Account in excess of normal "wear and tear" damages and necessary cleaning ("Repair or Cleaning"). In the event that a Third Party Provider reports the need for Repair, and such Repair request is verified by Eventpark in Eventpark's reasonable discretion, Eventpark reserves the right to facilitate payment for the reasonable cost of such Repair on behalf of the Third Party Provider using your payment method designated in your Account. Such amounts will be transferred by Eventpark to the applicable Third Party Provider and are non-refundable.

Penalties

You agree and concede that Eventpark may impose and/or enforce penalties for cancellations by withholding payouts or imposing charges on the platform.

Disclaimers; Limitation of Liability; Indemnity

DISCLAIMER

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." EVENTPARK DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, EVENTPARK MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. EVENTPARK DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY

EVENTPARK SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF EVENTPARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EVENTPARK SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF EVENTPARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EVENTPARK SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND EVENTPARK'S REASONABLE CONTROL. IN NO EVENT SHALL EVENTPARK'S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED TWO HUNDRED DOLLARS ($200) OR ITS EQUIVALENT IN NAIRA AT THE TIME OF SUCH CAUSE OF ACTION.

EVENTPARK'S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE EVENT RELATED GOODS OR SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT EVENTPARK HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY GOODS OR SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

Indemnity

You agree to indemnify and hold Eventpark and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Eventpark's use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.

Governing Law; Arbitration

Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of The Federal Republic of Nigeria, excluding its rules on conflicts of laws. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any "Dispute") shall be first mandatorily submitted to mediation proceedings under the International Chamber of Commerce Mediation Rules ("ICC Mediation Rules"). If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such ICC Mediation Rules, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce ("ICC Arbitration Rules"). The ICC Rules' Emergency Arbitrator provisions are excluded. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the ICC Rules. The place of both mediation and arbitration shall be Lagos, Nigeria, without prejudice to any rights you may have under Article 18 of the Brussels I bis Regulation (OJ EU 2012 L351/1) and/or Article 6:236n of the Dutch Civil Code. The language of the mediation and/or arbitration shall be English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the International Chamber of Commerce, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.

Other Provisions

Claims of Copyright Infringement

Claims of copyright infringement should be sent to Eventpark's designated agent. Please visit Eventpark's website athttps://eventpark.africafor the designated address and additional information.

Notice

Eventpark may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Eventpark by written communication to Eventpark's address at No25 Bankole Street, Pedro, Gbagada, Lagos

General

You may not assign or transfer these Terms in whole or in part without Eventpark's prior written approval. You give your approval to Eventpark for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Eventpark's equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Eventpark or any Third Party Provider as a result of the contract between you and Eventpark or use of the Services. If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the unenforceable greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words "including" and "include" mean "including, but not limited to."