Last update: October 28, 2020
This is an agreement between the organizer of an event (“you”) and Fourwaves Inc. (“we”, “us” or “Fourwaves”) governing your purchase of the products and services of Fourwaves and use of the Fourwaves platform (collectively, “the Platform” or “Website”). You must accept these terms and conditions in order to complete your purchase.
When you unlock an event on Fourwaves whether there is a cost associated or not, or if you generally use the Platform as an event organizer, you offer us to enter into a contract with you in accordance with the conditions indicated here.
You can and should review your order’s details before placing your order, which may not be modified after it is confirmed.
All sales are final. No refunds will be made by Fourwaves. You are aware of the existing functionalities of the Platform upon purchase and agree that they correspond to your needs regarding the scope of the event(s).
Fourwaves has the right to inactivate or delete any event and delete its associated data if a payment has not been received thirty (30) days after the invoice was issued.
Modifications on the Platform
The Platform is sold “as is”. You agree that the Platform can be modified at any time. More precisely, features existing at the moment of purchase or when you started using the Platform, can be deleted or modified and new features can be added.
Any modification, adaptation or customization of the Platform that you request to Fourwaves may or may not be accepted. If accepted, they shall be made at an hourly rate to be agreed upon with you.
We use reasonable efforts to display accurate prices on the Website. We reserve our right to correct any error with respect to the price or specifications of ordered products or services, even after an order is placed.
Displayed prices may not include sales tax which will be added to your total before you confirm your order. These additional charges may vary depending on your billing address or localization.
You can accept online payments from event participants (“Participants”) through the Platform, for example by credit card, Alipay or other methods online through a third party provider (« Payment Provider »). Fourwaves is not responsible for issues related to the Payment Provider
You acknowledge that transaction fees charged by the Payment Provider can be subject to change at any time and that this is not controlled by Fourwaves. Transaction fees charged by Fourwaves (« Fourwaves Fees ») are subject to taxes based on the billing address of the event.
Fourwaves is not responsible for chargebacks to participants. All chargeback fees are absorbed by you.
In the event of a payment dispute, organizers are responsible for the disputed amount and must provide the necessary proof in order to resolve the dispute. Dispute fees are absorbed by Organizers.
Fourwaves is not responsible for any additional fees charged to Organizers or Participants by their credit card company or bank, including, but not limited to, currency conversions or international card fees.
When a refund is issued to a participant, transaction fees of the Payment Provider are refunded based on the Payment Provider’s refund policy and you acknowledge that this is subject to change. Fourwaves Fees are non refundable.
It is the responsibility of the organizer to collect and declare taxes on the payments that transit through the Platform and to verify the law and comply to it regarding the collection of taxes.
Fourwaves sends a transaction receipt via a link sent by email to the Participant, once a payment is successful. It is your responsibility to provide receipts with additional information to participants that request it, but Fourwaves can provide such receipt to a participant.
If we are not collecting payments on your behalf
It is your responsibility to create your Connected Account. You understand and acknowledge that the Payment Provider can make verifications to your account, even after a Connected Account is created and after payments are made using the Connected Account. The Payment Provider can suspend bank transfers until the verification process is successfully completed.
Fourwaves is not responsible if a Connected Account is suspended, inactivated or deleted by the Payment Provider and we will not issue any refunds associated with payments to the Connected Account.
It is the Connected Account’s responsibility to revoke access of the Platform to its account, to transfer ownership or to close their Connected Account if necessary.
You are solely responsible to refund participants, through Payment Provider’s site. Fourwaves has the right to issue refunds to Participants on behalf of Organizers, for example after receiving a written notice from an Organizer or a Participant.
You acknowledge that the Payment Provider can make withdrawals to the bank account if there is a negative balance, for example after a refund to a Participant.
If we are collecting payments on your behalf
The net amount received will be transferred by electronic transfer or wire-transfer to a bank account specified by the organizers. This net amount refers to the sum of all payments collected on your behalf, minus all transaction fees (payment processor fees and Fourwaves fees), refunds, chargebacks, disputed amounts and dispute fees.
The electronic transfer occurs after the event has ended accompanied by a full report of every transaction. Once the event has ended, refunds to participants is the responsibility of the organizers.
If a chargeback is requested by a Participant or if a payment is disputed by a credit card company, the amount disputed and related fees are charged to organizers until the dispute is resolved.
Accuracy of Information
We use reasonable efforts to provide accurate information and product and services specifications on the Website. However, we do not warrant that such information or specifications are always accurate, error free, and up-to-date. We will not be liable for any loss or inconvenience you may suffer as result of such inaccuracy of information.
Limitation of Liability
To the full extent permitted under applicable law, under no circumstances will Fourwaves be liable for any damages, whether direct, indirect, punitive, incidental, special, consequential or of any kind whatsoever, including, without limitation, damages for loss of data, profits or opportunity arising out of the use or performance of the Website, the inability to use the Website or the services provided through the Website, whether such liability is based on a contract, tort, negligence, strict liability or otherwise, even if we have been made aware of the possibility of damages. If you are dissatisfied with any section of the Website, or any portion of these Terms and Conditions, your sole and exclusive remedy is to stop using the Website.
These Terms and Conditions and any related operations shall be governed by the laws of the Province of Quebec and the laws of Canada applicable therein and shall be interpreted in accordance with these laws.
Any dispute, controversy or claim arising from these Terms and Conditions or from your purchase of goods through the Website shall be adjudicated by a competent court of the Province of Quebec, sitting in the judicial district of Montreal, thereby excluding any other forum in any jurisdiction.