Eatup, Inc.’s websites and domains, including www.eatup.events and all of the webpages, subdomains, country level domain variants and subparts of those websites (collectively, our “Site”), all of the services available on or through the Site or otherwise provided by us (including our application programming interfaces). We refer to all of these as our “Services.” Eatup, Inc. is a Florida corporation with its principal place of business at 8004 NW 154TH Street STE 415 Miami Lakes FL 33016 (“Eatup, Inc.,” “us,” “we” or “our”).
Through the Services, Eatup, Inc. provides a simple and quick means for registered users to discover events and expedite checkout. We refer to Organizers, Attendees and other visitors and browsers of the Services collectively as “Users” or “you.”
Incorporation By Reference
Your Use Of The Services
Eatup, Inc.'s Role
Listing Service and Limited Agent
Eatup, Inc. is not the organizer or owner of the events listed for sale or registration on the Services. Eatup, Inc. provides the Services, which allow Organizers to list and promote their events, but all sales are made by the respective Organizer listed on the applicable event page. Since the Organizer has elected to use Eatup, Inc.’s Payment Processing Service, Eatup, Inc. also acts as the Organizer’s limited agent solely for the purpose of using its third party payment providers to collect payments made by Attendees on the Services with respect to an event and passing such payments through to the applicable Organizer. It is the Organizer’s sole obligation to ensure that any event page posting on the Services and the nature and conduct of the underlying event meet all applicable local, state, provincial, national and other laws, rules and regulations, and that the goods and services described in any event page posting are actually delivered in a satisfactory manner.
Selection of Payment Processing Method
The Organizer has elected to use Eatup, Inc.’s Payment Processing Service, Eatup, Inc. will use third party payment processing partners to process the transaction as Organizer’s limited payment agent.
Creating an account and accessing the Services is free. We charge our fees only when you buy paid tickets or registrations. All descriptions of standard fees on the Services represent the standard fees that Eatup, Inc. charges. These fees may vary based on individual agreements between Eatup, Inc. and certain Organizers. Organizers ultimately choose if these fees will be passed along to Attendees and shown as “Fees” on the applicable event page or absorbed into the ticket or registration price and paid by the Organizer out of ticket and registration gross proceeds. The fees charged to Attendees may include certain other charges, including without limitation, facility fees, royalties, taxes, processing fees and fulfillment fees. Therefore, the fees paid by Attendees for an event are not necessarily the same as those charged by Eatup, Inc. to the applicable Organizer. In addition, certain fees are meant, on average, to defray certain costs incurred by Eatup, Inc., but may in some cases include an element of profit and in some cases include an element of loss. Eatup, Inc. does not control (and thus cannot disclose) fees levied by your bank and/or credit card company, including fees for purchasing tickets and registrations in foreign currencies or from foreign persons. Be sure to check with your bank or credit card company prior to engaging in a transaction to understand all applicable fees, credit card surcharges and currency conversion rates.
Because all transactions are between an Organizer and its respective Attendees, Eatup, Inc. asks that all Attendees contact the applicable Organizer of their event with any refund requests. Organizers agree to post and maintain a refund policy on each event page and that refund policy will govern, provided that the refund policy must be consistent with Eatup, Inc.’s Attendee Refund Policy Requirements. In the event that an Organizer has not responded to a refund request within two (2) business days or there is a dispute between an Organizer and an Attendee that cannot be resolved, either party may contact Eatup, Inc.. Eatup, Inc. may, in its discretion, attempt to mediate such dispute, however, Eatup, Inc. will have no liability for (a) an Organizer’s failure to give refunds; (b) Eatup, Inc.’s failure to mediate a dispute; or (c) Eatup, Inc.’s decision if it does mediate the dispute.
Account, Password And Security.
As part of certain registration processes on the Services, you will create an account or change or add information about your account. You agree (a) to provide true, accurate, current and complete information about yourself, or if you are using the Services on behalf of an entity, the entity, as prompted by each Service registration form (the “Registration Data”); and (b) to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. In the event of any dispute between two or more parties as to account ownership, you agree that Eatup, Inc. shall be the sole arbiter of such dispute in its discretion and that Eatup, Inc.’s decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.
You are responsible for maintaining the confidentiality of your password and account details, and are fully responsible for all activities that occur under your account, including without limitation, all actions by sub-users registered under your account. You agree to immediately notify Eatup, Inc. of any unauthorized use of your password or account or any other breach of security.
Feedback & Revisions
You hereby acknowledge that (a) any and all suggestions for correction, change and modification to the Services and other feedback (including but not limited to quotations of written or oral feedback), information and reports provided to Eatup, Inc. by you (collectively “Feedback”); and (b) all improvements, updates, modifications or enhancements, whether made, created or developed by Eatup, Inc. or otherwise relating to Feedback (collectively, “Revisions”), are and will remain the property of Eatup, Inc.. All Feedback and Revisions become the sole and exclusive property of Eatup, Inc. and Eatup, Inc. may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Eatup, Inc. any and all right, title and interest (including, but not limited to, any patent, copyright, future copyright, trade secret, trademark, show-how, know-how and any and all other intellectual property right) that you may have in and to any and all Feedback and Revisions. You hereby agree to waive any moral rights you may have in any and all Feedback and Revisions, and consent to any act which amounts to an infringement of any such moral right, in favor of Eatup, Inc.. At Eatup, Inc.’s request, you will execute any document, registration or filing required to give effect to these provisions.
You understand that you are liable for all Content, in whatever form, that you provide or otherwise make available to or through the Services, including to other users of the Services. You agree not to use the Services to:
(a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) facilitate gambling, gaming, lotteries, raffles, contests, sweepstakes and/or any other activity featuring the award of a prize other than raffles, contests or sweepstakes conducted in a manner that complies in all respects with federal, state and local laws.
(d) impersonate any person or entity, including, but not limited to, an Eatup, Inc. representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
(f) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(g) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, right of publicity or personality, or other intellectual property or proprietary rights of any person or entity;
(h) upload, post, email, transmit or otherwise make available any Content related to the sale or provision of goods and services other than the sale or provision of tickets and registrations to bona fide events listed on the Services and other goods and services being sold or provided in conjunction with such events;
(i) upload, post, email, transmit or otherwise make available any Content that contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of or to otherwise interact with the Services.
(j) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
(k) attempt to probe, scan or test the vulnerability of any Eatup, Inc. server or network or breach any security or authentication measures, unless you are an authorized contractor of Eatup, Inc. specifically engaged to provide such services;
(l) attempt to avoid or circumvent any technological measure implemented by Eatup, Inc. to protect the Services or Content on the Services, including without limitation, encryption technology used to protect sensitive personal information;
(m) solicit any User to use a third party service that competes with Eatup, Inc.;
(n) advertise your event but complete sales independent of the Services in order to circumvent the obligation to pay fees related to the Services;
(o) intentionally or unintentionally violate any applicable local, state, provincial, national or other law, rule or regulation, including without limitation laws and regulations regarding the sale of tickets;
(p) resell tickets or registrations;
(q) collect credit card number, expiration date or CSC code or any other credit card information other than in the fields under “Payment” on the order payment page;
(r) collect social security or insurance number, financial account number, drivers’ license number, health information or other sensitive information required to be secured under applicable local, state, provincial, national or other law, rule or regulation or for which disclosure is required in case of a data breach without first obtaining Eatup, Inc.’s prior written consent; or
(s) stalk or otherwise harass any person or entity.
Certain Remedial Rights.
Third Party Websites
The Services may provide, or Users may provide, links to other Internet websites or resources. Because Eatup, Inc. has no control over such websites and resources, you acknowledge and agree that Eatup, Inc. is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such websites or resources, or any damages or losses related thereto, even if such websites or resources are connected with Eatup, Inc. partners or third party service providers.
As part of the Services you may be able to link an account you have with a third party service, such as a social media website. By linking such third party account, you agree that Eatup, Inc. may access, make available to and store any Content that you have provided to and stored in such third party account so that it is available on or through the Services. Such content may include personally identifiable information.
Privacy - Customer Information
Co-Ownership of User Data
Eatup, Inc. will not share with an Organizer any Payment Data. “Payment Data” means any full credit card number or other full payment account number and the related expiration date and security code entered by an Attendee on the Services in order to purchase a ticket or registration, make a donation or purchase merchandise related to events, so long as such information is entered in the fields under “Payment” on the order payment page. Note that if an Attendee enters such information in other areas of the Services or otherwise provides it to another User, it may not be encrypted and may be automatically shared with the applicable Organizer, so Attendees should enter such information only under “Payment” on the order payment page.
Refund Policies and Administration
We understand that refund policies vary depending on the type of event and the Organizer. Because of that, we provide flexibility for Organizers to post their own policies with respect to their events, so long as they meet the following minimum requirements:
(a) Refund policies must be posted on the applicable event page;
(b) “No refund” policies are permissible, but must be clearly identified as such and must otherwise comply with these minimum requirements;
(c) Refund policies (including “no refund” policies) must provide for a refund or other make good for complete failure to provide the advertised goods and services (e.g., event cancellation);
(d) Refund policies must be in accordance with all applicable local, state, provincial, national and other laws, rules and regulations, including all requirements imposed by Card Schemes or Alternative Form of Payment Frameworks (each as defined in the Merchant Agreement);
(e) Refund policies must include specific instructions on how to obtain a refund, including how, when and where to direct a refund request;
(f) Refund policies may not be changed with respect to purchases made prior to the date of such change and its posting to the applicable event page;
(g) Refund policies must set out a specific time frame within which refund requests will be responded to, which should not exceed five (5) business days for a first response; and
(h) Refund policies must otherwise be fair and reasonable.
If a refund policy is not posted or does not meet these minimum requirements set forth above, Eatup, Inc. may (but has no obligation to) modify such refund policy such that it meets these minimum requirements. Such modification may take the form of prospectively making changes to the actual refund policy on the applicable event page or retroactively applying such changes at the time of a dispute, chargeback and/or refund request.
In order to initiate a refund request, an Attendee should contact an Organizer directly as set forth in the applicable refund policy. Organizer agrees to administer its refund policy in accordance with the terms set forth on the applicable event page and the minimum requirements set forth above.
EatUp, Inc. Review
In the event that Organizer fails to honor a refund that an Attendee believes is due under the applicable refund policy and/or the minimum requirements set forth above, that Attendee may request that Eatup, Inc. initiate a refund by contacting us. Eatup, Inc. will review the facts and circumstances and determine whether or not a refund is due in accordance with the applicable refund policy and the minimum requirements set forth above. Eatup, Inc. will endeavor to complete its review within thirty (30) days of being contacted by Attendee. All determinations of Eatup, Inc. with respect to these Attendee Refund Policy Requirements, including without limitation the orders to be refunded and the size of any refund, shall be final and binding on both Organizer and Attendee.
No Insurance/No Guarantee
These Attendee Refund Policy Requirements are not intended to be and do not constitute an offer to insure the performance of or to guarantee the performance of any Organizer and are not a guarantee that refunds will be issued in any given situation.