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Convious End Customer Terms of Service

Last modified: January 16, 2020

1. Definitions

In these Terms of Services, the following terms shall have the following meanings:

  • Agreement: the agreement between Convious and Customer, including all modifications and additions to the same, with respect to the acquisition of digital goods for Events and distribution hereof on behalf of the Event Holder.

  • Convious: KWYCK B.V., also trading under the name Convious, with its registered office in Herengracht 440, 1017 BZ, registered with the Chamber of Commerce under number 64967743, VAT no.: 855925991B01;

  • Convious Enabled Websites: Event holder's websites.

  • Customer: the purchaser of Digital Goods;

  • Event: all events organized and offered by an Event Holder, including but not limited to day trips, excursions, overnight stays, and transfers;

  • Event Holder: the natural or legal persons who offer Digital Goods for organized Events;

  • Terms of Services: these terms of services of Convious;

  • Digital Goods: the (electronic) digital goods that serve as proof of purchase and/or admission for an Event;

  • Upsell: the sale of supplementary products or services by Convious in its own name or on behalf of third parties.

2. Applicability

These Terms of Services are applicable to all offers, orders, and Agreements with respect to the payment of products or services of any nature, including but not limited to Events, provided by Event Holder for which Convious handles Digital Goods.

2.1. The applicability of Customer’s Terms of Service and conditions are hereby explicitly excluded.
If any provision of these Terms of Services are null and void or are voided, the other provisions of the Terms of Services will remain fully in effect and Convious and Customer will consult with each other to agree to new provisions to replace the null, void or voided provision(s), whereby the purpose and meaning of the null, void or voided provision(s) will be taken into account as far as possible. The terms of services or other general terms and conditions of Event Holder may also apply to the Agreement.

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3. How does Convious work?
Convious is a Software as a Service solution that improves and enhances the customer journey of website users by combining artificial intelligence, user analytics and marketing automation. Convious gives the Event Holder a platform to improve the Customer's experience and subsequent conversion ratio from visitor to paying customer. Convious Enabled Websites insert a script onto their respective website which is transmitted to Convious' servers. This script provides a widget to Your computer or device accessing the Convious Enabled Website. This widget will then execute all necessary and applicable steps to improve Your journey and experience.

4. Agreement
All offers, including in this regard all advertisements and price lists regarding Digital Goods published by Convious and/or Event Holders for whom Convious will act as intermediary are without obligation, unless otherwise agreed in writing. Convious is not a party to the direct purchase agreement between the Customer and Event Holder that is formed by Customer’s purchase of Digital Goods and its acceptance by Event Holder, which agreement may be governed by the terms and conditions of Event Holder. The Agreement is formed after Customer has purchased one or more Digital Goods via Convious and the direct purchase agreement is formed. Convious is acting solely as intermediary in the formation of the agreement between Customer and Event Holder pursuant to the acquisition of Digital Goods. Convious distributes Digital Goods on behalf of Event Holders and collects all payments pertaining to the purchase of Digital Goods on behalf of Event Holders.​

When offering Digital Goods, Convious may carry out Upsell activities. If these Upsell activities concern or include products or services of third parties, the terms of services or other general terms and conditions of the third party concerned may also apply. Each Agreement is subject to the approval of Event Holder and all (reservations of) Events are subject to change. Convious is not a contracting party and only plays a facilitating role. Convious does not warrant the accuracy of any Event descriptions, photos, and characteristics and prices provided by Event Holders. Convious and/or Event Holders are entitled at all time to refuse all or part of an order of Digital Goods without further information and without bearing any liability in any way for any damages, such as if Convious and/or Event Holder have an indication or suspicion that Customer will not meet its payment obligations, Digital Goods are not available, and/or there is some abuse on the part of Customer. Digital Goods may not be resold or transferred to third parties and/or used for commercial purposes without the prior written consent of Convious and/or Event Holders.

Digital Goods cannot be returned and no reflection period is applicable under Article 6:230 p sub e of the Dutch Civil Code.

5. Prices, payment and cancellation fee
Convious sells Digital Goods on behalf of Event Holders that ultimately determine the price of Digital Goods and number of available places. Customer is bound to pay the price for ordered Digital Goods only and exclusively to Convious and is not relieved of its payment obligations towards Convious should Customer make payment directly to Event Holders. All prices of Digital Goods are stated in euros and include VAT and other taxes and/or fees, but exclude costs of transport, packaging, insurance, and export and import duties, unless stated otherwise. Customers bear these costs. Digital Goods remain the property of Event Holders until the Customer has paid the price in full. If Customer fails to pay the amount owed on time and/or in full, Customer shall owe Convious all statutory interest and extrajudicial costs of collection as follows:

  • If Customer is a consumer, extrajudicial costs of collection shall be calculated in accordance with the Extrajudicial Collection Costs Fees Decree to the extent that the unpaid amount – once default has occurred – is not paid in full after demand for payment within 14 days as from the day following the date of the demand for payment by Customer; or

  • if Customer acted in the exercise of a profession or business the extrajudicial collection costs shall be set, without need to make any demand or give default notice and contrary to Article 6:96 paragraph 4 of the Dutch Civil Code and in departure from the Extrajudicial Collection Costs Fees Decree, at a sum equal to 15% of the total unpaid principle but no less than EUR 75.00.

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In the event of a cancellation of Digital Goods which entitles Customer to a refund of (a part of) the purchase price paid for Digital Goods, Customer shall owe Convious a cancellation fee equal to 9% of the amount refunded to Customer pursuant to this cancellation. Convious shall be entitled to withhold this cancellation fee from any refunds made to Customer.

6. Delivery

Before purchasing Digital Goods, Customer must check whether the correct Digital Goods are selected or ordered. When purchasing Digital Goods, Customer must always use a correct and accurate e-mail address to which Convious will send Digital Goods as soon as possible after Digital Goods are purchased and the order is confirmed. Delivery dates are only indicative. Convious is not liable for any failure to meet the delivery date. Customer cannot annul or terminate an Agreement when a delivery date is not met, unless provided for by mandatory statute. After receipt by electronic means, the risk of loss, theft or misuse of Digital Goods shall pass to Customer.
Convious is not liable for any delay in delivery or loss due to use of e-mail, internet, or other means of communication. Upon receipt of Digital Goods, Customer is bound to review these Digital Goods for accuracy and to comply with any additional instructions given on these Digital Goods or its transmitting e-mail. Convious and/or Event Holders are entitled to set a limit to the number of Digital Goods that can be reserved and/or purchased by Customer, primarily to prevent misuse and/or unfair ticketing purchasing practices. Convious and/or Event Holders are entitled to cancel any order or purchase of Digital Goods if Convious and/or Event Holders have an indication or suspicion that Customer misuses the possibility to purchase Digital Goods via Convious and/or Customer is part of unfair ticket purchasing practices.

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7. Relocated, changed or cancelled Events​

Event Holders are entitled to relocate, change or cancel an Event in accordance with Event Holder’s terms and conditions. Convious is not liable for compensation towards Customer in case of relocated, changed or cancelled Events. Customer is responsible for checking whether an Event has been relocated, changed or cancelled and to ascertain, if applicable, the new time or location. Should Convious become aware of a relocation, change or cancellation of an Event, it will attempt to inform Customer hereof. Convious cannot guarantee that Customer shall be informed prior to the date of the Event, and Convious shall not be liable for any costs incurred in this regard. Only if and to the extent that an Event Holder gives Convious instructions to make restitution of the purchase price for Digital Goods, Convious will proceed to do so. This restitution of the purchase price will not concern any products or services sold via Upsell. Event Holders may set additional terms and conditions in this matter with which Customer must comply.

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8. Intellectual property rights

The intellectual property rights vested in or used for Digital Goods of Convious and/or Event Holders are owned by or licensed to Convious and/or Event Holders and may not be duplicated or transferred or given in use to third parties without the prior written consent of Convious and/or Event Holders. Digital Goods may not be copied or forged or reproduced in any manner by Customer.

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9. Personal data

Convious will process personal data of Customer in compliance with its privacy policy, which can be consulted here. Convious will solely process this personal data in compliance with the privacy policy applicable at the time of the collection of this data. Customer warrants the accuracy of its personal data provided and will notify Convious immediately when Customer’s personal data is incomplete or inaccurate. Customer bears the risk of loss, theft or misuse of Digital Goods should any personal data of Customer be inaccurate or incomplete. If Convious is unable to contact Customer and is therefore unable to check Customer’s personal data, Convious shall be authorised to cancel the reservation and to sell the Digital Goods to another Customer. Convious shall not be liable for the processing of personal data of Customer by Event Holders.

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10. Liability

Convious is not liable for damages and/or costs on the part of Customer consequent to acts and/or omissions of Event Holders and/or the quality, content and fulfilment of Events. If and insofar as Convious should be liable despite the above, the amount of damages shall be limited to the largest sum paid by Customer for the Digital Goods concerned or the amount paid out by Convious’ insurers, unless the damage is due to wilful recklessness or intent on the part of Convious.
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11. Force majeure
Convious is not bound to meet its obligations pursuant to the facilitation of the Agreement if it cannot do so in consequence of circumstances outside its control (force majeure) and/or Convious cannot be blamed in terms of the law, a legal act of generally accepted standards.

12. Applicable law and disputes

These Terms of Services and the Agreement shall be governed by Dutch law. All disputes between Convious and Customer that may arise from an Agreement or the order of Digital Goods via the website of an Event Holder shall be submitted to the competent court in Amsterdam, unless Convious chooses to bring the action before the court of Customer’s place of residence or some other court with jurisdiction under the law. The Vienna Sales Convention explicitly does not apply.

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13. These Terms

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These terms and conditions govern your access to and use of the Convious Services and/or Convious Platforms and, together with our Privacy Policy, constitute a legal agreement between You and Convious. By downloading, accessing or otherwise using the Convious Services and/or Convious Platforms, you are confirming that you have read, understood and agreed to these Terms and those of the Privacy Policy.