The following terms set forth the terms and conditions upon which you may use the Services to create, promote and/or collect sales proceeds from (a) the sale of tickets, registrations, or other items (e.g., merchandise; travel; lodging) related to an event, or (b) the solicitation of event-related donations (such sales proceeds and donations collectively “Event Registration Fees”) (this “Merchant Agreement”), and specifically applies to those who use the Services for such purposes (“you” or “Organizer(s)”). Where applicable this Merchant Agreement will apply to Organizers that use the Services to offer registrations to events that are free to attend (e.g., Section 2.1(d), Fees).
This Merchant Agreement and the rights and obligations contained in this Merchant Agreement are in addition to and are incorporated into the Terms of Service by reference. Nothing in this Merchant Agreement shall be deemed to modify, waive, amend or rescind any other term of the Terms of Service. In the event of any conflict between the Terms of Service and this Merchant Agreement, the Merchant Agreement will prevail only to the extent of the conflict.
IMPORTANT NOTICE: THE TERMS OF THIS MERCHANT AGREEMENT SUPPLEMENT OUR TERMS OF SERVICE. PLEASE READ THOSE TERMS OF SERVICE CAREFULLY, INCLUDING THE SECTION ON ARBITRATION AND CLASS ACTION WAIVER.
Additional Registration Information
As part of the creation of a paid event or at any time following such creation, you may be required by Jangubuzz to provide additional information (beyond the information required to register for the Services) about yourself, the entity you represent (if any) and the principals/beneficial owners of the entity you represent (if any) (collectively, “Additional Registration Data”). As an example, the Additional Registration Data may include a current address, doing business as (DBA) names, description of products, website address, bank account or other payment account information, Tax Identification Numbers, date of birth, passport or driver’s licence number, country of origin, copies of government identification documents and other personal information. This information may be used to verify your identity, the validity and/or legality of your transactions and/or whether you qualify to use the Services for paid events. You agree to: (a) provide this information in a timely, accurate and complete manner and (b) maintain and promptly update this information in a timely manner to ensure it remains accurate and complete at all times.
Failure to Provide
We reserve the right to suspend your Jangubuzz account or to withhold any amounts due to you in the event that we reasonably believe that your Registration Data or Additional Registration Data is inaccurate or if you fail to provide all Registration Data or Additional Registration Data within the timeframes requested.
Payment Methods; Payment Process
(a) Payment Methods.
There is one type of payment processing option available to Organizers to collect sales proceeds for paid events: “Jangubuzz Payment Processing” or “JPP,” which consists of collecting Event Ticketing Fees using a third-party payment service, such as Stripe Inc.; in which Jangubuzz acts as Organizer’s limited payment collection agent for the purpose of collecting Event Ticketing Fees through its Payment Processing Partners (as defined below).
(b) Jangubuzz’s Role.
For the avoidance of doubt, Jangubuzz does not and will not provide banking, deposit taking, stored value, insurance or any other financial services to an Organizer other than, for Organizers using “JPP”, serving as a limited payment collection agent as set forth below. To provide the JPP Service, Jangubuzz utilizes third party gateways, payment processors, merchant acquirers and/or merchant acquiring banks with which we have relationships (collectively, “Payment Processing Partners”) and both Organizers and Jangubuzz are subject to the rules and regulations of such Payment Processing Partners. For convenience, Jangubuzz shows you a balance of proceeds for every single one of your events in your Jangubuzz account, however, that balance merely reflects the amount of Event Ticketing Fees collected by our Payment Processing Partners (JPP), and only represents a general unsecured claim against Jangubuzz and not a store of value or a deposit/current account.
Upon an order being placed by an Attendee and confirmed through Jangubuzz, Jangubuzz generates a confirmation message and issues a unique confirmation number for such Attendee’s order. Organizer agrees to unconditionally accept, honor and fulfill all ticketing commitments that have been confirmed by Jangubuzz through the Services, and it is Organizer’s responsibility to verify an Attendee’s confirmation number and/or any event restrictions prior to the applicable event.
Organizer agrees to pay Jangubuzz all applicable service fees required for use of the Jangubuzz Services (the “Jangubuzz Service Fee”). In most instances, the Jangubuzz Service Fee is applied to each Event Ticketing Fee received by the Organizer via the Services. To the extent Organizer uses JPP, Organizer also agrees to pay Jangubuzz, where applicable, the additional Jangubuzz Payment Processing fee (the “Jangubuzz Payment Processing Fee”) for each Event Ticketing Fee, which Jangubuzz Payment Processing Fee may include without limitation, a processing fee applied to the Jangubuzz Service Fee. The Jangubuzz Service Fee and the Jangubuzz Payment Processing Fee vary by things such as, and without limitation, Services available, country, and processing currency. The current fees, as well as Services included as part of the Fees, can be found at https://jangubuzzapp.com/pricing (the “Pricing Page”). Note that these fees, and any accompanying included Services, are subject to change from time to time with respect to either transactions or events that occur following the change. Fees collected by Jangubuzz are non-refundable for any reason.
Invoices for the remaining Fees (backed out payments, bounced checks, late payment fees )are sent to Organizers monthly for Fees incurred in the previous month. All invoices are due and will be payable within thirty (30) days of delivery of the invoice.
Jangubuzz Payment Processing
(a) Payment Process
When using JPP, payment processing occurs directly through our Payment Processing Partners. Within five (5) business days after the successful completion of an event, Jangubuzz will advise our Payment Processing Partners to pass along all Event Ticketing Fees related to such event that have been collected by our Payment Processing Partners, subject to (i) deduction of all applicable Fees then due; (ii) our right of setoff against any debts or other amounts owed to us under this Merchant Agreement; (iii) any other deductions authorized pursuant to this Merchant Agreement; and (iv) any reserves established as set forth in subsection (f) below. Such payouts will be made only to the payout information designated by Organizer on the Services under “Payment Options.” Payouts are primarily made by Jangubuzz in CAD, to Organizers with Event Ticketing Fees accrued, Via a Direct deposit Or by check, to the payout destination of their choice. You agree that, regardless of the payout option used by Jangubuzz to make a payout to you, you shall not use any information related to that payout method (including, but not limited to, any check or check information), or request such information with an intent to use it, for any purpose that you know or should know to be fraudulent, erroneous or otherwise in violation of this Merchant Agreement.
You understand and agree that you are responsible for maintaining the security of and control over any check issued to you under the Terms of Service, including this Merchant Agreement. If a check we issue to you is lost, stolen, or otherwise fraudulently or erroneously obtained or presented, you agree that you are responsible for any and all losses arising for the loss, theft, or misuse of the check. You agree that we are entitled to pay any check issued to you under the Terms of Service, including this Merchant Agreement, regardless of who presents the check for payment and regardless of whether the check was lost, stolen, or otherwise fraudulently or erroneously obtained or presented. To the maximum extent permitted by applicable law, and in addition to other limitations of liability set forth in the Terms of Service, including this Merchant Agreement, you agree that we will not be liable for any check we provide to you, or any loss arising therefrom, that is lost, stolen, fraudulently, or erroneously obtained, endorsed, cashed, or deposited.
You agree to reimburse us for all claims, losses, costs, and damages we incur regarding any check issued to you, and you agree to reimburse us for all claims, losses, costs, and damages we incur because the check is cashed or deposited more than once, resulting in duplicate payments.
For Direct deposit payouts, if any bank account number you provide to us, including a bank account number you provide as part of your Additional Registration Data, is inaccurate, you agree that we are still entitled to make payment to the account number you provided, even if the bank account is not owned by you. You agree that we may rely solely on the bank account number you provide to us as the proper identification of your bank account, even if the bank account number identifies a different account from your account. You also agree to reimburse us for any losses or expenses we incur as a result of our reliance on any bank account number you provide to us.
You agree that we may, from time to time, in our sole discretion, without notice to you, setoff against your reserve, setoff against any Event Ticketing Fees you receive, or both, based upon the level of refunds, disputed charges, chargebacks, customer complaints, allegations of fraud, changes in your credit profile or the underlying event(s)’ risk profile, fraudulent conduct by you or anyone acting on your behalf, or breaches of the Terms of Service, including this Merchant Agreement. We may exercise such setoff rights before we make any payout, whether by Check or by Direct deposit, to you. We are not liable to you for any claims resulting from our decision to exercise our setoff rights. We may also exercise any of our rights and remedies under Section 2.5 of this Agreement regarding recovery of such amounts due and payable to us from you.
(c) Appointment as Agent.
With respect to any events for which Organizer uses JPP, Organizer hereby appoints Jangubuzz as Organizer's limited payment collection agent solely for the purpose of collecting payments made by Attendees for such events through our Payment Processing Partners. Organizer agrees that a payment made by an Attendee to Jangubuzz shall be considered the same as a payment made by an Attendee directly to Organizer and Organizer will sell or provide Ticketing services to the Attendee as if Organizer had directly received the Event Ticketing Fees from such Attendee, regardless of whether the Event Ticketing Fees have yet to be received from Jangubuzz. Organizer agrees that in its role as limited agent, Jangubuzz is authorized to (i) hold, disburse and retain proceeds on Organizer’s behalf pursuant to this Merchant Agreement; (ii) issue refunds to Attendees as set forth in Section 2.4 below; and (iii) manage credit card chargebacks as set forth in subsection (iv) below. In accepting appointment as the limited agent of Organizer, Jangubuzz assumes no liability for any acts or omissions of Organizer and Organizer understands that Jangubuzz’s obligation to pay Organizer is subject to and conditional upon receipt of the associated Event Ticketing Fees from Attendees. Organizer further authorizes Jangubuzz to delegate its obligations under this Merchant Agreement to certain of its affiliated entities both within and outside Canada, provided, that Jangubuzz will remain liable for the discharge of its obligations under this Merchant Agreement by such affiliated entities.
(d) Cancellations; Nonperformance.
No payments shall be made to Organizer with respect to any event that is cancelled or with respect to which Jangubuzz believes there is a risk of cancellation or non-performance, unless Jangubuzz receives adequate security (as determined by Jangubuzz in its discretion) for Organizer’s obligations under this Merchant Agreement. In addition, no Event Ticketing Fees for a given event shall be earned until that event is successfully completed. If payments have already been made to an Organizer for a cancelled event, Organizer will immediately refund to a payment address designated by Jangubuzz all such payments upon cancellation of such event for the purpose of effecting refunds if refunds are being made under Section 2.4. You are responsible for complying with the requirements of Section 2.4 and the requirements of Jangubuzz’s Organizer Refund Policy Requirements, which are in addition to and are incorporated into the Terms of Service by reference. If you do not remit funds to Jangubuzz that are sufficient to cover refunds due to Attendees for an event cancellation or non-performance, including, but not limited to, any mandatory refunds under Section 2.4(c) below, then you acknowledge and agree that the unremitted amount will become due and payable to us under these Terms of Service, including this Merchant Agreement, and subject to a setoff right until you have satisfied the amount in full. Such unremitted amounts are also subject to the provisions of Sections 2.3(f) and 2.5 of this Merchant Agreement.
(f) Reserves and Jangubuzz Right of Setoff.
Jangubuzz reserves the right to retain a certain percentage of Event Registration Fees (with such percentage being determined by Jangubuzz in its discretion) to fund a reserve (i) at any time as we determine in our discretion to be necessary based upon the level (or expected level) of refunds, disputed charges, chargebacks, customer complaints, allegations of fraud or changes in Organizer’s credit profile or the underlying event(s)’ risk profile; and (ii) as otherwise necessary to secure the performance of your obligations under the Terms of Service, including this Merchant Agreement, or to protect Jangubuzz against fraudulent or erroneous activity. Jangubuzz’s right to hold a reserve shall continue following the applicable event(s) and until either (A) Organizer has discharged all obligations under the Terms of Service and the applicable periods for refunds, disputed charges, chargebacks, and complaints have passed; or (B) Jangubuzz determines it no longer has risk or exposure that would otherwise be mitigated by the reserve. Further, the reserve is subject to the right of setoff as set forth in Section 2.3(b). In the event that the exercise of our setoff right does not fully cover the amount of funds due and owing from you to us under these Terms of Service, including this Merchant Agreement, then such amount of funds shall be deemed due and owing to us until you have satisfied the amount in full.
(g) Chargebacks; Reversals.
Any credit card chargebacks or other transaction reversals initiated against Jangubuzz or its affiliates for any reason (except to the extent they are caused solely by Jangubuzz’s negligence or willful misconduct) with respect to an Organizer’s event and all related credit card association, payment processing, re-presentment, penalty and other fees and expenses incurred by Jangubuzz or its affiliates in connection with such chargebacks shall ultimately be the responsibility of Organizer, and Organizer agrees to promptly and fully reimburse Jangubuzz for such amounts on demand. As part of Jangubuzz’s limited payment collection agency, Jangubuzz will use commercially reasonable efforts to manage the re-presentment of such chargebacks and reversals on behalf of Organizer and Organizer hereby authorizes Jangubuzz to do so and agrees to use reasonable efforts to cooperate with Jangubuzz in such re-presentment. However, Jangubuzz shall have no obligation to re-present any chargeback that it believes in its discretion it is more likely than not to lose or that relates to a transaction that should be refunded in accordance with the Organizer’s refund policy or the provisions of Section 2.4(c) below. Understanding the nature of the Payment Scheme Rules (as defined below) and the discretion that they provide to the Card Schemes and Alternative Form of Payment Frameworks, both parties agree that Jangubuzz’s loss of any chargeback that has been re-presented by Jangubuzz shall not in any way limit Organizer’s obligation to reimburse Jangubuzz and its affiliates under this paragraph.
Jangubuzz only provides the Jangubuzz Payment Processing Service for certain currencies and for Organizers in certain locations further detailed on our processing partner’s (Stripe Inc.) “Supporting Currencies” page at https://stripe.com/docs/currencies. In addition, Event Ticketing Fees collected in a currency may only be paid out to Organizer in the currency in which they are collected. Jangubuzz does not provide currency conversion services.
(i) Payment Scheme Rule.
The Card Schemes require that you comply with all applicable bylaws, rules and regulations published by them from time to time (collectively, the “Payment Scheme Rule”). We may be required to change this Merchant Agreement in connection with amendments to the Payment Scheme Rule. In agreeing to use JPP, you are currently subjected to only one Payment Scheme Rule and subsequent changes to the Payment Scheme Rule will be updated in the Merchant Agreement; and can also be found in the Terms of service. You agree to comply with any applicable Payment Scheme Rule as in effect from time to time. The Payment Scheme Rule, includes without limitation, a requirement to submit only bona fide transactions, limits on how you use the Card Scheme logos and trademarks and authorization to use certain of your information to show that you participate in the Card Schemes. The Payment Scheme Rule is publicly available from the websites of the related Card Schemes.
(a) Refund Policy and Process.
Regardless of what payment method is selected, Organizer agrees to communicate a refund policy to Attendees with respect to each event posted on the Services that meets the requirements of the Jangubuzz’s Organizer Refund Policy Requirements available here and to administer such policy in accordance with its terms. The Organizer Refund Policy Requirements are incorporated by reference into this Merchant Agreement. All refunds for JPP transactions must be processed through Jangubuzz, unless otherwise agreed by Jangubuzz. For JPP transactions, Organizer can issue refunds to Attendees directly through the Services within certain windows permitted by our Payment Processing Partners. (i) In the event of a cancellation, Organizer agrees to issue refunds to Attendees through the refund function on the app. Attendees can also request for refunds in-app, in the event Organizer does not issue out ticket refunds in a timely manner. In this case, Jangubuzz reserves the right to withhold payout to Organizer, and issue out refunds to ticket purchasers (excluding the JPP fees); even where Organizer refuses to refund ticket fees, after a request has been made. (ii) Organizer agrees that, unless otherwise mutually agreed (email acceptable) no refunds shall be made outside of the Jangubuzz platform (e.g. offline); (iii) Organizer agrees to notify Attendees of the event cancellation as soon as reasonably possible and prior to the event start time; (iv) Organizer acknowledges that Jangubuzz reserves the right to charge the Organizer for the cost of chargebacks related to the cancelled event, and such amounts are also subject to the provisions of Sections 2.3(f) and 2.5(a) and (b) of this Merchant Agreement.
(b) Refund Disputes.
Regardless of what payment method is selected, all disputes regarding refunds are between Organizer and its Attendees. In the event of a dispute, Jangubuzz may try to mediate, but ultimately it is Organizer’s obligation to settle the dispute. Notwithstanding the foregoing, with respect to JPP transactions, Jangubuzz shall have the right to make refunds on Organizer’s behalf as set forth in subsection (c) below.
(c) Mandatory Refunds.
Notwithstanding the foregoing, Organizer authorizes Jangubuzz to make refunds in the following situations (i) Organizer specifically authorizes the refunds at the time; (ii) the event description presented to an Attendee at time of purchase is significantly different from the actual event; (iii) Attendees are unable to attend the event due to failure of the Organizer to adequately plan for capacity, ingress or egress, or attendance will otherwise subject the Attendee to safety concerns; (iv) Jangubuzz believes in its discretion that specific orders should be refunded under the Organizer’s posted refund policy or the Organizer Refund Policy Requirements, including without limitation, that they are required by applicable local, state, provincial, national or other law, rule or regulation or the Payment Scheme Rule; (v) Jangubuzz believes in its discretion that the refund request, if not granted, will lead to a chargeback that Jangubuzz is more likely than not to lose; (vi) Organizer failed to list a refund policy on the applicable event page and Jangubuzz believes in its discretion that a refund would be reasonable under the circumstances; (vii) Jangubuzz believes in its discretion that specific orders are fraudulent (e.g., made with stolen credit cards or otherwise not bona fide transactions); or (viii)Jangubuzz believes in its discretion that the order is a duplicate. Organizer also authorizes Jangubuzz to make refunds of any and all orders (including those for unrelated events) if (A) Jangubuzz believes in its discretion that Organizer has engaged in any fraudulent activity or made any misrepresentations; (B) Jangubuzz believes in its discretion that there is substantial risk of nonperformance by Organizer with respect to the applicable event or future events; (C) Jangubuzz believes in its discretion that it is likely to receive complaints, refund requests, transaction reversals and/or chargebacks with respect to a substantial amount of orders; or (D) Jangubuzz believes in its discretion that Organizer is a Prohibited Merchant, has used the Services to process Prohibited Transactions or to manage Prohibited Events or that failing to make the refunds would otherwise expose Jangubuzz to legal liability. Because all sales are ultimately made by Organizers, Organizer hereby agrees to promptly and fully reimburse Jangubuzz and its affiliates upon demand for refunds that Jangubuzz makes pursuant to this Merchant Agreement, other than to the extent that the necessity for such refunds is caused by Jangubuzz’s negligence or willful misconduct. Organizer acknowledges and agrees that chargebacks will result in losses to Jangubuzz in excess of the amount of the underlying transaction and that by refunding transactions in advance of a chargeback, Jangubuzz is mitigating such losses and its damages with respect to Organizer’s breach of this Merchant Agreement. If you do not remit funds to Jangubuzz that are sufficient to cover mandatory refunds as described by this Section 2.4(c) for an event cancellation or non-performance, then you acknowledge and agree that the amount of such funds shortfall will become due and owing from you to us under the Terms of Service, including this Merchant Agreement, until you have satisfied the amount in full and such amounts are also subject to the provisions of Sections 2.3(f) and 2.5(a) and (b) of this Merchant Agreement.
Non-Exclusive Remedies; Taxes
(a) Non-Exclusive Remedies.
In the event that Organizer fails to pay to Jangubuzz any amount owed pursuant to the Terms of Service (including without limitation this Merchant Agreement) when due and following a late payment notice being delivered by Jangubuzz, such amount shall bear interest calculated from the date due until paid in full at a rate equal to the lesser of (i) two percent (2%) per month, compounded monthly; and (ii) the maximum amount permitted by applicable local, state, provincial, national or other laws, rules or regulations. In the event any amounts are owed by Organizer to Jangubuzz under the Terms of Service (including without limitation this Merchant Agreement), Jangubuzz may, without limiting its other rights and remedies and to the extent permitted by applicable local, state, provincial, national or other laws, rules or regulations (A) withhold any amounts due to Organizer, whether for a particular event or for any other event that Organizer lists through the Services and use the withheld amount to setoff the amount owed by Organizer to Jangubuzz; or (B) send an invoice to Organizer for such amounts to the extent Organizer’s outstanding balance is insufficient to cover these costs, in which case Organizer shall pay Jangubuzz such invoiced amounts within thirty (30) days after the date of the invoice. If payment for any amounts due to Jangubuzz hereunder is not made by Organizer when due and after receiving a late payment notice from Jangubuzz, Jangubuzz reserves the right, in its discretion and without limiting its other rights and remedies, to suspend or terminate Organizer’s registration for the Services (including any and all accounts that Organizer may have). In addition, any such unpaid amounts due and owing to Jangubuzz are subject to collections in accordance with Section 2.5(b).
(b) Collections; Costs of Recovery.
Jangubuzz reserves the right to pursue any late and unpaid amounts due and owing to Jangubuzz for collections, if such amounts are not paid within thirty (30) days after the date of the invoice. In addition, Organizer agrees to promptly and fully reimburse Jangubuzz upon its demand for all out-of-pocket costs and expenses, including without limitation, reasonable attorneys’ fees and expenses, incurred by Jangubuzz in collecting past due amounts or any other amounts due and owing from Organizer under this Merchant Agreement, the Terms of Service or otherwise. Organizer agrees that if Jangubuzz must seek collections for past due amounts and Organizer does not respond or pay in full after receiving a collection notice, Jangubuzz reserves the right to pursue outstanding balances through any available legal means in accordance with the Terms of Service.
i. You are solely responsible for determining which, if any, sales, use, amusement, value added, consumption, excise and other taxes, duties, levies and charges (collectively, “Taxes”) apply to your use of the Services and you agree that it is your sole responsibility to, and that you will, collect, remit and report the correct amounts of all such Taxes to the applicable governmental authorities. Jangubuzz does not provide any tax tools that would help you calculate your taxes for the event. If you do collect Taxes on the Services, those Taxes will be treated like Event Ticketing Fees and Jangubuzz will pay such amounts to you at the same time as the underlying Event Ticketing Fees. If you use any tax tools or tax calculators that require you to input a tax registration number, you represent and warrant that such tax registration number is true and correct. Jangubuzz cannot give you legal or tax advice, so please be sure to check with your own tax advisor about any applicable Taxes. In the event that a governmental authority requires Jangubuzz to pay any Taxes attributable to your use of the Services, you agree to promptly and fully reimburse Jangubuzz for such Taxes upon demand and all costs, penalties, interest and expenses related thereto. ii. Except as set forth in Section 2.5(c)(ii), in addition, due to CRA regulations, if Jangubuzz processes transactions and issues you payout (A) for more than twenty thousand dollars ($20,000) in gross sales; and (B) for more than two hundred (200) transaction orders, in each case during a given calendar year and in the aggregate across all of your accounts, Jangubuzz is required to report to the IRS (i) the gross amount of transactions for which you have been paid in that calendar year and in each month of that calendar year; (ii) your name; (iii) your address; and (iv) your Tax Identification Number (“Your Tax Information”). As part of these CRA regulations, Jangubuzz is required to either (A) collect Your Tax Information; or (B) establish that you are a foreign person not subject to US taxes, before your accounts pass the two hundred (200) order transaction threshold in the aggregate. Once your accounts cross the two hundred (200) order transaction threshold, you agree that you will not receive any further payments from Jangubuzz until either (A) or (B) above are satisfied. To learn more about these IRS regulations and why we are required to do this, see our 1099-K FAQ here. iii. Jangubuzz reserves the right to withhold the payment of any amounts owed to you hereunder and dispose of them as required by applicable local, state, provincial, national or other law, rule, regulation, judgment or order, in each case as determined by Jangubuzz .
If your account has had no activity for a period of time set forth in applicable unclaimed property (e.g., escheatment) laws and we hold funds related to your account, then we will notify you as required by applicable laws. If you do not claim your unclaimed funds within the timeframe notified to you, then we will escheat them to the applicable governmental authority in accordance with applicable laws.
Prohibited Merchants; Prohibited Events; Prohibited Transactions
By registering for the Services and accepting this Merchant Agreement, you represent and warrant that: (a) you are not located in, and you are not a national or resident of, any country to which Canada, United Kingdom, European Union, Australia or the United States has embargoed goods and/or services of the same type as the Services (“Restricted Countries”); (b) You are not a person or entity or under the control of or affiliated with a person or entity that (i) appears on the Canada Office of Foreign Assets Control’s Specially Designated Nationals List, Foreign Sanctions Evaders List or Palestinian Legislative Council List; (ii) appears on the Canada Department of State’s Terrorist Exclusion List; (iii) appears on the Bureau of Industry and Security’s Denied Persons List; (iv) appears on the Consolidated List of Targets published by the U.K. HM Treasury; (v) appears on the Consolidated List published by the A.U. Department of Foreign Affairs and Trade or (vi) is subject to sanctions in any other country; and (c) You are not listed in the MasterCard MATCH terminated merchant database or Visa terminated merchant file and your right to access each Card Scheme and each Alternative Form of Payment is not presently revoked or suspended. If you fall into any of the categories set forth above, as determined by Eventbrite in its discretion, you are a “Prohibited Merchant.”
You may not use JPP to process any of the following transactions and you represent and warrant that you will not submit for processing through the Services: (a) any transaction that would violate the Payment Scheme Rules; (b) any transaction that is fraudulent or criminal in nature; (c) any transaction that would constitute a “restricted transaction” as defined in the Unlawful Gambling Enforcement Act of 2006 or Regulation GG; and (d) any transaction that would constitute sending money to another party other than for the purchase of bona fide tickets or registrations to, or solicitation of a donation for, events, or sale of items related to such events. Any transaction that falls into any of the categories set forth above, as determined by Jangubuzz in its discretion, is a “Prohibited Transaction.”
In the event that Jangubuzz discovers that you are a Prohibited Merchant, that you have posted a Prohibited Event and/or that you have attempted to process or processed a Prohibited Transaction, then Jangubuzz may take any or all of the following actions in its discretion in addition to any and all remedies that Jangubuzz may have under the law or elsewhere in the Terms of Service: (a) suspend or terminate your Jangubuzz account; (b) alter, edit, or remove any Prohibited Event or any portion thereof; (c) block, reverse or refund any or all of your transactions; (d) hold any and all funds associated with your account to the extent required by applicable local, state, provincial, national or other law, rule, regulation, judgment or order; and (e) refer you, your events and/or your transactions and information relating to the same to our Payment Processing Partners, the Card Schemes, the Alternative Form of Payment Frameworks and/or applicable law enforcement agencies for further action.
Representations And Warranties
In addition to the representations and warranties contained herein, you represent and warrant to us that (a) if you represent an entity, that entity is duly organized, validly existing and in good standing under the laws of the state, province or country of its formation; (b) you, or the entity you represent (if applicable), have all requisite power and authority to enter into this Agreement and to carry out the transactions contemplated hereby; (c) the entering into and performing of this Agreement by you, or if you represent an entity by the entity you represent, will not result in any breach of, or constitute default under, any applicable local, state, provincial, national or other law, rule, regulation, judgment or order, or other agreement to which you or it is a party, including without limitation, any other agreement for the sale of tickets or registrations; and (d) if you represent an entity, you have the full right, legal power and actual authority to bind such entity to the terms and conditions hereof.