Vendor Agreement

By signing up as a vendor with Gogoevent.com.my, you agree with the terms and conditions below:

 

    1.APPOINTMENT

    The Organizer appoints Gogoevent as its exclusive/non-exclusive ticketing agent for the series of events as specified in the “Particulars of Engagement” (Appendix A).

    </if exclusive/The Organizer will not appoint any other person or entity to provide ticketing services in respect of the event(s)>

    </if non-exclusive/The Organizer may appoint other persons or entities to provide ticketing services for the event(s)>

    The Organizer hereby warrants that the Particulars of Engagement provided to Gogoevent shall be complete factual and accurate in its material particulars.

     

    2.INSTRUCTIONS

    1. The particulars of Event/s, including the nature and name of the event;
    2. The details of the venue/s at which the Event will be held;
    3. The location (address) where the Event/s is to take place, and the particulars of the actual venue/s (such as an auditorium, an exhibition centre or similar) where the Event is to take place;
    4. The date/s and time/s of the Event/s and performance/s, if any;
    5. The Refund Policy (applicable to the refund of the sale price of tickets);
    6. The ticket price information and breakdown;
    7. The ticketing configurations (including admission types, event attendee capacity, and the seating plan at the venue, as is applicable);
    8. Any other relevant information, documents and materials relating to the Event and the Venue, including promotional and marketing literature.

     

    3.CHANGES TO INSTRUCTIONS

    1. The Parties agree that Gogoevent, exercising its best judgment, and in consultation with the Organizer, shall be entitled in its sole discretion to recommend and make changes to the particulars set out in Appendix B. This shall include changes which are required to comply with the technologies employed by Gogoevent in arranging and managing the ticketing requirements of the Organizer.
    2. The Organizer agrees to indemnify Gogoevent of all costs (if any) incurred in changing the information or altering the ticket system, as a result its instruction, to enable the new information to be programmed.

     

    4.TICKETS

    1. The Organizer warrants that it shall honor all Tickets sold and issued by Gogoevent on behalf of the Organizer (hereinafter referred to as “Tickets”) in connection with the Event(s).
    2. The Organizer acknowledges and agrees that Gogoevent does not make any guarantee regarding the minimum or fixed number of Tickets that shall be sold by Gogoevent for any Event(s).
    3. The Organizer acknowledges that the ticketing services provided by Gogoevent shall issue tickets in electronic form, and physical or paper tickets shall not be issued by Gogoevent.

 

    5.INTERRUPTED, CANCELLED, OR POSTPONED EVENTS

    1. The Organizer hereby irrevocably undertakes that it shall be liable for and shall immediately (or in a reasonable time) make any and all refunds to customers where an Event was interrupted, cancelled or postponed and customer has asked for refund.
    2. If an Event is interrupted, cancelled, or postponed, the Organizer shall notify Gogoevent as soon as possible after the interruption, or after the decision to cancel or postpone is made, and the Organizer shall indemnify Gogoevent against any and all demands, costs, and expenses arising from or in connection with the interruption, cancellation or postponement. The indemnify shall continue to operate not with standing the termination or expiration of this agreement for any reason.
    3. If an Event is interrupted, cancelled, or postponed, AND all or any of the tickets are refundable, the Organizer may elect one of the followings: -
      • The Organizer shall instruct Gogoevent to make refunds to all customers or attendees, whereupon Gogoevent will impose a Refund Administrative Charge as detailed in this Agreement.
      • The Organizer shall handle itself all the requested refunds independently of Gogoevent.

 

    6.Gogoevent CHARGES

    The Parties agree that the charges and rates which Gogoevent may impose upon the Organizer are as follow: -

    1. Handling Fee, at the rate of 6% of the ticket price or a minimum of RM2.00 exclusive the Malaysia Sales and Service Tax (SST) is levied on the Organizer for each ticket sold, of which it is included in the Tickets sold. The same fee shall apply should subsequently a refund is made as a result of Event’s interruption, cancellation or postponement by the Organizer.
    2. Refund Administrative Charge of 6% of ticket price or a minimum of RM2.00 exclusive the Malaysia Sales and Service Tax (SST) as may be imposed by the regulatory upon the Organizer once the instruction is given to Gogoevent to commence refund procedures due to interruption, cancellation or postponement of an Event.
    3. any other charges as imposed by law.

 

    7.TICKETING PROCEEDS

    All ticket proceeds collected by Gogoevent on behalf of the Organizer shall be deposited to the Organizer’s “Company Bank Account” specified in Appendix A within 14 working day after the conclusion of the event.

     

    8.ELECTRONIC MAILS & NOTIFICATIONS

    Gogoevent may make available to the Organizer features which allow the Organizer to contact other users using Gogoevent’s electronic mail or notification system, either through SMS-es, emails or in-App Notifications (hereinafter referred to as “Electronic Notifications”.) In the event that the Organizer opt to make use of these Electronic Notification Tools via Gogoevent, the Organizer represents warrants and agrees that;

    • it has all the right and authority necessary to issue the said Electronic Notifications to the addresses on its recipient list, including without limitation, such addresses which were gathered on an opt-in basis in any jurisdiction where there is a requirement by the applicable local, state, provincial, national or other laws, rules or regulations, and its emailing to such addresses complies with the privacy policy under which the recipient emails were gathered and which was disclosed to the recipients at the time of gathering;
    • its use of the Electronic Notifications is in compliance with all applicable local, state, provincial, national and other laws, rules and regulations, including those relating to spam and email;
    • its use of the Electronic Notification Tools is solely to advertise, promote and/or manage a bona fide Event that you have listed on the Services;
    • it will not use false or misleading headers or deceptive subject lines in emails sent using the Email Tools;
    • it will not email to any person that knowingly or have reason to know that he/she has opted out of receiving emails.

     

    9.REMEDIES

    If the Organizer fails to abide by any of the foregoing rules and requirements, or if your Event results in bounce rates, complaint requests in excess of industry standards, Gogoevent may, among other actions, limit or suspend the Organizer’s Event in our website.

     

    10.REPRESENTATIONS & WARRANTIES

    The Organizer hereby warrants and undertakes that it is capable of granting the rights Described herein to Gogoevent including the grant of the ticketing services described herein.

    The Organizer further warrants and guarantees that:

    • it has the contractual, hiring or licensing arrangements in place for holding the Event at the Venue;
    • it has all the necessary licenses, permits and permissions to hold the Event at the venue from the Regulatory Authorities.

     

    11.TERMINATION & DEFAULT

    If either party defaults on any of its material obligations, representations, or warranties under this Agreement, then the non-defaulting Party shall notify the other Party in writing, specifying in detail the nature and extent of breach. If the breach is not remedied within 30 days following the notice given, this Agreement is terminated.

     Either Party may terminate the Agreement immediately by giving the other notice in writing.

     

    12.INDEMNITY

    1. The Organizer hereby agrees to indemnify and keep Gogoevent indemnified against any and all expenses, losses, damages and costs (including legal costs) which Gogoevent may bear, sustain or incur as a result, whether directly or indirectly of:
      • any breach, non-observance, or non-performance of the Agreement by the Organizer (including any of its authorized officers, servants, or employees);
      • any loss of or damage to any property or injury to or death of any person caused by any negligent act or omission or willful misconduct of the Organizer (including any of its authorized officers, servants, employees or agents).
    2. The Parties understand and agree that the indemnities specified in the foregoing provision shall be treated as continuing indemnities and shall survive the termination of this Agreement.

     

    13.PRIVACY & CONFIDENTIALITY

    Confidential Information means information which is disclosed by one Party to the other party pursuant to this Agreement (whether orally, in writing or using any other medium) which is by its nature confidential or is expressly stated to be ‘Confidential’. For the avoidance of doubt, Confidential Information shall include the sale and pricing practices of either Party, its business practices, its trade secrets and its proprietary information (including the client or customer databases of either Party).

    Privacy and Confidentiality - Each Party undertakes that it shall, at all times during the continuance of this Agreement and for Five (5) years after its termination keep confidential all Confidential Information of the other Party.

     

    14.RELATIONSHIP WITH PARTIES

    1. This agreement constitutes the entire agreement between the parties as to its subject matter.
    2. The parties acknowledge that there is no other understanding, agreement, warranties, representation or indemnity, whether expressed or implied or whether given or reached prior to or at the same time as this agreement, in any way relating to these provisions or any of the matters to which this agreement relates, other than any warranty implied by statute the operation of which cannot be excluded.
    3. The parties agree that they are not intending to form any partnership or other relationship other than the appointment of Gogoevent as independent contractor and service provider to the Client. Neither party may blind the other.

     

    15.GOVERNING LAW

    This agreement shall be governed by the laws of Malaysia and the Parties hereby submit to the exclusive jurisdiction of the High Court of Malaya.

     

    16.ADVERTISING & PROMOTION

    1. In arranging and effecting the preparations of the marketing materials for theEvent(s), the Organizer shall make all reasonable efforts to display the name of Gogoevent, and the current logo of Gogoevent. Gogoevent must provide up-to-date materials and information necessary to enable the Organizer to fulfill its obligations under this clause.
    2. Gogoevent logos must be approved prior to its commercial use.