Effective date: Last updated on 1 June, 2019.
1. Who we are
The owner of the mobile app “blixr app” (‘App’) as well as the website www.blixrapp.com is owned by blixr LTD. (hereinafter, blixr), registered at Kemp House, 152 - 160 City Road, London, EC1V 2NX.
blixr is a mobile app that drives users to consume offline services by providing curated set of restaurants and events based on its proprietary analytics of consumer data. blixr is able to drive traffic, generate demand and provide an avenue for marketing and advertising for merchants via the blixr app and/or blixr Website.
Through your blixr MERCHANT DASHBOARD is a secure portal account, you (hereinafter “you”, “the client”, “the Event Organiser”, “the merchant”) will be able to create and modify your own event/ experience or food section listings, record details of cash/revenue and view ticket sales reports. You will also be able to manage promotions and your subscription plans. Anytime there are modifications, these will have to be pre-approved by blixr before coming into effect.
blixr provides the technical infrastructure to enable online sales by Event Organisers (including restaurant listings). If you continue to use this App, you are agreeing to comply with and be bound by the following Terms, which govern the relationship with you in relation to the blixr App and to any of the platforms and services related to it and managed by blixr. If you disagree with any part of these Terms, please do not use our App or any of the blixr Services, participate in any activity, purchase or sell any ticket, product or purchase any other service offered through the blixr or any of the associated platforms.
We reserve the right at all times to discontinue or modify these Terms or any part thereof in our sole discretion, with or without notice. If we make changes that affect your use of the App, or our services, we will post notice of the change on the Terms and Conditions page via the App and/or Website. Any changes to these Terms will be effective upon our posting of the notice; provided that these changes will not apply to i) events created iii) restaurants listed or iii) Tickets sold prior to the effective date of such changes. You may close your account and you should not use the App or any of the services offered through the Website after the effective date of the changes in the event that you do not agree to such changes. You agree that posting notice of any such changes on the Terms of Service page is adequate notice to advise you of these changes, and that your continued use of the Website or any of the associated services or platforms will constitute acceptance of these changes and the Terms as modified.
This Merchant Agreement and the rights and obligations contained herein are in addition to and are incorporated into the Terms and Conditions and the specific Services Plan (‘Plan’) as selected by the User through the Merchant Dashboard. Nothing in this Merchant Agreement shall be deemed to modify, waive, amend or rescind any other term of the Terms and Conditions.
3. Registration and Account Security
As part of entering into this agreement (‘Terms’) or as part of the creation of an event or a restaurant listing or at any time following such creation, you may be required by blixr 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 license 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. If you provide any information that is untrue, inaccurate, not current or incomplete, or blixr has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, blixr has the right to suspend or terminate all of your accounts and refuse any and all of your current or future use of blixr.
During the blixr registration process, a unique account and password will be created. It is the responsibility of the Merchant to maintain the confidentiality of the password and account and are fully responsible for all activities that occur under your account, including without limitation, all actions by sub-users registered under your account. The Merchant must immediately notify blixr of any unauthorised use of your password or account or any breach of security. blixr cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorised access to or use of your account.
4. Use of Services
For the avoidance of doubt, blixr does not and will not provide banking, deposit taking, stored value, insurance or any other financial services to the Merchant other than serving as a limited payment collection agent as set forth below. To provide the EPP Service, blixr utilises third party gateways, payment processors, merchant acquirers and/or merchant acquiring banks, with which we have relationships (collectively, “Payment Processing Partners”) and both Merchant and blixr are subject to the rules and regulations of such Payment Processing Partners.
4.1 Services Plan
blixr operates a commission-based model. Details of this commission as applicable to you, the Merchant, are outlined in the Service Plan, which you can choose and have access to via the Merchant Dashboard. The Service Plan will outline the commission percentage applicable to your events and/or restaurant listings and any additional marketing/promotional services that will be included in your chosen Service Plan.
4.2 Event/Listing Registration
As part of the Services offered by blixr, the Merchant can create its own event and/or list their restaurant at no cost. For this matter, the Merchant will have to share some required information regarding the Merchant and the event/restaurant by filling in an online questionnaire, “Create your event in blixr”. The Merchant will have to proceed to complete all of the required fields in the questionnaire in order for the event to be eligible for evaluation by blixr.
Once the Merchant has submitted the form “Create your listing in blixr”, blixr will proceed to carry out the validation process, replying within 48 hours after the submission of such form. The validation process by blixr may result in two different responses:
A- Valid / Accepted:blixr will list the event/restaurant on the App. A shareable link will be provided for the Merchant to freely share and promote the Event/restaurant listing through his/her own means.
blixr reserves the right to its sole discretion to decide if an event/restaurant listing is compliant with blixr standards of quality and relevance in order to be on-boarded to and promoted in the App or any other blixr platform. In the case that blixr decides to promote the event through the blixr app, web or media network; blixr will charge commission to the Merchant, calculated over the total amount of the sales achieved through blixr platform in accordance to the selected Services Plan. The commission will be charged in addition to the incurred payment processing fees.
B- Rejected: blixr will contact the Merchant to inform him/her that the event/restaurant listing has been rejected and the rationale for rejection. In this case the event will not be promoted by blixr through its platforms, unless required updates are applied to meet the required quality of the listing.
4.2.1 Listing requirements
We have a set of policies that outline app-level requirements for your listing (event and/or restaurant). The Merchant agrees with the following requirements for their listings:
blixr reserves the right at its sole discretion to terminate or suspend any account or listing, or make use of any operational, technological, legal or other means available to enforce the Terms at any time, without liability and without the need to give you prior notice.
Accurate listing information. Your listing must include all relevant and accurate details on the event/restaurant, it’s location, date and any other details required. Similarly for restaurants, you must maintain accurate information of opening hours, menus and similar information, so as not to mislead the Customer.
The Merchant has full control over what discount percentage to offer on food items/events on each day of the week (if so they wish), and can choose to set no deals on particular days of the week should they so wish.Accurate contact information. Your listing must display sufficient and accurate contact information, including a telephone number and/or email.
Return policy. Your site must provide a clear and conspicuous return policy to users.
Keeping the account up to date. Sign in to the Merchant Dashboard account at least once in 7 days to help to ensure your account stays active and up to date. Ensure your listing is kept up to date. Listings must be up to date and any changes to your event/restaurant must be reflected on the App.
Do not solicit reviews. The best way to get reviews is to delight customers with your food and service. Selective solicitation is a strict NO, and offering any type of compensation or kick-back for reviews is unfair, so you definitely want to keep away from that, too.
Use original photos. Don’t post photos on your listing on the app, which are plagiarised/ blurry or unclear/ are not related to dine-in experience/ half-eaten food items, or any violating content.
4.2.2 General information for the use of blixr App
a) Service(s). blixr will provide users the reasonable advice regarding restaurant/event listings via blixr App. Merchants are fully responsible for the quality, safety, and delivery of the service items and shall adhere to all applicable laws and regulations in relation to the preparation, provision, and delivery of the service Items. Merchants will determine any quality, portion, size, ingredient or other criteria (including those of laws and regulations) that apply to the Items (“Criteria”) and are solely responsible for ensuring that the Items meet such criteria while they are available via blixr App. In the event of failing to provide Items that adhere to the Criteria (“Substandard Item”), blixr is under no obligation to retain such services on the blixr App.
(i) User/Buyer complaints received by blixr, which are directly or indirectly attributable to the quality of item(s) provided by the Merchant either through poor ratings, as defined by blixr, through calls placed with blixr or through any other means;
(ii) Breach of the provisions of the venue and event-related rules, including any other law applicable to the Merchant as outlined within this agreement;
(iii) Breach of the representations and warranties of the Merchant Partner; or
(iv) Any other material breach of the terms.
b) Pricing and Taxes. You are responsible for determining and setting the retail price (“Retail Price”) for each Item and duly informing blixr from time to time, including any Item discount(s)/discounts on offer from time to time. You shall be the “retailer” or “seller” of all Items for the purpose of any indirect tax (such as value added tax, sales tax, service tax, goods, and services tax) (“Indirect Tax”) and the responsible party for collection and remittance of applicable Indirect Tax. For the sake of clarity, the Retail Price for each Item shall include Indirect Tax, as applicable. You undertake that all applicable taxes on item(s) & delivery would be deposited by you with the government treasury within stipulated timelines. Except as may be expressly agreed in this Terms, each party shall be responsible for its expenses and costs during its performance under this Terms.
c) Notwithstanding these Terms, blixr reserves the right to temporarily discontinue Services or permanently terminate with immediate effect for material breach or non-compliance by the Merchant, which includes, but is not limited to, the following instances:
d) In case of complaints. From the User pertaining to item quality, or any other such issues, blixr shall notify the same to Merchant and shall also redirect the Buyer to the consumer call center of the Merchant. Merchant shall alone be liable for redressing and bound to take action on the complaints by the User. blixr has the right to share with the Merchant, the relevant information including the Merchant details to enable satisfactory resolution of the complaint. blixr shall in the interest of satisfactory resolution of the Complaint, share with the User, relevant information pertaining to the Order along with Merchant details.
e) Notice period. In the event that the Merchant desires to terminate the Agreement or any Services hereunder, the Merchant shall provide at least sixty -(60) days prior written notice of the termination date to blixr.
4.3 Payments; Processing of blixr Commission
a) Sales made through events promoted on any of the blixr Applications
After the finalisation of the event, blixr will proceed to pay the Merchant an amount equivalent to the face value of the sales made through the blixr platforms net of (i) the value of the Commission charged in line with the selected Services Plan (ii) our right of setoff against any debts or other amounts owed to us under this Merchant Agreement; (iii) any other deductions authorised pursuant to this Merchant Agreement (including but not limited to any refunds to be made to customers as a result of cancellation and net of any chargebacks as set below) ; and (iv) any reserves established as set forth in Section 5.1.(b). Such payment will be made on the 1st or the 16th of the month, whichever is closer, after the finalisation of the event in an account specified by the Merchant and by the means chosen by blixr.
b) Sales made through restaurant listings promoted on any of the blixr Applications
At the time of the settlement of the bill via the blixr App, blixr will proceed to the Merchant an amount equivalent to the face value of the sale made on both food and drink items through the blixr App, net of the value of Commission charged in line with the selected Services Plan. Such payments will be made within 24 hours after the settlement of the bill in an account specified by the Merchant and by the means chosen by blixr.
Note: it is responsibility of the Merchant to mitigate and deal with any issues that may occur during the patrons’ visit to the Merchant’s restaurant. Any refunds/deductions from the bill must be applied prior to the payment being processed via the blixr app.
Merchants do not need their own payment gateway to utilise the blixr payment processing option. Standard payment processing commissions apply and will be borne by the merchant. All money shall be paid into the bank account specified in your payment details. It is not the responsibility of blixr to verify bank details, but is the responsibility of the Merchant to ensure that accurate bank details are provided. blixr will not accept any responsibility if incorrect bank details have been provided by the Merchant, or their account Users and monies owed are paid into the wrong bank account.
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 Registration 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 and Conditions, including these Merchant Terms. We may exercise such setoff rights before we make any payout 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 6 of this Agreement regarding recovery of such amounts due and payable to us from you.
4.4 Appointment as Agent
The Merchant hereby appoints blixr as Merchant’s limited payment collection agent solely for the purpose of collecting payments made by Customers for such events and/or restaurant listings through our Payment Processing Partners. Merchant agrees that a payment made by a Customer to blixr shall be considered the same as a payment made by a Customer directly to the Merchant and the Merchant will sell or provide all advertised goods and services to the Attendee as if the Merchant had directly received the Event Registration Fees/ Restaurant Bill Settlement from such Attendee, regardless of whether the Event Registration Fees/ Restaurant Bill Settlement have yet to be received from blixr. The Merchant agrees that in its role as limited agent, blixr is authorised to (i) enable Customers to transfer or upgrade a ticket and/or registration (if such transfers are permitted by the Merchant during the event registration process); (ii) hold, disburse and retain proceeds on the Merchant’s behalf pursuant to this Merchant Agreement; (iii) issue refunds to Customers as set forth in Section 5 below; and (iv) manage credit card chargebacks as set forth in subsection 4.5 below. In accepting appointment as the limited agent of the Merchant, blixr assumes no liability for any acts or omissions of the Merchant and Merchant understands that blixr’s obligation to pay the client is subject to and conditional upon receipt of the associated Event Registration Fees and/or Restaurant Bill Settlements from Customers. The client further authorises blixr to delegate its obligations under these Terms to certain of its affiliated entities both within and outside the United Kingdom, provided, that blixr will remain liable for the discharge of its obligations under these Terms by such affiliated entities.
A chargeback occurs when a customer disputes a charge on their credit/debit card with our merchant services provider. When a chargeback occurs the merchant services provider will investigate as to whether the charge is to stand or be refunded to the customer.
Any credit card chargebacks or other transaction reversals initiated against blixr or its affiliates for any reason (except to the extent they are caused solely by blixr’s negligence or willful misconduct) with respect to a Merchant’s event and/or restaurant billing and all related credit card association, payment processing, re-presentment, penalty and other fees and expenses incurred by blixr or its affiliates in connection with such chargebacks shall ultimately be the responsibility of the Merchant, and the Merchant agrees to promptly and fully reimburse blixr for such amounts on demand. If such chargeback happens before the transfer of the funds to the Merchant, blixr will deduct such amount (including the penalty incurred) from the total amount due by blixr to the Merchant.
As part of blixr’s limited payment collection agency, blixr will use commercially reasonable efforts to manage the re-presentment of such chargebacks and reversals on behalf of Merchant and Merchant hereby authorises blixr to do so and agrees to use reasonable efforts to cooperate with blixr in such re-presentment. However, blixr shall have no obligation to represent 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 our refund policy set within these Terms. Both parties agree that blixr’s loss of any chargeback that has been re-presented by blixr shall not in any way limit the Merchant’s obligation to reimburse blixr and its affiliates under this paragraph.
Chargebacks cont. - for event organisers only:
Any tickets that are subject to a successful chargeback dispute will be cancelled.
In case the chargeback is processed after the finalisation of the event or after having transferred the funds to the Merchant, and such chargeback results on a refund to the customer, blixr will still have the right to seek reimbursement for the chargeback amount and the penalty incurred. In such cases, blixr will deduct these amounts from any future amount due by blixr to the Merchant. In the case no further events are organised by the Merchant, blixr will have the right to seek reimbursement during a period of two (2) months since the finalisation of the event.
FAILURE BY THE EVENT ORGANISER TO PAY THE CHARGEBACK AND ASSOCIATED PENALTIES WITHIN FIFTEEN (15) DAYS AFTER RECEIVING WRITTEN NOTICE FROM blixr WILL RESULT IN THE BEARING OF INTERESTS AND OTHER ASSOCIATED COSTS SUBJECT TO THE PROVISIONS OF SECTION 6.1 AND 6.2 AND, ULTIMATELY, IN THE ACCOUNT BEING SUSPENDED.
4.6 VAT Liability
The Merchant remains solely responsible for the accounting and payment of VAT (or equivalent local, regional or national taxes) collected through the sale of tickets or restaurant bill settlements to HM Revenue and Customs (or equivalent tax authority). blixr is only liable for the VAT component of the booking fee.
5. Exchanges, cancellations and refunds - for Event Organisers only
5.1 Refunds and cancellations for event organisers
a) Cancellations of events
No payments shall be made to the Merchant with respect to any event that is cancelled or with respect to which blixr believes there is a risk of cancellation or nonperformance, unless blixr receives adequate security (as determined by blixr in its discretion) for the client’s obligations under these Merchant Terms. In addition, no Event Registration Fees for a given event shall be earned until that event is successfully completed. If payments have already been made to an Event Organiser for a cancelled event, the Merchant will immediately refund to a payment address designated by blixr all such payments upon cancellation of such an event for the purpose of effecting refunds if refunds are being made. You are responsible for complying with the requirements of blixr’s Refund Policy Requirements incorporated herein. You are responsible for reimbursing blixr for any processing fees incurred as part of promotion and sale of tickets for your event.
If you do not remit funds to blixr that are sufficient to cover refunds due to Customers for an event cancellation or non performance and processing fees, including, but not limited to, any mandatory refunds under Section 5.1.(d) below, then you acknowledge and agree that the unremitted amount will become due and payable to us under these Merchant Terms, 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 5.1(b) and 6 of these Merchant Terms.
b) Reserves and blixr's Right of Setoff
blixr reserves the right to retain a certain percentage of the Registration Fees (with such percentage being determined by blixr 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 past refunds, disputed charges, chargebacks, customer complaints, allegations of fraud or changes in the Merchant’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 and Conditions, including these Merchant Terms, or to protect blixr against fraudulent or erroneous activity. blixr’s right to hold a reserve shall continue following the applicable event(s) and until either (A) the Merchant has discharged all obligations under these Terms and the applicable periods for refunds, disputed charges, chargebacks, and complaints have passed; or (B) blixr 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 4. 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 the Terms and Conditions, including these Merchant Terms, then such amount of funds shall be deemed due and owing to us until you have satisfied the amount in full.
All charges for purchases are nonrefundable, except in the case of the event cancellation initiated by the host.
Refunds that you are responsible for due to the cancellation or non-performance of an event are subject to the following refund requirements:
blixr does not permit exchanges for tickets to other events.
(i) In the event of a full or partial event cancellation, Event Organiser agrees to remit funds due for refunds back to blixr so that refunds can be processed by blixr on the Event Organiser’s behalf;
(ii) Event Organiser agrees that, unless otherwise mutually agreed in writing (email acceptable) no refunds shall be made outside of any of the blixr’s platforms;
(iii) Event Organiser must remit funds to blixr that are sufficient to cover refunds due to Customers within five (5) days of the cancellation of the event;
(iv) Organiser agrees to cover all payment processing fees incurred by blixr to process incoming payments and process the required refunds;
(v) Organiser agrees to pay a penalty fee of 5% of the net sum of all sold tickets to blixr where the Merchant cancelled the event. Where the cancellation occurs 24 hours or less before the event is supposed to take place, the Merchant agrees to pay the penalty fee of 10% of the net sum of all sold tickets to blixr.
(vi) Organiser agrees to notify Customers of the event cancellation as soon as reasonably possible and prior to the event start time;
(vii) Organiser acknowledges that blixr reserves the right to charge the Event Organiser for the cost of chargebacks related to the cancelled event, and such amounts are also subject to the provisions of Sections 5.1(b) and 6.1. and 6.2. of these Merchant Terms.
(viii) If the Event Organiser cancels only part of a multi-day event, then Organiser agrees to submit to blixr the necessary funds for a refund equal to the pro-rata monetary value portion of the purchase price of a multi-day ticket based on the corresponding monetary value of the portion of the multi-day event that was cancelled. For example, if Organiser sells a 3-day ticket to a festival for £150, and cancels 1 day of the festival, the Organiser must provide blixr enough funds for a £50 refund to Customers for the cancelled day.
(ix) Event organiser will be billed on a monthly basis with any expenses incurred by blixr to issue refunds, such as payment processing fees and penalty fees. The Event Organiser agrees to cover the expenses within 30 days of received billing.
d) Mandatory Refunds
Notwithstanding the foregoing, Event Organiser authorises blixr to make refunds in the following situations (i) Organiser specifically authorises the refunds at the time; (ii) the event description presented to a Customer at time of purchase is significantly different from the actual event; (iii) Customers are unable to attend the event due to failure of the Organiser to adequately plan for capacity, ingress or egress, or attendance will otherwise subject the Attendee to safety concerns; (iv) blixr believes in its discretion that specific orders should be refunded under certain applicable local, state, provincial, national or other law, rule or regulation; (v) blixr believes in its discretion that the refund request, if not granted, will lead to a chargeback that blixr is more likely than not to lose; (vi) Organiser failed to list a refund policy on the applicable event page and blixr believes in its discretion that a refund would be reasonable under the circumstances; (vii) blixr believes in its discretion that specific orders are fraudulent (e.g., made with stolen credit cards or otherwise not bona fide transactions); or (viii) blixr believes in its discretion that the order is a duplicate. Organiser also authorises blixr to make refunds of any and all orders (including those for unrelated events) if (A) blixr believes in its discretion that Organiser has engaged in any fraudulent activity or made any misrepresentations; (B) blixr believes in its discretion that there is substantial risk of non-performance by Organiser with respect to the applicable event or future events; (C) blixr 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) blixr believes in its discretion that Organiser 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 blixr to legal liability. Because all sales are ultimately made by Organisers, Organiser hereby agrees to promptly and fully reimburse blixr and its affiliates upon demand for refunds that blixr makes pursuant to these Merchant Terms, other than to the extent that the necessity for such refunds is caused by blixr’s negligence or willful misconduct. Organiser acknowledges and agrees that chargebacks will result in losses to blixr in excess of the amount of the underlying transaction and that by refunding transactions in advance of a chargeback blixr is mitigating such losses and its damages with respect to Organiser’s breach of this Merchant Agreement. If you do not remit funds to blixr that are sufficient to cover mandatory refunds as described by Sections 4 and 5 for an event cancellation or nonperformance, then you acknowledge and agree that the amount of such funds shortfall will become due and owing from you to us under the Terms and Conditions, including this Merchant Agreement, until you have satisfied the amount in full and such amounts are also subject to the provisions of Sections 5.1(b) and 6 of this Merchant Agreement.
5.2 Event postponed or change of venue
If the Merchant is required to change the date or venue of the event, he/she must contact blixr as soon as possible.
If an event is moved from its advertised venue and/or the date is changed, tickets already purchased may remain valid should the Customer wish to attend the revised Event. If not, blixr will refund the purchase price of a Customer's tickets.
Customers must contact blixr no later than the Monday following the event's revised date.
5.3 Significant Change to Event Line-up
Should the headline artist not appear or if the line up or content is substantially changed from that advertised at the time of purchase, then blixr will request to refund the purchase price of a Customer's tickets including (in the case of those tickets sold through any of blixr platforms) our commission; whether that fee was originally presented as a separate item or was included within the stated face value of the ticket. Event Organisers must contact us as soon as possible and no later than the Monday following the event's stated date.
5.4 Refunds requested after the Transfer of Funds
Customers are required to contact blixr no later than the Monday following the event to request refunds due to a postponed event, change of venue, or significant change to event or line-up. Refunds can then be processed prior to the transfer of ticket income to the Event Organiser. blixr will not be able to process refunds after the Monday following the event unless the refund is due to an event cancellation that we have retained funds to cover all ticket refunds.
If Customers request refunds of their tickets after the Funds have been transferred to the Event Organiser, the ultimate responsibility for the refund will still lie with the Event Organiser. blixr will continue to be in charge of processing the refunds and all Refund policies and the right of setoff will still be applicable as set forth within Section 5 of this Merchant Agreement.
In any case, FAILURE BY THE EVENT ORGANISER TO PAY THE REQUIRED FUNDS TO PROCESS THE REFUNDS WITHIN FIFTEEN (15) DAYS AFTER RECEIVING WRITTEN NOTICE FROM blixr WILL RESULT IN THE BEARING OF INTERESTS AND OTHER ASSOCIATED COSTS SUBJECT TO THE PROVISIONS OF SECTION 6.1 AND 6.2 AND, ULTIMATELY, IN THE ACCOUNT BEING SUSPENDED.
6.1 Non-Exclusive Remedies
In the event that the Merchant fails to pay to blixr any amount owed pursuant to this Merchant Agreement when due and following a late payment notice being delivered by blixr, such amount shall bear interest calculated from the date due until paid in full at a rate equal to one percent (1%) per month, compounded monthly. In the event any amounts are owed by Organiser to blixr under the Terms and Conditions (including without limitation this Merchant Agreement), blixr 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 the Merchant, whether for a particular event or for any other event that Merchant lists through the Services and use the withheld amount to setoff the amount owed by Merchant to blixr; or (B) send an invoice to Merchant for such amounts to the extent Merchant’s outstanding balance is insufficient to cover these costs, in which case Merchant shall pay blixr such invoiced amounts within thirty (30) days after the date of the invoice. If payment for any amounts due to blixr hereunder is not made by Merchant when due and after receiving a late payment notice from blixr, blixr reserves the right, in its discretion and without limiting its other rights and remedies, to suspend or terminate Merchant’s registration for the Services (including any and all accounts that Merchant may have). In addition, any such unpaid amounts due and owing to blixr are subject to collections in accordance with Section 6.2.
6.2 Collections and Cost of Recovery
blixr reserves the right to pursue any late and unpaid amounts due and owing to blixr for collections if such amounts are not paid within thirty days (30) after the date of the invoice. In addition, the Merchant agrees to promptly and fully reimburse blixr upon its demand for all out-of-pocket costs and expenses, including without limitation, reasonable attorneys’ fees and expenses, incurred by blixr in collecting past due amounts or any other amounts due and owing from the Merchant under this Merchant Agreement, the Terms and Conditions or otherwise. The Merchant agrees that if blixr must seek collections for past due amounts and the Merchant does not respond or pay in full after receiving a collection notice, blixr reserves the right to pursue outstanding balances through any available legal means in accordance with the Terms and Conditions.
7. Promotional Activities
a. Marketing. blixr reserves the right at its sole discretion to showcase Merchant Partners and their supplied data in blixr’s marketing or promotional activities across any online or offline platform
b. Marks. Subject to the terms and conditions of this Terms, each party hereby grants to the other party (and, in the case of blixr, to its affiliates) a limited, non-exclusive and non-transferable license during the Term to use the such party’s respective Marks (as defined below), on a royalty-free basis, for the sole purpose of performing the promotional activities as set forth in an applicable Addendum. For purposes of this Terms, the term “Marks” will mean the trademarks, service marks, trade names, copyrights, logos, slogans and other identifying symbols of the applicable party. All uses of a party’s marks by the other party will be in the form and format specified or approved by the owner of such marks. Except as expressly set forth herein, neither party will use the other party’s marks without the prior, express, written consent of the other party. All goodwill related to the use of a party’s marks by the other party shall inure to the benefit of the owner of such marks. Except as expressly set forth herein, neither party shall be deemed to grant the other party any license or rights under any intellectual property or other proprietary rights.
c. Publicity. Except as may be expressly set forth in these Terms, or an applicable Addendum, the Merchant Partner may not issue a press release or otherwise refer to the blixr in any manner with respect to these Terms or otherwise, without the prior written consent of blixr.
8. Prohibited Merchants; Prohibited Events; Prohibited Transactions
8.1 Prohibited Merchants
By registering for the Services and accepting this Merchant Agreement, you represent and warrant that:
If you fall into any of the categories set forth above, as determined by blixr in its discretion, you are a “Prohibited Merchant.”
a) you are not located in, and you are not a national or resident of, any country to which the United States, United Kingdom, European Union, Australia or Canada 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 U.S. Office of Foreign Assets Control’s Specially Designated Nationals List, Foreign Sanctions Evaders List or Palestinian Legislative Council List; (ii) appears on the U.S. 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.
8.2 Prohibited Events
You may not post events to the Services that:
a) violate or facilitate the violation of any applicable local, state, provincial, national or other law, rule or regulation;
b) would be prohibited under the Payment Scheme Rules;
c) take place in Restricted Countries ; and
d) contain any Content (as defined in the Terms and Conditions) that would violate the Terms and Conditions of Use.
Any event that falls into any of the categories set forth above, as determined by blixr in its discretion, is a “Prohibited Event.”
8.3 Prohibited Transactions
You represent and warrant that you will not submit for processing through the Services:
a) any transaction that would violate the payment rules set in this Merchant Agreement;
b) any transaction that is fraudulent or criminal in nature;
c) 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 blixr in its discretion, is a “Prohibited Transaction.”
In the event that blixr 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 blixr may take any or all of the following actions in its discretion in addition to any and all remedies that blixr may have under the law or elsewhere in the Terms of Service:
a) suspend or terminate your blixr 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 and/or applicable law enforcement agencies for further action.
9. Permitted Uses of the App and Website
All interactions on the App and Website must comply with blixr’s Terms and Conditions. To the extent your conduct, in our sole discretion, restricts or inhibits any other user from using or enjoying any part of the App and/or Website, we may limit your privileges on the App and/or Website and seek other remedies.
The following activities performed by any user of the App and/or Website are prohibited on the App and/or Website and constitute express violations of The Terms and Conditions and of this Merchant Agreement:
A. Submitting any content to the App/Website that: i) contains personal information of users, such as their e-mail and name ("Personal Information"), except when we expressly ask you to provide such information; ii) violates any national or international applicable laws (including but not limited to intellectual property laws, laws relating to rights of privacy and rights of publicity and laws related to defamation); iii) offers unauthorised downloads of any copyrighted, confidential or private information; iv) impersonates any person or entity, or falsifies or otherwise misrepresents yourself or your affiliation with any person or entity; v) possesses or creates a privacy or security risk to any person; vi) makes use of offensive language or images; vii) contains software viruses or malware or any other computer code designed to interrupt or limit the functionality of any computer software or hardware; or viii) is protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right.
B. Attempting to do or actually doing any of the following: i) interfering with, disrupting or damaging the service given to any user in any manner, including, without limitation, submitting a virus to the App/Website or attempting to overload, “flood,” “spam,” “mail bomb” or “crash” the App/Website; ii) scanning or monitoring the Website for data gathering purposes in an effort to track sales, usage, aggregate offering information, pricing information or similar data; iii) scanning or testing the security or configuration of the Website or to breach security or authentication measures; or iv) accessing data not intended for you, such as logging into a server or an account, which you are not authorised to access.
D. Collecting any of the following: i) personal Information); or ii) content from the App/Website, including, but not limited to, information in connection with current or previously offered activities; with the aim of featuring such content to consumers in any manner that diverts traffic from the Website without our express written permission.
10. Customer data
In respect of any personal data (as defined in the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC), the Merchant is responsible to ensure that they comply with the applicable laws and continue to comply with any future laws that may amend or replace the existing regime and any guidance notes or guidelines issued by the relevant data protection authority.
Specifically, the Merchant agrees not to:
sell your users' contact info
use users' personal information or images in ads without their consent
collect information as a part of a marketing campaign
11. Miscellaneous terms
As registered User, You understand that blixr is merely a mobile app intermediary communicating a link on behalf of the Merchant and is not in any manner liable for the content hosted or otherwise the Offer extended through the blixr App.
You acknowledge that the product is offered for sale or otherwise offered without any consideration, as the case may be, by the Merchant and not blixr.
All commercial/contractual terms are offered by and agreed to between User and Merchant(s) alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after-sales services related to products and services. blixr does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers
blixr does not make any representation or Warranty as to specifics (such as quality, value, saleability, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the blixr App. blixr shall not be liable in case the product sold by the Merchant is unfit for use or faulty or rendered unfit during carriage of the same from the point of pick-up to the drop-off point.
blixr does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the blixr App. blixr accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
blixr is not responsible for any non-performance or breach of any contract entered into between Users and Merchants. blixr shall not and is not required to mediate or resolve any dispute or disagreement between Users and Merchants.
At no time shall blixr hold any right, title or interest over the products nor shall blixr have any obligations or liabilities in respect of such contract.
blixr is not responsible for the unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
The App and/or Website and its content are delivered on an "as-is" and "as-available" basis. blixr disclaims all warranties, express or implied, including also any implied warranties of merchantability and fitness for a particular purpose.
blixr does not promise that the App and/or Website will be error-free, uninterrupted, or that it will provide specific results from use of the App/Website or any content, search or link on it.
blixr cannot ensure that files you download from the App/Website will be free of viruses or contamination or destructive features.
blixr will not be liable for any damages of any kind arising from the use of this App/Website, including without limitation, direct, indirect, incidental and punitive and consequential damage. blixr makes no guarantee of any specific result from use of this App/Website or use of the blixr service.
13. Limitation of liability
Whilst we endeavor to ensure that the App/Website is fully operational at all times, on those occasions when there are interruptions to service due to essential maintenance, system upgrades, internet service interruptions or any other factors beyond our control, blixr will not be liable for any indirect, consequential, exemplary, incidental, special or punitive damages, or for lost profits, revenues or business opportunities, even if blixr has been advised of the possibility of such damages.
In no event shall blixr be liable for any indirect or consequential loss or any loss (whether incurred directly or indirectly) of profit, business, revenue, date, goodwill or reputation.
blixr disclaims any and all liability for the acts, omissions and conduct of any third party users, blixr users, advertisers and / or sponsors on the Website, in connection with the blixr service or otherwise related to your use of the App/Website and /or the blixr service. blixr is not responsible for the products, services, actions or failure to act of any venue, performer, promoter or other third party in connection with or reference on the App/Website.
Notwithstanding the foregoing, nothing in the Merchant Agreement shall be taken to limit or exclude any liability which blixr may have for (i) death or personal injury arising from blixr negligence; (ii) fraudulent misrepresentation; or (iii) any liability that cannot be excluded or restricted by law.
You shall indemnify blixr, defend and hold harmless blixr and blixr affiliated or related companies and their respective joint ventures, successors, assigns, directors, officers, employees and agents and shall keep each of them fully and effectively indemnified against any and all losses, imposed on, incurred by or asserted against them arising from:
1. any breach of the Agreement or breach of warranty by the Merchant of the acts or omissions of the Merchant, your employees, sub-contractors or agents;
2. any Event or Venue (other than and to the extent that any losses arise directly from breach of this Agreement by blixr or our negligence);
3. any breach of copyright or privacy laws or any other applicable law;
4. any advertisement, marketing or promotion (other than any material produced by blixr), including without limitation the production and placement of fly-posters.
15. Compliance with Applicable Law
You agree that You shall not use any blixr Platform in order to host, display, upload, modify, publish, transmit, update, distribute, share, store or destroy material, including without limitation, blixr Content:
(a) in violation of any applicable law or regulation,
(b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property or proprietary rights of others or violate the privacy, publicity or other personal rights of others,
(c) that belongs to another person and to which the user does not have any right to,
(d) that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, threatening, abusive or hateful or racially, ethnically objectionable, disparaging, relating encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever,
(e) harm minors in any way,
(f) deceives or misleads the addressee about the origin of such message or communicates any information which is grossly offensive or menacing in nature,
(g) impersonate another person or entity,
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of blixr’s computer systems or site or blixr’s users, customer’s computer systems or site,
(i) threatens the unity, integrity, defense, security or sovereignty of UK, friendly relations with foreign states or of public order or causes incitement to the commission of any cognisable offense or prevents investigation of any offense or insulting any other nation.
blixr, the app and the website are registered trademarks of blixr ltd. All rights reserved.
18. Contact information for Customer service