Terms of service

1. About these terms

1.1 These terms are an agreement between EventDrake Limited, a New Zealand company (company number 8250744) (EventDrake, we or us), and the business that signs up for or uses EventDrake (you).

1.2 The service means the EventDrake event management and ticketing platform, including the organiser admin, the hub, attendee event sites, check-in and badge tools, our documentation and support, and anything else we supply under these terms.

1.3 You accept these terms when you sign up, when you place an order, or when you first use the service, whichever comes first.

1.4 The person who accepts these terms confirms that they have authority to bind the business they act for.

1.5 These terms include the documents they refer to: the data processing agreement, the acceptable use policy and any service-specific terms for products you order.

2. Business use only

2.1 The service is for businesses. We don’t contract with consumers. You confirm that you acquire the service in trade, for the purposes of a business. Selling tickets to an event is running an enterprise, so this applies even if you are an individual or a volunteer-run group.

2.2 Because you acquire the service in trade, you and we agree that the Consumer Guarantees Act 1993 does not apply to the service or to these terms, as section 43 of that Act permits.

2.3 You and we agree that sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 do not apply, as section 5D of that Act permits. We are both in trade, and we agree that this is fair and reasonable.

2.4 If the Australian Consumer Law applies and gives you a guarantee that can’t be excluded, our liability for failing to meet that guarantee is limited, where the law allows, to supplying the service again or paying the cost of having it supplied again.

2.5 The schedule at the end of these terms sets out how rights under other local laws are treated.

3. The service

3.1 Plans and editions. The service is offered in the plans and editions shown on our pricing page or in an order we agree with you. The Community edition is for registered charities and non-profits, clubs and community groups, schools, and volunteer-run events. Everyone else is on the Commercial edition. We may review whether you are eligible for Community at any time. If you aren’t, we may move you to Commercial by giving you 30 days’ notice.

3.2 Tenants. A tenant is your own space within the service: your event sites, admin, settings and data. Your attendees are the people who book, buy, register or are booked through your tenant, including people booked by someone else.

3.3 Data regions. Each tenant is created in one data region, and its data is stored in that region. The regions and where data may be accessed from outside them are set out in the privacy policy. Data in a tenant in the European Union region is stored in the European Union, and each case where it is accessed or processed elsewhere is named in the privacy policy with its safeguard.

3.4 Choosing a region. You are responsible for choosing the right region when your tenant is created. If you are based in the European Union or the United Kingdom, or most of your attendees are, you must create your tenant in the European Union region.

3.5 Website builder. The content management features for your event site are optional. You can use them or link to your own website.

3.6 Beta features. We may offer features marked as beta, preview or early access. They are provided as they are, may change or stop without notice, and are not covered by any commitment in clause 12.

3.7 Changes to features. We improve the service all the time and may change how it works. We won’t remove a material feature without giving you reasonable notice first.

3.8 Payment fees. We don’t currently take a share of the payments processed through your Stripe account, but we don’t promise that we never will. Any change to how our fees are charged follows clause 7.

4. Accounts and admin users

4.1 The account owner is the person you name to hold your account. Notices about your account go to the account owner’s email address.

4.2 You decide who has admin access to your tenant and what each admin can do. You are responsible for removing access when someone no longer needs it.

4.3 You must keep sign-in details secure and tell us promptly at hello@eventdrake.net if you think an account has been compromised.

4.4 You are responsible for everything done through your account and by your admins, staff and volunteers.

4.5 We recommend that every admin turns on multi-factor authentication.

5. Your responsibilities

5.1 You are the seller. You are the seller and the merchant of record for every ticket, registration, product and service sold through your tenant. The contract for each sale is between you and the attendee. We are not a party to it.

5.2 Refunds and disputes. You handle refunds, cancellations, postponements, chargebacks and disputes with attendees, and you bear their cost.

5.3 Your event. You are responsible for your event and how it is delivered, including safety, licences, permits and arrangements with your venue and suppliers.

5.4 The law where you sell. You are responsible for complying with the laws that apply to your events and sales, including consumer, fair trading, advertising and pricing laws (including any requirement to display the total price) and tax law.

5.5 Configuring the service. The service gives you settings for fees, tax display, prices and similar matters. You are responsible for configuring them to meet the law in each place you sell. We don’t check your settings or give legal or tax advice.

5.6 What you tell attendees. Before you sell, you must publish:

• your own event terms, including a refund policy;
• your own privacy notice, which tells attendees how you use their data and refers them to the section of our privacy policy for attendees for how the service handles it; and
• accurate event listings, including prices, dates, venues and what is included.

5.7 What you publish and promise. You are responsible for everything you publish through the service and every promise you make to attendees, sponsors, vendors and anyone else.

5.8 Age verification. The service may help you check an attendee’s age, for example with a date of birth check or other automated or semi-automated means. Final responsibility for age verification stays with you and your staff, including the decision to admit, serve or refuse anyone. We are not liable for the accuracy of any age check made with the help of the service.

6. Payments

6.1 Your Stripe account. Attendee payments go through your own Stripe account, either an existing account you connect or one created for you through the service. Card details go directly to Stripe. Your Stripe account is governed by your agreement with Stripe, and you must comply with it, including Stripe’s list of prohibited and restricted businesses.

6.2 Our role. We are not a party to your agreement with Stripe. We don’t hold or receive your attendees’ payments, and we are not liable for anything Stripe does or doesn’t do, including holding funds, refusing payments or closing your account.

6.3 Payment terminals. You can rent a Stripe Terminal reader from us under the hardware rental terms or buy one through your own Stripe account. Any other payment terminal is your responsibility and must be one we list as compatible.

6.4 Payments outside the service. Payments you record in the service but take some other way, such as cash or bank transfer, are a matter between you and the attendee.

7. Fees and billing

7.1 What you pay. You pay the fees on our pricing page for your plan and edition, or the fees in an order we have agreed with you. Where your plan has a monthly minimum, it applies for every month your account is active, and usage fees count towards it.

7.2 Tax. Prices exclude GST, VAT, sales tax and similar taxes. Where we must charge tax, we add it to your invoice.

7.3 Invoicing. We invoice you monthly and charge the invoice automatically to the card on file. You must keep a valid card on file.

7.4 Unpaid fees. If a payment fails, we will tell you. If an invoice is still unpaid 14 days after it is due, we may suspend your account. If it is still unpaid 30 days after it is due, we may terminate your account under clause 19.

7.5 Fee changes. We will give you 30 days’ notice of any change to our fees or how they are charged. The change takes effect when the notice period ends.

7.6 Refunds. Fees are non-refundable, except where these terms say otherwise.

7.7 Disputed invoices. If you dispute an invoice, you must tell us in good faith, with your reasons, within 30 days of the invoice date. You must pay any part of the invoice you don’t dispute.

Suspension

7.8 What suspension means. While your account is suspended, everyone, including your admins, is locked out of your tenant and your public event sites stop serving.

7.9 When we may suspend. We may suspend your account:

• if an invoice is unpaid 14 days after it is due;
• to deal with a security risk to the service, to you or to others;
• if the law requires it;
• if we suspect fraud; or
• for a serious breach of the acceptable use policy.

7.10 Notice. We will give you notice before we suspend your account, unless that is impractical in the circumstances, for example in an urgent security matter.

7.11 Fees continue. Fees keep accruing while your account is suspended.

7.12 Data during suspension. You can’t export data while your account is suspended. Once the cause is resolved, we will arrange an export on request. If your account ends while it is suspended, clause 19.4 applies.

7.13 Restoring the service. We restore the service once the cause of the suspension is resolved.

8. Data

8.1 Customer data. Customer data is everything inside your tenant, including your attendees’ personal information, orders, answers to your questions, content and settings. Customer data belongs to you.

8.2 Our licence. You give us a licence to process customer data only to provide, secure and support the service for you, and as these terms and the data processing agreement allow.

8.3 Data processing agreement. Our data processing agreement forms part of these terms and governs how we process personal information in customer data. For customer data, we are your processor (service provider).

8.4 Platform data. Platform data is data about you as our customer: your account, your transactions with us, your admins and how the service is used. Platform data belongs to us, and we are its controller under our privacy policy. We de-identify the internal statistics we keep where practical.

8.5 Retention. We keep transaction records as set out in clause 19 and the privacy policy.

8.6 Export. You can export customer data through the CSV reports in the admin. If you need a fuller export, ask us and we will prepare one by hand.

8.7 AI. We never use customer data to train AI models.

9. Your content

9.1 You are responsible for having the rights to everything you publish on your tenant, including text, images, artwork, photos, logos, fonts, music and video. You confirm that you own the copyright in it or hold the licences needed to use it.

9.2 If you think content on a tenant infringes your rights, tell us at hello@eventdrake.net. We will pass the notice to the customer concerned.

9.3 We may remove or disable content that we reasonably believe infringes someone’s rights or breaks these terms.

10. Acceptable use

10.1 Our acceptable use policy forms part of these terms. You must comply with it and make sure your admins, staff and volunteers do too.

10.2 If you breach it, we may act under that policy. Our response will be in proportion to the breach, and we will give you notice first unless the matter is urgent or unlawful.

11. Service-specific terms

11.1 Some products have their own terms, which apply on top of these terms:

• hardware rental terms for equipment you rent from us;
• on-site staff terms for staff you book from us; and
• any other terms we publish for a specific product.

11.2 You accept service-specific terms when you order the product they cover. For that product, they take precedence over these terms where the two conflict.

12. Availability and support

12.1 We make our best efforts to keep the service available, but we don’t commit to any uptime level unless a signed agreement with you says so.

12.2 We run the service using industry-standard practices. Protecting customer data comes before availability: we may take part of the service offline to protect data.

12.3 We schedule planned maintenance to avoid times when events are likely to be running, where possible.

12.4 Support is by email at hello@eventdrake.net and through our documentation.

12.5 If you give us feedback or suggestions, we may use them freely and without any obligation to you.

13. On-site operations

13.1 Check-in, badge printing, kiosks and in-person payments depend on things we don’t control, including your internet connection, devices, printers, power and venue.

13.2 You must have a fallback for running entry if the service or your equipment isn’t available, such as a printed attendee list or manual check-in.

13.3 You make all entry decisions. We are not liable for decisions to admit or refuse anyone, or for queues, delays or lost attendance.

13.4 Final responsibility for age verification at your event stays with you and your staff, as clause 5.8 sets out. We are not liable for the accuracy of any age check made with the help of the service.

13.5 Equipment and staff you book from us are covered by the service-specific terms.

14. Intellectual property

14.1 We own the service and all intellectual property in it. These terms give you the right to use the service while your account is active. They don’t transfer any ownership to you.

14.2 You own your content. You give us a licence to host, copy, display and process it to provide the service, including publishing it on your event sites.

14.3 You must not copy, modify, reverse engineer or resell the service, except as these terms or the law allow.

15. Confidentiality

15.1 Each of us will keep the other’s confidential information confidential, and use it only for the purposes of these terms.

15.2 This doesn’t apply to information that is public through no fault of the receiving party, that the receiving party already had or developed independently, or that it receives lawfully from someone else.

15.3 Either of us may disclose confidential information where the law requires, or to our advisers and contractors who need it and are bound to keep it confidential.

15.4 Customer data is also protected by the data processing agreement.

16. Warranties and disclaimers

16.1 Each of us confirms that it has the power to enter into these terms.

16.2 We will provide the service with reasonable care and skill.

16.3 Apart from what these terms expressly say, and to the extent the law allows, the service is provided as it is and as available. We don’t warrant that it will be uninterrupted or free of errors, or that it will meet your particular requirements.

16.4 This clause is subject to clause 2 and the schedule.

17. Liability

17.1 Cap. Each party’s total liability under or in connection with these terms is limited to the greater of the fees you paid us in the 12 months before the incident giving rise to the claim, or NZ$1,000.

17.2 Excluded loss. Neither of us is liable for indirect or consequential loss, or for loss of profit, revenue, goodwill or data, however it arises.

17.3 Not capped. Clauses 17.1 and 17.2 don’t limit liability for fraud or wilful misconduct, your obligation to pay fees, or either party’s obligations under the indemnities in clause 18.

17.4 This clause applies to every kind of claim, including in contract, in tort (including negligence) and under statute, to the extent the law allows.

18. Indemnities

18.1 From you. You indemnify us against claims by third parties, and the resulting losses and costs, arising from your events, your content, your attendees, your compliance with consumer and tax law, or your breach of the acceptable use policy.

18.2 From us. We indemnify you against claims by third parties that your use of the service, as we provide it, infringes their intellectual property, and the resulting losses and costs.

18.3 Conditions. The party seeking an indemnity must tell the other promptly about the claim and cooperate with its defence. The indemnifying party controls the defence and any settlement.

19. Term and termination

19.1 Closing your account. Your plan runs month to month. You can close your account at any time by telling us at hello@eventdrake.net. Fees up to the date of closing are still payable.

19.2 Upcoming events. If you close your account while you still have upcoming events, your event sites and sales for those events will stop. Your obligations to your attendees for those events stay with you.

19.3 Our termination rights. We may terminate your account:

• for any reason, by giving you 30 days’ notice, in which case we refund any fees you have prepaid for the period after termination;
• if you materially breach these terms and haven’t fixed the breach within 14 days of our notice asking you to;
• if an invoice is still unpaid 30 days after it is due; or
• if you become insolvent, go into liquidation or receivership, or make an arrangement with your creditors.

19.4 Export window. For 30 days after your account ends (the export window), you can get your customer data through the CSV reports, or ask us for a manual export. If your account was suspended when it ended, admin access stays locked and you can’t use the CSV reports, but we will prepare a manual export on request during the export window.

19.5 Deletion. We delete everything else in your tenant within 90 days after the export window ends.

19.6 Transaction records. We keep the transaction records from your tenant, and the customer and attendee details tied to them, for 7 years after your account ends, and then delete them. We keep them on two grounds:

• on your behalf, so that you and your attendees can still get records of past bookings; and
• as our own records, because our fees are calculated from your orders and we need the records to show that we billed you correctly, to prevent fraud, and to deal with disputes and liability.

19.7 Backups. Copies in backups expire on their normal schedule, as set out in the privacy policy.

19.8 What continues. Clauses that by their nature should continue after your account ends do so, including clauses 7 (for fees owing), 8, 15, 17, 18, 19 and 21.

20. Changes to these terms

20.1 We will give you 30 days’ notice of any material change to these terms, by email to the account owner through the hub.

20.2 If a material change is adverse to you, you can terminate your account before the change takes effect by telling us at hello@eventdrake.net.

20.3 Other changes take effect when we post them on this page.

20.4 Every change is dated in the version history below.

21. General

21.1 Governing law. These terms are governed by New Zealand law. Each of us submits to the non-exclusive jurisdiction of the New Zealand courts. The only exception is the Standard Contractual Clauses for European Union, United Kingdom and Swiss transfers, which are governed by the law clause 10 of the data processing agreement sets out.

21.2 Notices. We give notices by email to the account owner. You give notices by email to hello@eventdrake.net.

21.3 Order of precedence. If documents conflict, they apply in this order:

1. a signed agreement between you and us;
2. the service-specific terms, for the product they cover;
3. the data processing agreement, for anything about personal information;
4. these terms;
5. the acceptable use policy.

21.4 Force majeure. Neither of us is liable for failing to perform an obligation, other than an obligation to pay, because of events beyond its reasonable control.

21.5 Assignment. You may not transfer your rights or obligations under these terms without our written consent. We may transfer them to a buyer of all or part of our business.

21.6 Entire agreement. These terms, with the documents they include, are the entire agreement between us about the service. They replace anything said or agreed before.

21.7 Severability. If any part of these terms is unenforceable, the rest still applies.

21.8 No waiver. If we don’t enforce a right straight away, we can still enforce it later.

22. Schedule: local rights

22.1 General. Nothing in these terms excludes, restricts or changes a right or remedy that the law of the place where you are based gives you and that can’t lawfully be excluded, restricted or changed. Where these terms would do so, they apply only to the extent the law allows.

22.2 Australia. If the Australian Consumer Law applies, clause 2.4 sets out how our liability for guarantees that can’t be excluded is limited.

22.3 United Kingdom and European Union. Rights that can’t be excluded under the law of the United Kingdom or a European Union member state are unaffected. That includes the rights of individuals under data protection law, which the data processing agreement and privacy policy deal with.

22.4 United States. Rights that can’t be waived under the law of a US state are unaffected. The disclaimers and limits in clauses 16 and 17 apply to the extent that law allows.