Terms & ConditionsTerms & Conditions
These Terms of Service and the other documents referenced in them encompass My Plug, Event PLUG and Plug Access "Terms." These Terms are a legally binding agreement between you and My Plug, Event PLUG and Plug Access leading your access to and use of the Services and setting out your rights and responsibilities when you use the Services. By using any of our Services (including browsing myplug.com, plugaccess.com or via the Plug app), you are agreeing to these Terms. If you do not agree to these Terms, please do not use or access any services provided by any affiliate or event organizer. If you will be using the Services on behalf of an entity (such as on behalf of your employer), you agree to these Terms on behalf of that entity and its affiliates and you represent that you have the authority to do so. In such case, "you" and "your" will refer to that entity as well as yourself.
Acceptance of the Terms
These Terms also apply to any site(s) on which they are posted; where other terms or agreements are instead posted; those terms or agreements apply to the extent they conflict with these Terms. The material, including without limitation information, data, text, editorial content, design elements, look and feel, formatting, graphics, images, photographs, videos, music, sounds and other content contained in or delivered via the Services or otherwise made available by My PLUG and PLUG Access in connection with the Services is the Site Content.
Conditions of Use
We retain the right to deny access to anyone to this Website and the services we offer at our sole discretion, at any time and for any reason, including, but not limited to, for violating this Agreement.
Certain Conditions Placed on Your Use of the Site
Your use of this Website is conditioned on your warranting the following:
- You are at least 18 years of age;
- You possess the authority to create a binding legal obligation;
- If you have a PLUG account, you will protect your account information and will manage its activities and be completely responsible for any use of your account by you and anyone other than you.
- You will use this Website in accordance with this Agreement;
- In the event that you purchase a service from an affiliate as a gift, you will inform the recipient or recipients about the terms and conditions that apply to the purchase you have made on their behalf, including this Agreement and all rules and restrictions applicable to the particular offer;
- You have the legal authority to provide any and all information that you submit to the Website, any such information is only about yourself, and all information supplied by you on this Website is true, accurate, current and complete;
- You will only use this Website to make legitimate purchases that adhere to these terms as well as any and all terms of the relevant offer or offers;
- You will only create one account on the site for your personal use.
My Plug and Plug Access is not the creator, organizer or owner of the services and events listed on the site. Rather, The Plug provides a platform that enables affiliates and event organizers to provide their services, for affiliates this includes vouchers, experiences and more for organizers this includes managing ticketing and registration and promote their events. The affiliate and the organizer are solely responsible for ensuring that any page displaying an event and/or service (or an event itself) meet all applicable local, national and other laws, rules and regulations, and that the goods and services described on the page are delivered as described and in an accurate satisfactory manner. Consumers must use whatever payment processing method the Organizer selects. If the Organizer selects a payment processing method that uses a third party to process the payment, then neither My Plug or Plug access nor any of its payment processing partners processes the transaction but we transmit the Consumer's payment details to the Organizer's designated payment provider. If an affiliate or an organizer uses My Plug or Plug Access for payment processing, we also act as the Organizer's limited agent solely for the purpose of using our third- party payment service providers to collect payments made by Consumers on the Services and passing such payments to the Organizer.
The Website provides an online service that allows account holders to purchase deals, goods and services. Account holders may purchase such services for their personal use or as gifts when permitted by this Agreement and the terms and conditions of the particular offer.
You may direct others to the Website for the Permitted Activities and Conditions of Use listed in this section. You may direct others to the Website by sharing hyperlinks (“links”) to offers on our Website or the link to our Website itself, whether via email, social media outlets, your personal website or blog, electronic message, text message, or otherwise. However, you may not do so for a malicious purpose, nor may you make use of such links for a commercial purpose. You may not post links to our Website or re-post offers from our Website on a website aggregator or for any other commercial purpose.
The infrastructure used to provide the content and information on this Website, as well as the content and information itself, is proprietary to us or our Merchants and providers. You may do any of the Permitted Activities outlined in the “Permitted Activities” section above. However, you agree not to otherwise reproduce, re-use, alter, transmit, display, sell or re-sell any information, products, or services acquired through this Website. You agree not to republish any information from this website for any commercial purpose.
Additionally, you agree not to:
- Use this Website or its contents for any commercial purpose;
- Make any speculative, false, or fraudulent purchase or any purchase in anticipation of demand;
- Access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- Violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
- Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- Deep-link to any portion of this Website for any purpose without our express written permission;
- "Frame," "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization; or
- Create multiple accounts using multiple email addresses.
You agree to defend, indemnify, and hold harmless My Plug and Plug Access and/or their respective affiliates and any co-branders, licensors, payment processing partners, directors, employees and agents related to such, from and against any claims, losses, damages, fines, causes of action, demands, recoveries, penalties or other costs or expenses of any kind (whether direct, indirect, incidental, consequential or otherwise) or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- your breach of this Agreement or the documents referenced herein;
- your violation of any law or the rights of a third party;
- your use of the services in violation of these Terms or other policies we post or make available
- your use of this Website.
These terms and condition apply to you as soon as you access the services by any means and continue in effect until they are terminated. There may come a time where either you or My Plug concludes that it may be best to part ways as when that happens, these some of these terms and conditions will generally no longer apply.
My Plug or Plug Access may terminate your right to use the any of its services at any time, this includes but is not limited to;
- if you violate or breach these Terms stipulated here;
- if you misuse, mistreat or abuse the services, or use the services in a way not intended or permitted by My Plug or Plug Access;
- if allowing you to access and use the Services would violate any applicable local, provincial, national and other laws, rules and regulations or would expose Plug and Plug Access to legal liability.
My Plug or Plug Access may choose to stop offering such services, or any particular portion of the service, or modify or replace any aspect of the service, at any time. We will use justifiable efforts to provide you with notice of the termination of your access to the services, where, in My Plug and/or Plug Access sole discretion, failure to do so would materially prejudice you. You agree that My Plug and Plug Access will not be liable to you or any third-party as a result of its termination of your right to use or otherwise access the services.
Links to Other Sites
This Website may contain hyperlinks to websites operated by parties other than My Plug and Plug Access. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our including hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
Our prices are displayed on our website in relation to each service and/or voucher. All prices are determined by the affiliates and the organizers of events. Their prices may arise from cost from supplier, manufacturers or general estimate based on other merchant price value in the market. With such information, prices on deals and services may vary at the discretion of the affiliate and event organizer.
Limitation of Liability
As permitted by applicable law, in no event shall My Plug, Plug Access, its subsidiaries or affiliates or any of their respective employees, directors, agents, affiliates, event organizers, partners, third-party content providers or licensors, or any of their directors, employees, or agents, be liable for any direct or indirect lost profits or lost business damages, whether this may be indirect, incidental, special, consequential, or punitive damages arising out of, related to, or in connection with any of the following:
- your use of the site, the content, user content, including, without limitation, any personal information, and any other information either contained in the site or submitted by you to the site;
- any improper use of information you provide to the site, including, without limitation, any personal information.
- your inability to use the site;
- modification or removal of content submitted on the site;
- the affiliates offerings, products, and other available programs accessible or available through the site;
- any products or services purchased or obtained directly from an affiliate;
For Organizers of events with paid tickets, and subject to the terms of the Affiliate Agreement, the fees (including Plug Access Payment Processing Fees) that you paid immediately preceding the circumstances giving rise to your claim will still be paid out to Plug Access.
Nothing in these Terms is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by willful acts, negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only those liability and other limitations which are lawful in your jurisdiction (if any) will apply to you and our liability is limited to the maximum extent permitted by law.
Licenses and Permits Organizers Must Obtain
If you are an Organizer, without limiting the generality of any representations or warranties provided elsewhere in these Terms of Service, you represent and warrant to us that:
You and your affiliates will obtain, prior to the start of ticket sales, all applicable licenses, permits, and authorizations (individually and collectively, "Licensure") with respect to events hosted by you or your affiliates on the Services. Licensure includes but is not limited to property operation permits and fire marshal permits;
You and your affiliates will comply, and will ensure that the venues for each event hosted by you or your affiliates on the Services will comply, with all applicable laws, regulations, rules and ordinances;
Without limiting the generality of any release provided under these Terms of Service, as a material inducement to My Plug and Plug Access permitting you to access and use the Services, you hereby agree to release My Plug and Plug Access, and its affiliates and subsidiaries, and each of its and their respective parent companies, subsidiaries, officers, affiliates, representatives, shareholders, contractors, directors, agents, partners and employees from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, including, without limitation, attorneys' fees, known and unknown, arising out of or in any way connected with your or your affiliates' Licensure, any failure to obtain or maintain any Licensure, or any error in obtaining or maintaining any Licensure.
Bank and Credit Card Fees
Some banks and credit cards impose fees for international transactions. If you are purchasing a deal/service from outside of the United States on an international credit card, your bank may convert the payment amount to your local currency and charge you a conversion fee. This means the amount listed on your credit or bank card statement may be in your local currency and therefore a different figure than the figure shown on the billing summary page for a reservation booked on the Website. In addition, a foreign transaction fee may be assessed if the bank that issued your credit card is located outside of the US. Purchasing international goods or services may be considered to be an international transaction by the bank or card company, since My Plug and Plug Access may pass on your payment to an international Trade. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.
Disclaimer of Warranty
As permitted by applicable law, you expressly agree that use of the site is at your sole risk. neither My Plug and Plug Access, nor its subsidiaries or affiliates or any of their respective employees, agents, third-party content providers or licensors or any of their directors, employees or agents, warrant that use of the site will be uninterrupted, secure, virus-free, or error free, nor do they make any warranty as to the results that may be obtained from use of the site, or the accuracy, completeness, or reliability of the content on the site, including, without limitation, affiliates offerings, products, or other available programs, or descriptions of affiliate offerings, products, or other available programs, or lastly user content provided through the site. the site and all content, user content and other information contained on the site, affiliate offerings, products and other available programs accessible or available through the site, are made accessible or available on an “as is” and “as available” basis. to the extent allowed by applicable law, My Plug and Plug Access hereby disclaims any and all representations, warranties, and conditions, whether express, implied, or statutory, as to the operation of the site or the content, user content, or other information contained on the site or the affiliate offerings, products, or other available programs accessible or available through the site, including, without limitation, those of title, non-infringement, non-interference, merchantability, suitability, and fitness for a particular purpose, as well as warranties implied from a course of performance or course of dealing. the warranty limitations in this section are not intended to limit any warranty provided directly by an affiliate or by the applicable manufacturer of physical products or any express representations or warranties by My Plug and Plug Access that are included in other applicable terms.
Fees and Refunds.
Fees that we charge in creating an account, listing an event and accessing the services are free, otherwise agreed on between Plug and the event organizer. However, we charge fees when you sell or buy paid tickets or registrations. These fees may vary based on individual agreements between Plug Access and My Plug and certain event organizers. Organizers ultimately determine whether these fees will be passed along to Consumers and shown as "Fees" on the applicable event page or absorbed into the ticket or registration price and paid by the Organizer out of ticket and registration gross proceeds.
Fees paid by consumers for an event are not necessarily the same as those charged by Plug Access and My Plug to the applicable organizer or the standard fees described on the services to organizers. In addition, certain fees are meant, on average, to cover certain costs incurred by Plug, but may in some cases include an element of revenue and in some cases include an element of loss. The Plug does not control (and as such cannot disclose) fees imposed by your bank and/or credit card company, including fees for purchasing tickets and registrations in foreign currencies or from foreign persons.
In relations to refunds because all transactions are between an organizer and its respective attendees, My Plug and Plug Access asks that all Consumers contact the applicable Organizer of their event with any refund requests. The same applies to affiliates and consumer who paid for a particular deal or service. My Plug and Plug Access is not held accountable for any dispute that may arise out of such purchases. The affiliate, the organizer of an event, and the consumer agrees that My Plug and Plug Access will not be held liable should any service or deal being redeemed does not meet the consumer and/or attendees’ expectation.
As an organizer, you acknowledge that the applicable procedure to check the validity of the ticket must always be followed. Plug Access will not be held liable under any circumstances for any costs arisen from non-compliance by organizers with applicable procedures that must be implemented by organizers to check validity of tickets. My Plug and Plug Access will not be held liable under any circumstances for costs and/or damage associated with tickets arisen from situations with fraud and/or for damage associated with the purchase of the ticket through non-official means, such as third parties.
You can only create and hold one account on the Plug website for your personal use and must register using a valid credit card and ID. You are responsible for updating and correcting information you have submitted to create or maintain your account. As part of your account settings, you have the option to: save, edit, or delete your personal information, including, without limitation, a valid credit card; and opt-out of persistent login. You understand and agree that My Plug and Plug Access shall have no responsibility for any incident arising out of, or related to, your account settings. You must safeguard your password and supervise the use of your account. You are solely responsible for maintaining the security of your account and maintaining settings that reflect your preferences. We will assume that anyone using the website and/or the app or transacting through your account is you. You agree that you are solely responsible for any activity that occurs under your account.
The Site may permit you to make purchases without an account or without logging in to your account by using the guest checkout feature. If you make a purchase in this manner and you do not already have an account with us, we will create an account for you based on the information provided to us in connection with the transaction (e.g., your name, address, e-mail address, and other transaction information). You may later claim this account by creating a password for the account.
Rules for Use of Email Tools
The Plug may make available to you features and tools that allow you to contact your Consumers, other users of the Services, or third parties via email (the "Email Tools"). If you use Email Tools, you represent and agree that:
- you will provide an accessible and unconditional unsubscribe link for inclusion in every email where one is required, and you will not send any emails to any recipient who has unsubscribed from your mailing list.
- you will use the Email Tools in compliance with all applicable local, national and other laws, rules and regulations, including those relating to spam and email, and including without limitation.
- you have the right and authority to send emails to the addresses on your recipient list and such addresses were gathered in accordance with email marketing regulations in the recipient's country of residence;
- you will respond immediately and in accordance with instructions to any Consumer sent to you by My Plug requesting you modify such Consumer's email preferences;
- you will only use the Email Tools to advertise, promote and/or manage a bona fide event listed on the Services;
- your use of the Email Tools and the content of your emails complies these Terms;
- you will not use false or misleading headers or deceptive subject lines in emails sent using the Email Tools;
If you violate any of these Email Tools rules or if your use of the Email Tools results in bounce rates, complaint rates or unsubscribe requests in excess of industry standards or if your emails cause disruption to the Services, The Plug may (without limitation of any other legal or contractual remedies it has) limit or suspend your access to the Email Tools.
- Acts of war, acts of terrorism, insurrection, riots, civil disorders, or rebellion;
- Weather conditions or other elements of nature or acts of God;
- Quarantines or embargoes;
- Labor strikes;
- Error or disruption to major computer hardware or networks or software failures;
- Other causes beyond the reasonable control of My Plug and Plug Access or a Merchant, as applicable.
Except as otherwise set forth herein, these Terms constitute the entire agreement between you and MY Plug and Plug Access and govern your use of the Services, superseding any prior or contemporaneous agreements, proposals, discussions or communications between you and My Plug and Plug Access on the subject matter hereof, other than any written agreement for Services between you and an authorized officer of My Plug and Plug Access relating to a specified event or events.
Copyright and Trademark Notices
All contents of this Website are: © 2020 My Plug and Plug Access. All rights reserved. My Plug and Plug Access is not responsible for content on websites operated by parties other than My Plug, Plug Access, and the Plug logo are either registered trademarks or trademarks of Plug in the United States and/or other countries. Other logos and product and company names mentioned herein may be the trademarks of their respective owners.
If you are aware of any infringement of our brand, please let us know by e-mailing us at [email protected].