Terms and Conditions

Introduction

This agreement, together with our Privacy Policy (known hereon as "Associated Policies"), provides the legal Terms and Conditions on which TheFestiveBoard ("the service") provided by idash Software ("we", "us", or "our").  Please read these Terms and Conditions and associated policies carefully prior to signing up for our Website and Services, as creating a TheFestiveBoard account is your acceptance of these Terms.

1 Entering into an agreement with TheFestiveBoard

1.1 TheFestiveBoard

TheFestiveBoard is an online ticketing management Platform, specifically developed for use by Masonic Lodges across the UK, which enables Event Organisers to sell and manage tickets for their events (i.e. Festive Boards).

1.2 Company Information

1.3 About you

If acting on behalf of a business or other entity, you have permission to act on behalf of the entity for which you are entering into an agreement with TheFestiveBoard and have the authority to sell and manage tickets for the entity's events. In so doing, you are agreeing to these Terms on behalf of the entity.

If using the service to RSVP and pay for events, you are agreeing to these Terms as an individual. If inviting guests to the event, permission is required from the guest to enter their information. In so doing, you are agreeing to these Terms on behalf of the guest.

1.4 Our agreement with you

By creating a TheFestiveBoard account, you are entering into an agreement with TheFestiveBoard, and you accept these Terms and conditions of use and Associated Policies. If you do not agree to any of the inclusions in our Terms and policies, please do not sign up to use our Services.  

If you violate these Terms, TheFestiveBoard may terminate your use of the Website, bar you from future use of the Website and/or take appropriate legal action against you.

1.5 Your obligations

TheFestiveBoard is an online service which will allow you to create an account, list events, sell tickets online, and manage ticket sales. Whilst we are happy to provide support and assistance to you and your Customers, we have no relationship with your Customers. When booking a ticket, the Customer is entering into a contract with you to provide the service/event, TheFestiveBoard is merely facilitating this contract. You agree to the following:

To respond promptly to any ticket-holder queries which are either sent direct to you from the Customer or sent via TheFestiveBoard on behalf of the Customer.  If you fail to respond to emails from a Customer or TheFestiveBoard regarding event cancellations, postponements or refund requests, TheFestiveBoard has the right to make a decision on the refund request to avoid a charge dispute. TheFestiveBoard will not be liable for refunds under these circumstances.

To accept all liability in relationship to the contractual relationship between you and the Customer.

To cancel an event in your TheFestiveBoard account, if your event is cancelled, which will send a notification to Customers but will not trigger any refunds.

To notify Customers and TheFestiveBoard immediately of any changes to your event. This is to include event change of date, change of venue, or event title. The service will prompt to send updates to Customers if there is an update

When using the TheFestiveBoard Website, you agree to:

Comply with all applicable laws, regulations and obligations related to your events and services that you provide

Provide us with accurate and relevant information about you, your business and your account Users which is required to enable us to provide our Services to you.

Ensure that event information is kept up to date within the TheFestiveBoard Website.

Ensure that User contact details are accurate and kept up to date within your TheFestiveBoard account.

Cooperate with us in all matters relating to the Service, your events, and Customers.

1.6 Violation of Terms

You understand and agree that in TheFestiveBoard's sole discretion, and without prior notice, we may terminate your access to the service, cancel ticket orders or exercise any other remedy available and remove any unauthorised User content if TheFestiveBoard believes that your conduct is in breach of these Terms or Associated Policies, if we suspect that you are using our services for fraudulent or criminal purposes, if your conduct could lead to damage to reputation by association or if we are requested to close your account by law enforcement agencies. We will not be liable for any loss or damage that may arise from your misuse of our service.

2 Unacceptable Use of TheFestiveBoard

2.1 Prohibited Events

TheFestiveBoard cannot be used for the following event types:

• Lotteries; auctions; sports forecasting or odds making; fantasy sports leagues with cash prizes; internet gaming; contests; sweepstakes; and games of chance (e.g., raffles). This is due to restrictions on credit card payments under UK legislation and licence requirements (where applicable).
• Sexually explicit events, including but not limited to adult-natured events, gentleman's clubs, topless bars and strip clubs.
• Events which you know are fake to undertake fraudulent charges to Customer cards or obtain Customer data.
• Events which do not hold the required permits or licences to stage the event or illegal events.
• Events by criminal organisations / organised crime.

2.2 Prohibited Content

Prohibited content includes, but is not limited to, content that:

• Is offensive, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
• Could be harmful to minors.
• Harasses or advocates harassment of another person.
• Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming".
• Promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous.
• Contains copyrighted material for which you do not have permission or licence to use.
• Displays pornographic or sexually explicit material of any kind.
• Provides material that exploits people under the age of 18 in a sexual or violent manner or solicits personal information from anyone under 18.
• Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses.
• Terrorist activity, symbols or imagery.
• Is considered fraudulent or illegal.

2.3 Prohibited Behaviour

The following will be considered as a breach of these Terms and Conditions.

Behaviour which will harass, abuse, or harm another person.

Fraudulent event listings by anyone other than the legitimate Event Organiser.

Unauthorised ticket sales.

Ticket re-sale.

Unauthorised use of any robot, spider, or other automated devices on the Website.

Any abuse towards a idash Software employee (verbal, physical or written).

Abuse towards a customer (verbal, physical or written).

3 Your Account

3.1 Ticket Sales Management

TheFestiveBoard Website enables Event Organisers (i.e. Secretaries) to keep track of all ticket sales whether purchased through TheFestiveBoard online (known as online sales) or purchased direct with the Event Organiser (known as inhouse sales).

If inhouse sales are being made from the same block of tickets that have been made available for online sales, it is crucial that the Event Organiser records these sales via their TheFestiveBoard account to keep records of their total sales up to date. Otherwise, this will result in a discrepancy whereby seats or capacity that have already been sold inhouse will still appear to be available on the sales site and therefore could be sold twice.

TheFestiveBoard will not be liable for any such discrepancy or its consequence - it is the responsibility of the Event Organiser to record all sales properly to ensure that double booking is avoided.
 
3.2 Account Users

The person who creates the TheFestiveBoard account is the account Administrator (also known as "Secretary"). Other Administrators can be added to your account. Administrators are responsible for account compliance with these Terms and associated policies and are required to ensure that all other Users on their account comply. Administrators are fully responsible for account security and all activities that occur within the account, including, without limitation, all actions by Users registered under the account. Administrators will also ensure that:

Administrator registration details must provide a person's name and not the company name under first name/last name. 

Account and User registration details are kept accurate and current.

All User passwords and account login credentials are kept confidential. You must notify TheFestiveBoard immediately by emailing info@idashsoftware.co.uk as soon as you become aware of any unauthorised use of any User passwords or any other breach of security. 

3.3 Content
Through use of the TheFestiveBoard Website, Event Organisers upload data regarding their organisation, venues, event dates, ticket prices, etc. This data populates the TheFestiveBoard with what the Customer sees when they purchase tickets for the listed events.

All details of Events including, but not limited to, event times, ticket prices, capacity availability, venue address are entered onto the system by the Event Organiser. The accuracy of all such information is always the responsibility of the Event Organiser. Failure to provide accurate event details (including amendments to an event if the date or time changes) will breach this agreement and may lead to the account being suspended and TheFestiveBoard will be entitled to seek compensation for any direct costs incurred because of incorrect event information listed on TheFestiveBoard. The content uploaded by Event Organisers does not represent the view or opinions of TheFestiveBoard and TheFestiveBoard cannot be held liable for this content.

3.4 Copyright and Intellectual Property

You must hold the copyright or have permission to use all content that you upload to the TheFestiveBoard Website, including images, trademarks, event titles, event descriptions or any other copyrightable material and ensure that the content does not infringe the copyrights or other rights of third parties.  We will remove any content that we believe contravenes copyright or trademark laws and may terminate your account for persistent misuse.  The Event Organiser is liable for all content uploaded to the TheFestiveBoard Website and indemnifies TheFestiveBoard from any complaints or legal action which may occur. 

3.5 Pricing Errors

If the amount paid by the Customer for a ticket sold through TheFestiveBoard is grossly incorrect, regardless of whether because of an error in a price posted on the Website or otherwise communicated to the Customer and regardless of whether caused by transactional malfunction of this Website or other TheFestiveBoard operated system or by human error on the part of the Event Organiser, then TheFestiveBoard will have the right to cancel that ticket(s) and refund the Customer the amount that they paid.

3.6 Account Closure / Dormant Accounts

If an account has been created but there are no online bookings processed, the account can be deleted upon request.

If your account has processed online bookings, the account must remain live for nine months from the date of the last transaction. This is to enable us to defend any charge disputes which arise, Customer booking queries or ticket payout queries.  The account can be disabled (no User log-in access) during this period if required. 

If an account has not had any log-in access for four years, or if a new TheFestiveBoard account is created but no events are put on sale within six months, it will be considered a dormant account, and all data will be deleted.

TheFestiveBoard 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 Financial Matters

4.1 Payment Processing

There is one payment processing option available to Event Organisers when using the TheFestiveBoard system.

Stripe payment processing. Credit/debit card bookings processed online or inhouse via the Event Organiser's own Stripe merchant services gateway. Income is deposited direct to the Event Organiser's bank account less the applicable booking fee and delivery fee, telephone service fee (where applicable) and Stripe fees. See section 4.2.

4.2 Stripe payment processing

Event Organisers will collect booking income direct from the Customer that is deposited into the Event Organiser's bank account. When using Stripe payment processing, the Event Organiser agrees to the following.

You will set up and manage their own merchant services through Stripe (for information please go to www.stripe.com).

The deduction of booking fees is automatically calculated per transaction which can be seen through Stripes dashboard.

You accept responsibility for refunds. Please note that booking fees are non-refundable. Event cancellation will not refund the booking fee, and it is the Event Organisers responsibility to refund the booking fee if applicable.

You will notify TheFestiveBoard of any event cancellation or significant changes to an event (e.g., change of date, venue, headline act). In this situation, TheFestiveBoard will process refunds for Customers to ensure the booking is refunded (excluding the booking fee).

You will accept responsibility for chargebacks.

You accept responsibility for compliance with PCI DSS standards and GDPR for the safe handling of payment cards and personal data.

You indemnify TheFestiveBoard against any Customer claims relating to refunds, errors, or failure to refund, chargebacks or double charges.

For booking fees, see section 5.1.

4.3 VAT Liability

Event Organisers remain solely responsible for the accounting and payment of VAT collected through the sale of tickets to HM Revenue and Customs. TheFestiveBoard is only liable for the VAT component of the booking fee. After your event, you will be provided with an Event Statement which provides a full income breakdown for your event/s monies received from online sales, details of the Event Organiser's VAT liability if applicable (i.e., the ticket revenue) and the booking fees and applicable VAT charged by TheFestiveBoard. This statement will act as your VAT invoice from TheFestiveBoard for booking fees.

5 Fees and Charges

5.1 Booking Fees

All tickets purchased through TheFestiveBoard are subject to a booking fee. This fee is designed to cover payment processing costs and ensure a consistent gross profit of £1 per transaction. The booking fee is calculated based on Stripe’s processing charge of £0.20 plus 1.5% of the total transaction amount. This fee is added to the ticket price and displayed at checkout. We reserve the right to adjust this booking fee from time to time.

The booking fee will always be displayed separately and clearly to customers at checkout, ensuring full transparency regarding the amount paid.

Tickets purchased inhouse (i.e., Event Organisers own bookings of cash, cheque, complimentary tickets) are not charged a booking fee.

6 Ticket Management

6.1 Exchanges and Refunds

Unless where an event is cancelled or postponed (see sections 6.2 and 6.3), it is the Event Organiser's responsibility to resolve Customer exchange or refund requests subject to their own policy.

The Event Organiser can refund or exchange a booking via their TheFestiveBoard account. 
The booking fee is non-refundable if an Event Organiser processes the refund.

TheFestiveBoard does not permit exchanges for tickets to events staged by different Event Organisers.

6.2 Cancelling an Event / Customer Rights

You must notify TheFestiveBoard of a cancelled event as soon as you become aware of the cancellation.  This can be done by either cancelling the event within your account or by emailing info@idashsoftware.co.uk if you are unable to cancel the event. 

When an event is cancelled by the Event Organiser, Customers will be entitled to a refund. TheFestiveBoard can action the refunds on your behalf if requested. We will refund the purchase price of a Customer's tickets excluding the booking fee.

If the booking fee needs to be refunded, it will be the Event Organisers responsibility to action this for the Customer.

6.3 Event Postponed or Change of Venue / Customer Rights

You must notify TheFestiveBoard of an Event postponement or change of venue as soon as you become aware.  This can be done by updating the event date/venue within your account.

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 or alternatively the Customer will be entitled to a refund. The Event Organiser is responsible for actioning the refund which can be done through TheFestiveBoard or Stripe. TheFestiveBoard will refund the purchase price of a Customer's tickets excluding our booking fee.

7 Customer Data

7.1In respect of any personal data as defined in the Data Protection Act 2018, also known as GDPR, the Event Organiser holds responsibility to ensure that they are fully compliant with the Regulations.  TheFestiveBoard is not liable for the GDPR compliance of Event Organisers. 

Subject to all applicable data protection legislation and the Terms of our Privacy Policy, all Customer personal data generated in connection to your event shall be owned by the Event Organiser and/or their Organisation (the Data Controller) and, subject to any relevant consents being granted by the Customer under GDPR, shall be entitled to use such Customer data in whatever manner it sees fit. TheFestiveBoard as the Data Processor is permitted by the Event Organiser to access a Customer's Personal Data to be able to deliver the Service as outlined in these Terms and Conditions of Use.

Further information regarding the processing of personal data can be found in the Privacy Policy

8 The Legal Bit

8.1 Disclaimer

The site and its content are delivered on an "as-is" and "as-available" basis. TheFestiveBoard disclaims all warranties, express or implied, also including any implied warranties of merchantability and fitness for a particular purpose.

Whilst we strive to provide access to our Website 24 hours a day, we do not guarantee the availability of our Website and shall not be liable if for any reason the Website is unavailable for any period of time. We will notify you of any known downtime for maintenance however will not be liable for unexpected Website outages for reasons outside of our control. 

TheFestiveBoard does not promise that the site will be error-free or that it will provide specific results from the use of the Website, or any content, search, or link on it.

TheFestiveBoard cannot ensure that files you download from the site will be free of viruses or contamination, or destructive features.

TheFestiveBoard will not be liable for any damages of any kind arising from the use of our Website and our Services including, without limitation, direct, indirect, incidental, and punitive and consequential damage. TheFestiveBoard makes no guarantee of any specific result from the use of this site or the use of the TheFestiveBoard service.

8.2 Intellectual Property Rights

TheFestiveBoard, its Website, brand and the design are owned by and are registered trademarks and copyright of idash Software Ltd. All rights reserved.  Unless expressly authorised by TheFestiveBoard, you must not modify, rent, lease, loan, sell, distribute or create derivative works based on our Website, brand or services for performance, service analysis or competition.

You grant us, and where required our Processing Partners, a worldwide, non-exclusive, royalty-free licence to the content you have provided on the TheFestiveBoard Website to undertake performance and service analysis and enable us to provide our Services to you and your Customers.  We will only use your content or materials to carry out your instructions to us unless a court or other regulator orders us to disclose them.

8.3 Limitation of Liability

You are solely responsible for your actions and those of your account Users when using the TheFestiveBoard Website.

TheFestiveBoard is not responsible for the products, services, actions, or failure to act of any venue or other third parties in connection with or reference on the site. 

We will not be liable for actions that we take due to your breach of these Terms and Conditions or a breach by a User on your account. 

You agree to indemnify TheFestiveBoard, our officers, directors, partners, and employees from any cost, claim or demand, including reasonable legal fees:

Regarding any dispute that arises between you and your Customers.

Regarding any third party because of any content you have uploaded or your use of the Website.

Notwithstanding the foregoing, nothing in the Agreement shall be taken to limit or exclude any liability which TheFestiveBoard may have for (i) death or personal injury arising from TheFestiveBoard negligence; (ii) fraudulent misrepresentation; or (iii) any liability that cannot be excluded or restricted by law.  Subject to this we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of income or any indirect or consequential loss arising under or in connection with the provision of our Services.  Our total liability to you for all other losses arising in connection with the provision of our Services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be either:

• the TheFestiveBoard Booking Fees that you have paid to us in the three-month period immediately preceding the circumstances giving rise to the claim; or
• a maximum of £100 covering all events in the preceding three months prior to the circumstances giving rise to the claim, where no tickets were sold or tickets issued had no monetary value.

8.4 Indemnity

You will indemnify TheFestiveBoard and undertake to keep TheFestiveBoard indemnified against any losses, damages, costs, liabilities, and expense (including legal expenses) incurred or suffered by TheFestiveBoard arising out of any breach by you or any of your account Users of any provision of these Terms and Conditions or arising out of any claim that you have breached any provision of these Terms and Conditions.

8.5 Breaches of these Terms and Conditions

Should you or an account User breach these Terms and Conditions, TheFestiveBoard may take such action that it considers appropriate to the breach. This may include removing content, deactivating events and/or removing them from public view, cancelling events and issuing refunds, suspending accounts, and removing User access.

TheFestiveBoard will also reserve the right to seek reimbursement from you for any costs incurred by your breach and disclose information to law enforcement authorities should it be considered necessary.

8.6 Variation

TheFestiveBoard reserves the right to change these Terms and Conditions at any time, effective immediately upon posting on the Website.  Any revisions will apply to the use of this Website from the date of the publication of the revised Terms and Conditions on this Website.

8.7 Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales. Disputes arising with these Terms shall be subject to the non-exclusive jurisdiction of the English or Welsh courts.

Nothing in these Terms seeks to limit or exclude consumers' legal rights.