Host Terms

1.1 These Host Terms are between Locanter Limited, a company incorporated in Ireland (company registration number 802784), whose registered office is at 77 Camden Street Lower, Dublin, D02 XE80, Ireland (Locanter, we, us, our), and you, the Host.

1.2 They govern your use of the platform as a Host, including listing Events and, where you enable it, selling Tickets.

1.3 The following also apply and are incorporated by reference: our Privacy Policy; the attendee-facing Platform Terms of Use and Ticket Purchase Terms, which govern Locanter’s relationship with Attendees and which you authorise us to apply to sales of your Tickets; and the terms of our payment processor.

1.4 If there is any conflict, these Host Terms govern the relationship between you and Locanter, except that the terms of our payment processor govern payment processing, and the Privacy Policy governs personal data.

1.5 Words with capital letters that are not defined in these Host Terms have the meaning given to them in the Platform Terms of Use, unless the context requires otherwise.

1.6 You enter into these Host Terms in the course of your business, trade, profession or organisational activity, and not as a consumer.

In addition to the defined terms in the Platform Terms of Use and the Ticket Purchase Terms, the following words have the following meanings:

“Data Protection Laws” means the General Data Protection Regulation (EU) 2016/679, the Irish Data Protection Act 2018, and other data protection law that applies.

“Event Terms” means your own terms and conditions for an Event.

“Host” means the organiser, venue, business, individual, community group or public body that lists or is responsible for an Event and holds a Host account, and you and your refer to the Host.

“Host Content” means the event information, images, descriptions, branding and other materials you provide or make available through the platform.

“Payment Account” means the connected payment account you set up with our payment processor to receive Payouts.

“Payout” means the transfer to you of Ticket Prices collected on your behalf, less any amounts we are entitled to deduct under these Host Terms.

“Refund Policy” means your refund and cancellation policy for an Event.

“Service Fee” means the fee Locanter charges the Attendee under the Platform Terms of Use and the Ticket Purchase Terms.

“Ticket Price” means the price of a Ticket that you set, which is payable to you.

3.1 To use the platform as a Host you must register a Host account, provide accurate, current and complete information, and keep it up to date.

3.2 You are responsible for your Host account, for the security of your login details, and for all activity under your account, including by staff you authorise. Where the platform offers roles, such as owner, admin, manager or scanner, you are responsible for assigning them appropriately and for your team’s use of them.

3.3 To sell Tickets, you must complete payment onboarding and identity verification with our payment processor, Stripe, and provide any information we or the processor reasonably require, including for anti-money-laundering, fraud prevention and tax purposes. We or the processor may decline, suspend or limit your ability to sell or to receive Payouts where verification is incomplete or where there is a legal or risk reason.

3.4 We may refuse, suspend, restrict or close a Host account in line with clause 13.

4.1 You may create Listings for your Events. You are responsible for the accuracy and completeness of each Listing and for keeping it up to date, including the date, time, location, price, capacity, age restrictions and entry requirements.

4.2 You must not list an Event you are not authorised to organise or sell Tickets for, and you must not publish a Listing or Host Content that is unlawful, infringing, misleading, or in breach of these Host Terms or the law.

4.3 You grant Locanter a non-exclusive, royalty-free, worldwide licence to host, store, reproduce, adapt, publish, translate, display and distribute your Host Content for the purposes of operating, providing, marketing and promoting the platform and your Events, and to sub-licence these rights to the service providers who help us run and promote the platform. This licence continues for as long as needed for those purposes and for our reasonable record-keeping.

4.4 You are responsible for ensuring that you have all rights and permissions needed for your Host Content, including images and any third-party material.

4.5 We may review, moderate, refuse, edit or remove any Listing or Host Content, for example where we reasonably consider that it breaches these Host Terms or the law. Where it is reasonable and lawful to do so, we will tell you why.

4.6 You must not submit, solicit or incentivise fake or misleading reviews of your Events, and you must not attempt to manipulate rankings or reviews.

5.1 Where you enable ticketing for an Event, you sell Tickets to Attendees through the platform. You are the seller of the Ticket and the merchant of record. The contract for the Ticket is formed directly between you and the Attendee.

5.2 You appoint Locanter as your limited agent, and Locanter agrees to act, solely to: display your Event; conclude Ticket sales on your behalf; collect the Ticket Price on your behalf through our payment processor; issue Booking Confirmations and Tickets to Attendees on your behalf; and process refunds on your behalf in line with these Host Terms. This is the only agency between us, and it does not make Locanter the seller, the merchant of record, or a party to the contract between you and the Attendee.

5.3 You authorise us to present the Ticket Purchase Terms to Attendees on your behalf and to apply them to sales of your Tickets, and you agree that those terms, together with your Event Terms and Refund Policy, govern each sale.

5.4 You are responsible for the Event and for all of your obligations to Attendees as the seller, as set out in clause 8.

5.5 You are responsible for determining, charging, collecting, reporting and paying any VAT or other taxes due on the Ticket Price and on your Events. The Ticket Price is treated as inclusive of any VAT you are required to account for. Locanter is responsible only for any tax due on its own Service Fee.

5.6 You must set and publish a Refund Policy for each ticketed Event, or accept the default Refund Policy we make available. You may make your Refund Policy more permissive at any time, but you cannot make it stricter once a Ticket has been sold for that Event. Neither your Refund Policy nor these Host Terms may purport to remove Attendees’ rights that cannot be excluded under consumer law.

6.1 You set the Ticket Price for each Ticket type.

6.2 The Attendee pays the Ticket Price plus Locanter’s Service Fee. The Service Fee is charged to the Attendee under the Platform Terms of Use and the Ticket Purchase Terms. It is Locanter’s own charge and is not deducted from your Ticket Price.

6.3 You receive the Ticket Price for each Ticket sold. The fees of our payment processor on Ticket sales are borne by Locanter and are not deducted from your Ticket Price.

6.4 Ticket Prices are collected and held by our payment processor on your behalf, pending Payout to your Payment Account, less any amounts we are entitled to deduct under these Host Terms. No interest is payable to you on amounts held.

6.5 We will arrange Payouts to your Payment Account on a rolling basis, subject to a standard hold of approximately 3 days after a sale, and a longer hold of approximately 7 days for your first Event. We do not currently apply a minimum Payout threshold.

6.6 We or our payment processor may delay, suspend, withhold or set a reserve against Payouts where reasonably necessary, for example for suspected fraud, unusually high refund or chargeback rates, incomplete verification, a dispute, or a legal or regulatory requirement.

6.7 We may deduct or offset from amounts held for you, or recover from you, any refunds, chargebacks, fees, reversals or other amounts you owe us under these Host Terms. If the amounts held are insufficient, you must pay us the shortfall on demand.

7.1 You are responsible for refunds of the Ticket Price, in line with your Refund Policy and the law. You authorise us to process refunds to Attendees on your behalf and to fund them from amounts held for you, or to recover them from you, under clause 6.7.

7.2 If you cancel an Event, or change its date, time or location, or another aspect of it, in a way that is material to Attendees, you must refund Attendees the Ticket Price, regardless of your Refund Policy, as required by the Ticket Purchase Terms and the law. In those circumstances, Locanter will refund Attendees the Service Fee.

7.3 You bear the cost and risk of chargebacks and payment disputes relating to your Tickets and Events, to the extent that they relate to the Ticket Price. We may offset or recover these from you under clause 6.7. You will provide the information we reasonably need to respond to or contest a chargeback.

7.4 You acknowledge that Attendees have rights under consumer law that you must honour, and that Locanter may provide a refund or take other action where required by law or to comply with the Ticket Purchase Terms.

7.5 Platform refund process. Acting as your agent, we operate a refund process under which we may issue refunds of the Ticket Price to Attendees, and recover the amount from you under clause 6.7, where: (a) you cancel the Event; (b) the Event is materially changed; (c) you do not respond to a valid refund claim within the timeframe set out in that process; (d) we reasonably determine that the Event did not take place or was effectively cancelled; or (e) we are required to do so by law or by the Ticket Purchase Terms. Where these circumstances apply, your authorisation in clause 5.2 includes these refunds and they do not require your separate approval.

8.1 You are solely responsible for your Events, including their planning, delivery, content, staffing, admission and cancellation.

8.2 You must comply with all laws and regulations that apply to your Events, and obtain and maintain all licences, permits, consents and insurance required, including in relation to health and safety, premises, alcohol, music and performance rights, age restrictions, and accessibility.

8.3 You are responsible for admission to your Events, for the conduct and safety of those attending, and for handling Attendee questions, complaints and incidents relating to the Event.

8.4 Your Listings and Host Content must be accurate and not misleading, and your Events must be delivered as described.

8.5 You must deal with Attendees fairly and honour your Refund Policy, your Event Terms, and Attendees’ rights under consumer law.

8.6 You are responsible for your staff and for anyone you authorise to act for you, including those scanning Tickets at your Events.

9.1 In connection with the platform, Locanter and you each process personal data about Attendees. Except where we have agreed otherwise in writing, you and Locanter each act as an independent controller of the personal data each of you processes, and neither is the other’s processor.

9.2 Each party is responsible for complying with Data Protection Laws for its own processing, including having a valid lawful basis, providing its own privacy notice to Attendees, responding to data subject requests for its own processing, and keeping personal data secure.

9.3 We provide you with the Attendee booking information you need to fulfil Tickets and run your Events. You may use that personal data to fulfil the Ticket and run the relevant Event, and for your own purposes only where you have a lawful basis and have told Attendees in your privacy notice. You must not use it for unrelated marketing without a lawful basis.

9.4 The parties will cooperate and provide each other with reasonable assistance to comply with Data Protection Laws, and will notify each other without undue delay of any personal data breach affecting the other’s data where the law requires it.

9.5 You will indemnify Locanter for losses arising from your breach of Data Protection Laws or of this clause 9, as set out in clause 14.

9.6 If we agree that Locanter will process personal data on your behalf, for example by sending communications on your behalf, we will put in place a separate data processing agreement that meets Article 28 of the General Data Protection Regulation.

10.1 We may offer paid features, such as promotion credits to boost the visibility of your Listings. Where you use them, you authorise the related charges, and any specific terms we provide for those features apply. Promoted Listings will be labelled as such to Attendees.

11.1 The platform, and all intellectual property rights in it, are owned by or licensed to Locanter. We grant you a limited, non-exclusive, non-transferable and revocable licence to access and use the platform and the Host tools for the purpose of listing and managing your Events and selling Tickets, in line with these Host Terms.

11.2 You retain ownership of your Host Content, subject to the licence you grant us in clause 4.3.

11.3 If you give us feedback, suggestions or ideas about the platform, we may use them freely, without restriction and without obligation to you.

12.1 You warrant and undertake that:

(a) you have the authority and capacity to enter into these Host Terms, and where you act for an organisation you are authorised to bind it;

(b) you have the right to organise each Event and to sell Tickets for it, and to grant the licence in clause 4.3;

(c) your Host Content and your Events do not infringe any third party’s rights and do not breach any law;

(d) your Listings are accurate and not misleading;

(e) you hold all licences, permits, consents and insurance needed for your Events;

(f) you will comply with these Host Terms, your Event Terms, your Refund Policy, consumer protection law and Data Protection Laws; and

(g) you are not insolvent and have no reason to believe you will be unable to meet your obligations.

13.1 You may stop using the platform and close your Host account at any time, from your Host account settings, or by contacting us at the details in clause 18. Closing your account does not release you from your obligations relating to Tickets already sold or Events already listed.

13.2 We may suspend, restrict or terminate your Host account or access, or remove Listings, where we reasonably believe that: you have breached these Host Terms or the law; it is necessary to protect Attendees, the platform, us or third parties; there is a payment, fraud, chargeback or risk concern; or we are required to by law. Where it is reasonable and lawful to do so, we will give you notice and an opportunity to put things right.

13.3 On suspension or termination, we may stop new Ticket sales for your Events. You remain responsible for Events and Tickets already sold, including delivering those Events and funding any refunds due. We may complete or reverse transactions in progress, hold a reserve, and reconcile and make a final Payout of amounts owed to you, less any amounts we are entitled to deduct.

13.4 Clauses that by their nature should survive, including clauses 5, 6.7, 7, 8.5, 9, 11, 12, 14 and 16, continue after termination.

14.1 You will indemnify Locanter against all losses, costs, claims, liabilities and expenses, including reasonable legal costs, arising out of or in connection with: your Events; your breach of these Host Terms, your Event Terms or your Refund Policy; your Host Content; your breach of the law, including consumer protection law and Data Protection Laws; any tax due on your Ticket Prices or Events; any claim by an Attendee or third party relating to your Event or a Ticket you sold; and any chargeback or refund relating to your Tickets.

14.2 Nothing in these Host Terms limits or excludes either party’s liability for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, or for any liability that cannot lawfully be limited or excluded.

14.3 Subject to clause 14.2, Locanter is not liable to you for loss of profit, revenue, business, goodwill or anticipated savings, for loss or corruption of data, or for any indirect or consequential loss, in each case whether arising in contract, tort (including negligence), breach of statutory duty or otherwise.

14.4 Subject to clause 14.2, Locanter’s total liability to you arising out of or in connection with these Host Terms, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is limited, for all claims in aggregate, to the greater of (a) the total Service Fees Locanter earned on your Ticket sales in the 12 months before the event giving rise to the claim, and (b) EUR 500.

14.5 We are not responsible for the acts or omissions of our payment processor, or for any loss caused by events outside our reasonable control.

15.1 We may change these Host Terms from time to time for a valid reason, such as reflecting changes to the platform, changes in how we operate, or to comply with the law. We will post the updated Host Terms and, where the changes are material, give you reasonable notice before they take effect.

15.2 If you continue to use the platform as a Host after the changes take effect, you accept them. Changes do not apply to Tickets you have already sold.

16.1 These Host Terms, and any dispute or claim arising out of or in connection with them or their subject matter, including non-contractual disputes or claims, are governed by the laws of Ireland.

16.2 The courts of Ireland have exclusive jurisdiction to settle any such dispute or claim.

17.1 These Host Terms, and the documents referred to in clause 1, are the entire agreement between you and us about your use of the platform as a Host, and replace any earlier agreement on that subject. Nothing in this clause limits liability for fraud or fraudulent misrepresentation.

17.2 Nothing in these Host Terms creates a partnership, joint venture or employment relationship between us, and the only agency between us is the limited agency described in clause 5.

17.3 We may transfer our rights and obligations under these Host Terms to another organisation, for example as part of a business transfer or reorganisation, and we will tell you if this happens. You may not transfer your rights or obligations without our written consent.

17.4 If any part of these Host Terms is unlawful, invalid or unenforceable, the rest will continue to apply. A failure or delay in enforcing a right is not a waiver of it.

17.5 Neither party is responsible for any failure or delay caused by events outside its reasonable control, except for payment obligations.

17.6 A person who is not a party to these Host Terms has no right to enforce any of them.

17.7 We may give you notices through the platform, by email to the address linked to your Host account, or by other reasonable means.

17.8 These Host Terms are in English.