HEHE Match PAID EVENT TERMS
The following Paid Event Terms (the “Terms”) govern your utilization of the Paid Events Services (as outlined below) provided by HEHE Match Inc. (“HEHE Match,” “we,” “us,” and “our”). They are in addition to the HEHE Match Event Terms and Terms and Services.
- DEFINITIONS
As used herein, the term “Applicable Law” refers to all laws (including common law), codes, statutory provisions, ordinances, guidelines, restrictions, compliance bulletins or guidance, regulatory examinations, and supervisory decrees and commands of any governmental authority, as the same may be modified and in effect from periodically.
Any HEHE Match user who buys a ticket from a Vendor is referred to hereafter as the “Buyer(s).”
By “Network Rules,” we mean the statutes, guidelines, restrictions, operational protocols, operating letters and directives, and cardholder data protection requirements that a Payment Network has developed and imposed, which may be updated occasionally.
Paid Event Services, or simply “Services,” refers to the functionality of HEHE Match that allows some users (Merchants) to sell tickets to other users (Buyers) for specific, fee-based events on this website.
When referring to credit or debit card transactions, “Payment Network” can refer to Visa, MasterCard, American Express, Discover, or other networks.
Payment processing services include but are not limited to card handling and settlements, currency trading, identification verification, fraud investigation, fund disbursement, and regulatory compliance.
When referring to the Paid Event Services, the term “Payment Processor” refers to one or more payment systems that have joined into a binding contract with HEHE Match (or its affiliates) to provide Payment Processing Services.
Payment Transaction refers to a Buyer’s use of a Payment Processor to make a monetary purchase from a Merchant through the Paid Event Services.
- IMPLEMENTATION OF PAID EVENT SERVICES
Purpose of the Agreement; a Description of the Services Provided. You must comply with these Terms to use the Services. Using the Services, you can:
- Sign up for a Payment Processing account.
- Create and organize a paid event on the website of HEHE Match.
- Collect ticket purchases from Buyers and deposit those funds into your Payment Processor account.
- Utilizing Event Services for a Fee. You can use our Paid Event Services to collect money from your customers and send it to whichever Payment Processor you choose. If the nature of your business is such that it breaches Applicable Law, the pertinent Network Rules, or is otherwise prohibited by HEHE Match, then you may not utilize the Services. In the event of a violation of this section, we reserve the right to suspend, remove, or disable your access to the Services immediately and without prior notice. Your Payment Processor may impose some additional limitations.
- An acknowledgment from the merchant. You understand and agree that any Payment Transactions are solely between you and the Buyer and that HEHE Match is not involved. You know that HEHE Match is not a financial institution or other bank institution, transaction institution, currency exchanger, or payment service firm and that your authorized Payment Processor will process all funds related to the Payment Transaction.
- The procedure for signing up and determining eligibility. Your use of the Paid Event Service is contingent upon your active account with a supported Payment Processor. If you click the “I Accept” button below, you’re confirming you’re at least 18 years old or over the age of majority in your jurisdiction, whichever is older.
- Updates to Paid Event Services. Your use of the Services is subject to change, suspension, or termination at any time at the sole discretion of HEHE Match. HEHE Match is free to alter, update, or discontinue any portion of the Services at any time.
- HEHE Match Fees. HEHE Match will not charge any fees for Payment Transactions completed before December 31, 2022. In the future, however, HEHE Match may charge a fee for accessing the Service. These fees may take any form HEHE Match deems appropriate. HEHE Match will give the Merchant a minimum of one (1) month’s notice of any fees. If and when HEHE Match starts charging for the Service, the Merchant is under no obligation to continue using the Service.
- Taxes. For any Payment Transactions completed before the end of 2022, HEHE Match will be responsible for remitting any sales tax due. For the avoidance of doubt, HEHE Match is not promising to cover any of the Merchant’s tax obligations, including but not limited to all net profit taxes, business income taxes, franchisor’s taxes, or property taxes. You are still accountable for making sure they follow all applicable tax regulations. Furthermore, you agree to hold HEHE Match harmless from any claims arising from your misrepresentation, including but not limited to any misrepresentation of your tax residency, tax status, or tax information.
- Fraud prevention. To prevent fraud or illegal transactions, HEHE Match may limit the use of the Service from time to time. You agree that HEHE Match and its affiliates will not be liable to you for taking any action to prevent fraud. Merchant is fully liable for any fraudulent activity.
MERCHANT OBLIGATIONS
- Buyer disputes. All disputes between you and Buyers arising out of or relating to any Payment Transactions between you and Buyers are your sole responsibility to resolve.
- Legal compliance. You must comply with all Applicable Laws and Network Rules in connection with your use of Paid Event Services at all times. You and your Payment Processor shall be responsible and liable for compliance with all the latest versions of the Applicable Laws, Rules, and Regulations.
THIRD-PARTY SERVICES
- Payment Processors. HEHE Match has arranged for Payment Processors to facilitate Paid Events Services for Merchants Payment Processing Services. Support for these external Payment Processors is provided at the sole discretion of HEHE Match and may be added or removed at any time. HEHE Match’s role is limited to a messenger, conveying information to you and/or your Payment Processors regarding Payment Transactions.
The settlement of Buyer funds to you is the sole responsibility of the Payment Processor for their Payment Processing Services. You understand and agree that HEHE Match is not responsible or liable for any losses or damages related to or deriving from the usages of a Payment Processor, including but not limited to the receipt or transmission of payments, losses, the invoice or transmission of payouts, liabilities, or damages from misguided or misplaced payments, infringements of safety, refunds, scams, theft of funds, breaches of banking, money-laundering, confidentiality, or any other laws about or originating from using such Payment Processor.
- Utilization of Data Collected. Data is collected from you by both HEHE Match and the Payment Processors to facilitate the Services to you. HEHE Match and your Payment Processor may share your information. If you use our Paid Event Services, the HEHE Match Privacy Policy will apply to any information you and/or your Payment Processor supply to us. HEHE Match may disclose your contact information as necessary to administer this Agreement and provide the Paid Event Service.
Data that you supply directly to your Payment Processor are subject to policies for Payment Processing Services with your Payment Processor and it is your responsibility to comply with their terms and conditions. For example, if Ailypay is your Payment Processor, you accept their terms and conditions.
- Violation of Third-Party Agreement. If we are notified that your activity violates your Payment Processor’s terms and services, at our sole discretion, HEHE Match may take actions against your account to comply with our obligations to the Payment Processor. Such actions may include but are not limited to cancelling transactions, disabling your access to Payment Processor connection, and/or suspending access to a Payment Processor or Paid Event Services.
CLAIMS DEFENSE, LIMITATION OF LIABILITY, AND DISCLAIMER.
5.1 No Warranty
HEHE Match’s disclaimer of legal liability for the quality, safety, or reliability of the Services.
HEHE Match and its affiliates neither represent nor warrant the services, including but not limited to any representation that the services will be uninterrupted or error-free. We provide the services (i.e. content and information) on an “as is” and “as available” to the fullest extent permitted under applicable laws and regulations, HEHE Match and its affiliates disclaim any implied or statutory warranty, including but not limited to any implied title warranty, data accuracy, non-infringement, merchantability or fitness of any purposes at all times.
5.2 Exclusion of Liability
These are the limits of legal liability we have to you.
Unless there is a separate written agreement that supersedes this contract, to the fullest extent permitted by applicable laws and regulations, HEHE Match and its affiliates will not be liable for including but not limited to any loss or damages in relation to your direct and indirect profits, business opportunities, reputation (e.g., offensive or defamatory statements), data (e.g., downtime or loss, your information or content)
HEHE Match and its affiliates will not be liable to you in relation to this contract for any amount that exceeds (a) the total fees paid or payable by you to us for the services during the term of this contract, if any, or (b) $500.
5.3 Bargain Element
The liability limitations are part of the basis of the bargain between HEHE Match and you, and shall apply to all claims (e.g., warranty, tort, negligence, contract and law), including but not limited to the situations that either HEHE Match or its affiliates has been notified of the possible damages, and the remedies fail to function.
- TERMINATION.
You and HEHE Match each have the right to terminate the Terms for any reason with notice to each other at any time. Any termination of your Payment Processor’s Payment Processing Services may affect your ability to collect proceeds for Services or receive settlement money from your Payment Processor etc.