Terms of Service · rallyp0int

rallyp0int Terms of Service

Effective Date: [DRAFT: set on approval]

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and rallyp0int ("rallyp0int," "we," "us," or "our"), governing your access to and use of the rallyp0int website, applications, and all related services (collectively, the "Services").

By accessing or using any part of the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any other policies or guidelines referenced herein. If you do not agree to these Terms, you may not access or use the Services.

1. Acceptance of Terms

You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Terms of Service. If you do not agree with all of these Terms of Service, then you are expressly prohibited from using the Services and you must discontinue use immediately.

We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. We will alert you about any changes by updating the "Effective Date" of these Terms of Service, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Service to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the Services after the date such revised Terms of Service are posted.

2. User Accounts and Registration

To access certain features of the Services, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
You are responsible for safeguarding your password and for any activities or actions under your account. You agree to notify rallyp0int immediately of any unauthorized use of your account.
You must be at least 16 years old with parental consent or 18 to use rallyp0int. By creating an account, you represent and warrant that you are at least 18 years old.

3. Hosting Events

To host events you must be at least 18, give a host name and city, and confirm a mobile phone number by a one-time code. One phone number may belong to one account.
Every event a host submits is reviewed by rallyp0int before it is shown to the public. While it is in review, only the host and our reviewers can see it. We may approve, reject (with a reason) or later remove any event at our discretion, including an event that has already sold tickets. A host whose events have a record of approval may have new events published straight away and checked afterwards; a rejection or removal can end that.
You are responsible for your event: that its details (date, time, place, price, line-up, age limits) are accurate, that it is lawful and safe, that you hold any licences, permits and permissions it needs, and that you honour every valid ticket.
The Terms and Conditions and the Community Guidelines also apply to hosts and their events.

4. Tickets, Payments and Refunds

Who sells the ticket: rallyp0int sells tickets on the host's behalf and is the merchant of record: your card is charged by rallyp0int, through our payment processor Stripe. The event itself is put on by the host, who is responsible for running it.
Price and booking fee: The price you pay is the ticket price set by the host plus a booking fee, both shown before you pay. The booking fee covers payment processing and the running of rallyp0int.
Your ticket: A ticket is a QR code in the rallyp0int app and on the website. It admits one person once; it is scanned at the door and cannot be used again. Keep it private: anyone holding the code can use it, and we cannot replace a ticket someone else has already scanned. Tickets may not be resold for more than their face value, or used for commercial purposes, without the host's permission.
Refunds: Refunds are decided by the host. A refunded ticket is cancelled and stops working at the door, and the full amount you paid, including the booking fee, goes back to the card you paid with. Your bank may take several days to show it. If an event is cancelled and the host does not refund you, contact us at admin@rallyp0int.com and we will help. Nothing in these Terms limits any right you have under consumer law that cannot be excluded, including the New Zealand Consumer Guarantees Act 1993.
Disputes and chargebacks: Please contact the host or us before disputing a payment with your bank. If a payment is disputed or found to be fraudulent, the ticket may be cancelled.

5. Host Payouts

What hosts receive: The host receives the ticket price they set. The booking fee is paid by the buyer and kept by rallyp0int. The fee rate depends on the host's plan and is shown on the hosts page.
When: rallyp0int holds ticket money until the event has happened. A sale becomes payable 24 hours after the event's start time (or 7 days after the sale, for tickets not tied to a dated event), and is then paid to the bank account the host gives us. Hosts must give accurate bank details and are responsible for any taxes on their takings.
Refunds and chargebacks after payout: If a ticket is refunded, disputed or charged back after its money has been paid out, the host owes that amount. We take it from the host's next payouts, and may ask the host to repay it directly if there are none.
Holding payouts: We may delay or withhold a payout while we look into a cancelled or removed event, a complaint from ticket holders, suspected fraud or a breach of these Terms, and may use held money to refund ticket holders.

6. User Conduct and Responsibilities

You agree to use the Services only for lawful purposes and in accordance with these Terms.
You are solely responsible for all content you upload, post, or transmit through the Services.
Prohibited Activities: You agree not to:
1. Engage in any illegal or fraudulent activity.
2. Infringe upon the rights of others, including intellectual property rights.
3. Upload or transmit viruses, malware, or any other malicious code.
4. Harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
5. Collect or track the personal information of others.
6. Use the Services for any purpose that is prohibited by these Terms or applicable law.

7. Intellectual Property Rights

All content, trademarks, service marks, logos, and designs on the Services, unless otherwise indicated, are owned by rallyp0int or licensed to rallyp0int and are protected by copyright, trademark, and other intellectual property laws.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use, strictly in accordance with these Terms.
You retain ownership of any content you create and upload to the Services, but you grant rallyp0int a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, publish, distribute, and display such content in connection with the Services.

8. Disclaimers and Limitation of Liability

"AS IS" Basis: The Services are provided on an "AS IS" and "AS AVAILABLE" basis. rallyp0int makes no warranties, express or implied, regarding the Services, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
No Guarantees: rallyp0int does not warrant that the Services will be uninterrupted, error-free, secure, or free from viruses or other harmful components. We do not guarantee the accuracy, completeness, or reliability of any content or information on the Services.
Limitation of Liability: To the maximum extent permitted by applicable law, in no event shall rallyp0int, its affiliates, directors, employees, or agents be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services; (iii) any content obtained from the Services; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.

9. Indemnification

You agree to defend, indemnify, and hold harmless rallyp0int, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.

10. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of law principles.

Any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, or invalidity thereof, shall be resolved exclusively through binding arbitration in Auckland, New Zealand, in accordance with the arbitration rules of the relevant New Zealand arbitration body (e.g., AMINZ). The arbitration award shall be final and binding on the parties.

11. Termination

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services or contact us.

12. Miscellaneous

Entire Agreement: These Terms constitute the entire agreement between you and rallyp0int regarding the Services.
Severability: If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and rallyp0int's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Contact Information: For any questions about these Terms of Service, please contact us at accounts@rallyp0int.com