1.1. The services provided by Tourmanagement BV, with registered office at Sluisstraat 79, 3000 Leuven, Belgium, registered in the Crossroads Bank for Enterprises and VAT-register under number BE0845.647.879, e-mail info@tourmanagement.com, URL https://www.tourmanagement.com/ (hereinafter referred to as ‘Tourmanagement.com’), to the client (hereinafter ‘the Subscriber(s)’) and the designated users (hereinafter ‘the User(s)’) are governed by the Terms of Use (hereinafter ‘Terms’).
1.2. These Terms apply to the tool, accessible online via the Web Application (URL https://app.tourmanagement.com/), or downloadable as a mobile app (IOS or Android), designed by Tourmanagement BV (hereinafter ‘Tool’). These terms also governs other Tourmanagement.com URL’s such as https://venues.tourmanagement.com/ and https://account.tourmanagement.com/.
1.3. Every Subscriber/User using the Tool must accept these Terms. This is done through a screen specifically provided for this purpose during the registration of a Subscriber or a User. The conditions can always be consulted in the tool.
1.4. Tourmanagement.com reserves the right to update and modify the Terms at any time with prior notice to the Subscriber/User. The Subscriber/User will receive notification of the updated and modified Terms through a pop-up screen that appears when he logs into his account and/or via email. These Terms will become effective one month after the change and will also apply to existing Subscribers/Users.
2.1. The Tool can be accessed by a Subscriber, a User or via a private link:
(a) The Subscriber needs to register by making an account and paying the license fee. The Subscriber must complete the registration process by providing Tourmanagement.com with current, complete and accurate information as prompted by the applicable registration form. The Subscriber must also choose a password and a username.
(b) The Subscriber can invite different Users to the Tool and assign them different rights such as the most broad administrator rights or limited to the viewing of the information and everything in between. The User must also choose a password and a username.
(c) The Tool can also be accessed via direct private links shared by the Subscriber/User to third parties. These private links allow third parties direct access to certain pages in the tool shared by the Subscriber, with limited access rights, as set by the Subscriber/User sharing the link.
2.2. Each Subscriber/User is solely responsible for maintaining the confidentiality of the information regarding his account, including his password, and for all activities that occur through the Subscriber’s or the User’s account as a result of not keeping this information secure and confidential. This also includes activities through the private links the Subscriber/User creates and shares. Each Subscriber/User commits to notify Tourmanagement.com of any unauthorized use of his account or password, or any other breach of security. The Subscriber may be held liable for losses incurred by Tourmanagement.com or any other User or visitor to the Tool due to someone else using his account, password, email address or other personal data as a result of the Subscriber’s failure – or that of his designated Users – to keep his account-information secure and confidential.
2.3. Tourmanagement.com reserves the right to suspend or remove the account of the Subscriber with an expired subscription, with an inactive trial account, or when the Subscriber/his Users misuse the Tool, for example by violating these Terms.
If a Subscriber uses a band name, URL or subdomain which does not belong to the Subscriber, Tourmanagement.com may remove the Subscriber’s account and all data connected to it. Tourmanagement.com shall notify the Subscriber in writing of the removal and has the right to delete the Subscriber’s account if no reasoned response is received within 15 days.
3.1. Under these Terms and subject to payment of the applicable license fee, Tourmanagement.com grants the Subscriber a non-exclusive, non-transferable, non-sublicensable and revocable license/right to access and use the Tool, provided by Tourmanagement.com in connection with the Subscriber’s access to and use of the Tool, including that of his Users.
3.2. The Subscriber agrees that all rights, titles, and interests relating to the Tool are owned by Tourmanagement.com or by rightful third parties. The Subscriber does not obtain any ownership rights to the Tool and recognizes that the Subscriber’s right to use is limited to the specific terms set forth in these Terms.
3.3. The Subscriber/his Users are not allowed to use the Tool for any purpose that is unlawful or prohibited by these Terms. The Subscriber commits not to engage in reverse engineering, decompiling, or disassembling the Tool, or attempting to discern its source code or algorithms in any manner. The Subscriber/his Users may not attempt to gain unauthorized access to the Tool or other accounts through hacking, password mining or other means. The Subscriber is authorized to use the Tool for his own commercial purposes (i.a. to promote and manage events), on the condition that he does not disclose, lease, sell, export, distribute, copy, modify, transfer, or assign the Tool to any third party without prior written consent from Tourmanagement.com. This does not preclude the sharing of event information by the Subscriber with others via, for example, built-in export functionalities or by sharing private links.
4.1. Unless otherwise agreed by the parties, the subscription can be taken out per month or per year, starting from the acceptance of these Terms and the moment of payment of the license fee (hereinafter “License Period”).
4.2. The subscription is automatically renewed at the end of the License Period, for a period equal to the previous License Period (per month or per year) and the corresponding fee charged automatically, unless the subscription is terminated by the Subscriber. In the case of a monthly subscription, the subscription must be terminated by the Subscriber at least 1 day before the end of the License Period. In the case of an annual subscription, the Subscriber must terminate the subscription at least 7 days before the end of the License Period. The termination can be done online in the Tool by the Subscriber.
4.3. Tourmanagement.com is entitled to terminate the subscription at any moment without judicial intervention, with immediate effect and by means of written notice to the Subscriber, if:
(a) The Subscriber infringes upon the rights of Tourmanagement.com, including but not limited to the Intellectual Property Rights of Tourmanagement.com;
(b) The Subscriber violates these Terms;
(c) The Subscriber’s usage of the Tool results in damage, modification, interruption, or any form of reduced efficiency of the Tool;
(d) The Subscriber uses the Tool for an unlawful purpose or purposes contrary to the public order or morality;
(e) The occurrence of any other event or circumstance, which in the reasonable opinion of Tourmanagement.com indicates that the Subscriber will be unable to comply with its obligations under these Terms;
(f) The amount due by the Subscriber cannot be debited from the Subscriber’s registered payment method.
4.4. Upon termination of the License Period, all of the access and other rights granted in section 3 shall be terminated, and the Subscriber/his Users agree to immediately cease the use of the Tool. As from the notice of termination, all sums owed to Tourmanagement.com will become due and payable. Upon termination of the subscription, the Subscriber/his Users will have the right to download the personal data linked to their personal account.
5.1. All license fees are due in euros, unless expressly agreed otherwise in the relevant purchase.
5.2. Depending on the chosen subscription, the license fee is payable electronically upfront either monthly or yearly, prior to using the Tool. Tourmanagement.com will automatically invoice the corresponding subscription on a recurring basis via direct debit or via credit card to the Subscriber electronically and the Subscriber agrees to receive invoices in an electronic format. Unless cancellation of the subscription by the Subscriber in accordance with section 4.2., the corresponding fee will be automatically charged for the new subscription at the renewal date.
5.3. The license fee for either monthly or yearly subscriptions will be subject to possible price adjustments by Tourmanagement.com. The new fees will be communicated to the Subscriber at least 1 month before taking effect and will only be applicable on new subscriptions or at the next renewal date for existing subscriptions.
6.1. All intellectual property rights regarding the Tool shall remain the exclusive property of Tourmanagement.com. The Subscriber/his Users shall only be granted the limited license as set out in section 3. The Subscriber/his Users retain exclusive ownership and intellectual property rights to all information regarding their profile, including the band name, band logo, event, venue, song and asset related information etc.
All texts, images, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively referred to as ‘content’), including, but not limited to, the design, structure, selection, coordination, expression, ‘look & feel’, and arrangement of such content located on the Tool, are exclusive property of or licensed to Tourmanagement.com and are subject to laws regarding design, copyrights, patents, trademark, and various other intellectual property rights and unfair competition laws.
The Tool utilizes open-source software, for which Tourmangement.com does not hold ownership of specific content or components provided through the Tool. Tourmanagement.com has obtained a Creative Commons public license (CCPL) amongst other licenses for this purpose, granting them solely the right to use, reproduce and adapt this content under the terms of this license, which cannot be transferred to the Subscriber. By using the Tool, the Subscriber/his Users acknowledge that specific components and content are governed by these licenses and belong to third parties. The Subscriber/his Users agree to abide by the terms of this license and refrain from violating them. If the Subscriber/his Users fail to respect these licenses, the Subscriber shall indemnify Tourmanagement.com for any infringement of third-party intellectual property rights.
The redistribution, republication, or making available to a third party of any or all the material and intellectual property related matters on the Tool is not permitted to the Subscriber/his Users.
6.2. All content, information and data in the personal profile of the Subscriber/his Users or on his band pages is used by the Subscriber/his Users on his own terms and at his own risks. Tourmanagement.com does not verify or correct these data and cannot be held responsible for wrong or incomplete data provided by the Subscriber/his Users. By using any content, the Subscriber/his Users guarantee that they have permission to use such content. The Subscriber will hold Tourmanagement.com harmless for any claims of third parties in this matter.
6.3. If the Tool infringes the intellectual property rights of third parties, Tourmanagement.com shall indemnify and hold the Subscriber harmless for all and any direct damages resulting from a claim brought by a third party. The Subscriber shall immediately notify Tourmanagement.com if he receives such a claim.
7.1. As a condition of acceptance of these Terms, unless mandatory provisions provide otherwise, the Subscriber agrees that:
(a) Tourmanagement.com will not be liable to the Subscriber/his Users for any loss, claim or damage caused in whole or in part by the negligence (excluding gross negligence or willful misconduct) of Tourmanagement.com or by events beyond the control of Tourmanagement.com;
(b) Tourmanagement.com will not be liable, not even in case of negligence, to the Subscriber/his Users for indirect, incidental or consequential damages, including but not limited to loss of profits, loss of business, inconvenience or similar loss, revenue or savings, or the loss of use of any data, interruption of data;
(c) Tourmanagement.com cannot be held liable for direct or indirect damage suffered by the Subscriber as a result of visiting or using the Tool, unless the Subscriber can demonstrate intention or gross negligence on behalf of Tourmanagement.com;
(d) To the extent that Tourmanagement.com has any liability under these Terms, Tourmanagement.com’s liability to the Subscriber/his Users hereunder will be limited to the amount paid by the insurance company of Toumanagement.com or to the amount paid for the (yearly/monthly) license fee by the Subscriber.
7.2. With the exception of payment obligations, Parties shall not be held liable for delays or defects in the performance of the Agreement if such delays or defects are the results of facts or circumstances independent of the will of one of them, which cannot be foreseen and which cannot be avoided (force majeure), such as but not limited to exceptional weather conditions, total or partial strikes that may affect the execution of the Services, governmental decisions that would impact the execution of the services, earthquake, fire, storm, flood, water damage, theft, blockage of the computer, IT or telecommunications system. The postponement or cancellation of a show or tour is explicitly not considered as a Force Majeure event, regardless of the reason for the cancellation or rescheduling.
7.3. The Party affected by the Force Majeure must notify the other Party, in writing, as soon as possible after the impediment has occurred. These elements discharge Tourmanagement.com from the fulfilment of the Agreement, without the Subscriber being entitled to any compensation for costs, damages, and interest on that account, nor to any refund on behalf of Tourmanagement.com of the paid license fee.
7.4. In the event of Force Majeure, the Parties may suspend performance of the Agreement during the period in which the Force Majeure exists or terminate the Agreement (by registered letter) if the Force Majeure continues for more than one (1) month. In such case, the Subscriber is obligated to compensate Tourmanagement.com for the completed part of the Agreement, without any further obligation to pay damages, nor the right to any compensation or reimbursement.
8.1. Tourmanagement.com warrants that the Tool will be available for Subscriber’s access no less than 99,90% of the time, twenty-four (24) per day, seven (7) days per week (including holidays), measured on a calendar monthly basis, not including scheduled downtime.
8.2. To the maximum extent permitted by law, and except as specifically provided in this section 8, the Tool of Tourmanagement.com and/or its components thereof are provided to the Subscriber by Tourmanagement.com “as is” without warranty of any kind. Tourmanagement.com disclaims to the fullest extent permitted by law all other warranties, express, implied, or statutory, regarding the Tool and/or any component thereof, including any warranty of accuracy, completeness and non-infringement of the data derived from the Tool.
8.3. Tourmanagement.com makes every effort to keep the uploaded information and data (inclusive hotel, flight and venue related information) on the website and the Tool as complete, correct and up to date as possible, but provides no guarantees to this regard.
8.4. Tourmanagement.com undertakes reasonable efforts to ensure that the use of the Tool is compatible with the hardware and software used by the Subscriber/his Users. However, Tourmanagement.com cannot guarantee uninterrupted or error-free functioning of the Tool. Tourmanagement.com will make reasonable efforts to ensure, but cannot guarantee, that defects are corrected, and that the Tool is fully free of viruses and bugs. Additionally, Tourmanagement.com does not make any assurances regarding the accuracy, functionality, or reliability of the content.
8.5. Tourmanagement.com does not warrant the correctness of content and data in the personal profile of the Subscriber. This content, information and data belongs to the responsibility of the Subscriber/his Users.
9.1. Under the General Data Protection Regulation of 24 May 2016 on the Protection of Privacy in the processing of personal data (GDPR), Tourmanagement.com shall comply with its respective obligations to all personal data that is being processed, under these Terms in relation to the Tool, for the administration (including record keeping activities, follow-up, marketing and personalized advertising).
9.2. Personal Data of the Subscriber/his Users shall be processed pursuant to article 6(1)(b) and article 6(1)(f) of the General Protection Regulation.
9.3. If necessary to achieve the stated purposes, the personal data of the Subscriber/his Users will be shared with other companies within the European Economic Area that are directly or indirectly affiliated with Tourmanagement.com. Tourmanagement.com guarantees in this regard that these recipients will take the necessary technical and organizational measures to protect the personal data.
The personal data processed for customer management will be kept for the period necessary to comply with legal requirements (including accounting).
9.4. The Subscriber/his Users have the right to access their personal data at all times and may have them corrected if they are inaccurate or incomplete, deleted, or processing restricted. Additionally, they have the right to obtain a copy (in a structured, commonly used, and machine-readable format) of their personal data and have the personal data transmitted to another company. Furthermore, they may object free of charge to any processing of their personal data for direct marketing purposes. To this end, the Subscriber/his Users must submit a written, dated, and signed request to Tourmanagement.com, along with proof of identity.
All personal data obtained and processed via the Tool will be treated as confidential and will not be disclosed to third parties under any circumstances.
9.5. Additionally, if necessary, a separate data processing agreement is concluded between the parties, in accordance with Article 28 of the GDPR, regarding the services entrusted to Tourmanagement.com via the Tool, where personal data of third parties may be processed (including data of members, hotels, transport, etc.).
9.6. For more information regarding the privacy or cookie policy, Tourmangement.com refers to its privacy and cookie policy accessible at https://www.tourmanagement.com/privacy and https://www.tourmanagement.com/cookies.
10.1. Neither Party will use, sell, sublicense, transfer, publish, disclose, display, or otherwise make available to others, except as authorized in these Terms, the Confidential Information of the other Party or any other material relating to the Confidential Information of the other Party nor will either Party permit its employees, agents, contractors, promotor or subcontractors to divulge the other Party’s Confidential Information without that Party’s prior written consent.
10.2. The following types of information shall not constitute Confidential Information:
(a) information lawfully obtained from a third party;
(b) information lawfully known to a Party prior to the entering into these Terms;
(c) information that entered the public domain through no act or omission of a Party;
(d) information developed independently without violating these Terms.
10.3. In the event that a Party is required by a law or decision of a regulatory, administrative or otherwise competent body to disclose Confidential Information, such Party will notify the other Party of such request, if permitted, in order to allow the said Party to take any measures necessary to prevent or limit disclosure. If the Party required to make the disclosure is not entitled to inform the other Party, disclosure of Confidential Information will be limited to what is strictly necessary for such Party to comply and will inform the other Party that it has made a disclosure as soon as it is permitted.
11.1. These Terms shall be governed and construed in accordance with the laws of Belgium.
11.2. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Leuven.