1. Who We Are.
Welcome to Justbookitnow.com! We are a ticketing and registration site and promotion service provider a fairer way for events and businesses to promote and for consumers to book online. Through our platform, mobile apps and services, we enable people to create, discover, share and register for events, days out, things to do, adventures and travel.
In these Terms references to "you" means the Organiser or developer working on behalf of an organiser who has a client account with us for the promotion of their events or bookings and references to "we", "us", "our" and "Flame Concepts Ltd" or “Flame” or “Flame Concepts” or “Justbookitnow.com” means Flame Concepts Ltd and any owned and managed services you have with us (or our sites) owned and managed us including and not limited to flameconcepts.systems or justbookitnow.com . Flame Concepts Ltd is Registered in England and Wales 7994559 at Arkle House, 31 Lonsdale Street, Carlisle, CA1 1BJ with a trading address of Unit 5D Lakeland Business Park, Cockermouth, Cumbria, CA13 0QT.
This agreement should be read in conjunction with our Merchant Services Agreement.
2 Justbookitnow.com Payment Processing.
If you have requested our payment processing, then upon receipt of Additional Registration details completed online, Justbookitnow.com will determine, in its discretion, whether you are qualified to use our service. We prefer to help you get your own merchant account so would direct you to this in the first instance. If you are not qualified to use our own merchant accounts but you are otherwise qualified to use this Service, Justbookitnow.com will notify you and you may apply for one of these merchant accounts unless the reason that you do not qualify for them, is that your event is a Prohibited Event, you are a Prohibited Merchant and/or your transactions are Prohibited Transactions, in each case as such terms are defined in Section 5 of this Merchant Agreement. For risk management and security reasons and to meet the requirements imposed by our Payment Processing Partners, we may from time to time in our discretion impose a transaction limit on the amount of any given transaction that you process through our services and you authorise us to reject any transaction over that limit. We may also from time to time in our discretion impose a reserve requirement on you under Section 4.3 of our Merchant Services Agreement.
(b) Appointment as Agent
With respect to any events for which Organiser uses our payment gateway, Organiser hereby appoints Justbookitnow.com as Organiser's limited payment collection agent solely for the purpose of collecting payments made by Consumers for such events through our Payment Processing Partners. Organiser agrees that a payment made by a Consumer to Justbookitnow.com will be considered the same as a payment made by an Consumer directly to Organiser and Organiser will sell or provide all advertised goods and services to the Consumer as if Organiser had directly received the Event Registration Fees from such Consumer, regardless of whether the Event Registration Fees have yet to be received from Justbookitnow.com. Organiser agrees that in its role as limited agent, Justbookitnow.com is authorised to (i) enable Consumers to transfer or upgrade a ticket and/or registration (if such transfers are permitted by Organiser during the event registration process); (ii) hold, disburse and retain proceeds on Organiser's behalf pursuant to our Merchant Agreement; (iii) issue refunds to Consumers as set forth in Section 4.4 below; and (iv) manage credit card chargebacks as set forth in subsection (g) below. In accepting appointment as the limited agent of Organiser, Justbookitnow.com assumes no liability for any acts or omissions of Organiser and Organiser understands that Justbookitnow.com's obligation to pay Organiser is subject to and conditional upon receipt of the associated Event Registration Fees from Consumers. Organiser further authorises Justbookitnow.com to delegate its obligations under this Merchant Agreement to certain of its affiliated entities both within and outside the United States, provided, that Justbookitnow.com will remain liable for the discharge of its obligations under this Merchant Agreement by such affiliated entities.
Organiser agrees that all Event Registration Fees for a given event are earned by Organiser only following the conclusion of the applicable event. Justbookitnow.com, in its sole discretion, may determine to advance a portion of Event Registration Fees to Organiser prior twenty (20) business days after the successful completion of an event, on such terms and conditions set forth in (i) our Merchant Agreement; (ii) the applicable agreement for Services entered into by you and Justbookitnow.com; and/or (iii) such terms that Organiser and Justbookitnow.com agree to in a separate agreement. Organiser agrees that any payments made by Justbookitnow.com of Event Registration Fees prior to the twentyth (20th) business day after the end date of the successful completion of the applicable event are merely advances of amounts that may become due to Organiser under this and our Merchant Agreement. If Justbookitnow.com decides to advance a portion of Event Registration Fees to Organiser, Organiser acknowledges and agrees that Justbookitnow.com may at any time (x) terminate or suspend Organiser's right to receive such advance payments; and/or (y) alter the terms (i.e. frequency, reserve rate and maximum aggregate cap) of such advance payments made to Organiser. In addition, Organiser agrees that Justbookitnow.com may demand back such advances (or any portion thereof) from time to time in its discretion based upon the level of refunds, disputed charges, chargebacks, customer complaints, allegations of fraud, changes in Organiser's credit profile or the underlying event(s)' risk profile, or breaches of the Terms of Service, including this Merchant Agreement. Upon receipt of notice of any such demand, Organiser will thereupon promptly pay back to Justbookitnow.com the portion of any such advance demanded. Organiser acknowledges and agrees that Justbookitnow.com has the right to withhold funds as set forth in Sections 4.3(b) and 4.5(a) of this Merchant Agreement. Organiser also acknowledges and accepts its obligations under Section 4.3(g) and 4.4(c) of the Merchant Agreement, including its obligations to reimburse Justbookitnow.com for refunds and credit card chargebacks.
(d) Cancellations; Non-performance.
Should your event be cancelled, any refunds due to Consumers regardless of how payment had been made, should be refunded in full regardless of any refund policy. As an Organiser, you confirm you will have adequate Event Cancelation Insurance or reserves in place to ensure Consumers are refunded in full.
In the unlikely event justbookitnow.com should act as an agent on behalf of an Organiser, no payments will be made to Organiser with respect to any event that is cancelled or with respect to which Justbookitnow.com believes there is a risk of cancellation or non-performance, unless Justbookitnow.com receives adequate security (as determined by Justbookitnow.com in its discretion) for Organiser's obligations under this Merchant Agreement. In addition, no Event Registration Fees for a given event will be earned until that event is successfully completed. If payments have already been made to an Organiser for a cancelled event, Organiser will immediately refund to a payment address designated by Justbookitnow.com all such payments upon cancellation of such event for the purpose of effecting refunds if refunds are being made under Section 4.4 of the Merchant Agreement. You are responsible for complying with the requirements of the Merchant agreement and specifically Section 4.4 and the requirements of the Organiser Refund Policy Requirements which are in addition to and are incorporated into the Terms of Service by reference. If you do not remit funds to Justbookitnow.com that are sufficient to cover refunds due to Consumers for an event cancellation or non-performance, including, but not limited to, any mandatory refunds under Section 4.4(c) of the Merchant Agreement, then you acknowledge and agree that the amount of such funds shortfall will become due and owing from you to us under these Terms of Service, including the Merchant Agreement, until you have satisfied the amount in full and such amounts are also subject to the provisions of Sections 4.4(f) and 4.5 of that Agreement.
(e) Reserves and Justbookitnow.com Right of Setoff.
Justbookitnow.com reserves the right to retain a certain percentage of Event Registration Fees and any other fees for Services provided to you or any of your Affiliates by Justbookitnow.com or any of its Affiliates (with such percentage being determined by Justbookitnow.com in its discretion) to fund a reserve (i) at any time as we determine in our discretion to be necessary based upon the level (or expected level) of refunds, disputed charges, chargebacks, customer complaints, allegations of fraud or changes in Organiser's credit profile or the underlying event(s)' risk profile; and (ii) as otherwise necessary to secure the performance of your obligations under the Terms of Service, including this Merchant Agreement, or to protect Justbookitnow.com against fraudulent or erroneous activity. Justbookitnow.com's right to hold a reserve will continue following the applicable event(s) and until either (A) Organiser and any of its Affiliates have discharged all obligations under the Terms of Service or other applicable agreement for Services provided by Justbookitnow.com or any of its Affiliates and the applicable periods for refunds, disputed charges, chargebacks, and complaints have passed or (B) Organiser and any of its Affiliates have otherwise provided Justbookitnow.com or any of its Affiliates with adequate security (as determined by Justbookitnow.com or its Affiliates in their discretion) for its obligations under the Terms of Service or other applicable agreement for Services provided by Justbookitnow.com or any of its Affiliates, whether matured or unmatured, contingent or non-contingent, or liquidated or unliquidated. Further, the reserve is subject to the right of setoff as set forth in Section 4.3(b). In the event that the exercise of our or our Affiliates' setoff right does not fully cover the amount of funds due and owing from you or any of your Affiliates to us or any of our Affiliates under the Terms of Service or other applicable agreement for Services provided by Justbookitnow.com or any of its Affiliates, including this Merchant Agreement, then such amount of funds will be deemed due and owing to us until you have satisfied the amount in full.
(f) Chargebacks; Reversals.
Any credit card chargebacks or other transaction reversals initiated against Justbookitnow.com or its affiliates for any reason (except to the extent they are caused solely by Justbookitnow.com's negligence or willful misconduct) with respect to an Organiser's event and all related credit card association, payment processing, re-presentment, penalty and other fees and expenses incurred by Justbookitnow.com or its affiliates in connection with such chargebacks will ultimately be the responsibility of Organiser, and Organiser agrees to promptly and fully reimburse Justbookitnow.com for such amounts on demand. As part of Justbookitnow.com's payment collection, Justbookitnow.com will use commercially reasonable efforts to manage the re-presentment of such chargebacks and reversals on behalf of Organiser and Organiser hereby authorises Justbookitnow.com to do so and agrees to use reasonable efforts to cooperate with Justbookitnow.com in such re-presentment. However, Justbookitnow.com will have no obligation to re-present any chargeback that it believes in its discretion it is more likely than not to lose or that relates to a transaction that should be refunded in accordance with the Organiser's refund policy or the provisions of Section 4.4(c) below. Understanding the nature of the Payment Scheme Rules (as defined below) and the discretion that they provide to the Card Schemes and Alternative Form of Payment Frameworks, both parties agree that Justbookitnow.com's loss of any chargeback that has been re-presented by Justbookitnow.com will not in any way limit Organiser's obligation to reimburse Justbookitnow.com and its affiliates under this paragraph.
3) Payment Scheme Rules.
The Card Schemes and Alternative Form of Payment Frameworks require that you comply with all applicable bylaws, rules and regulations published by them from time to time (collectively, the "Payment Scheme Rules"). We may be required to change this Merchant Agreement in connection with amendments to the Payment Scheme Rules. Depending on what payment methods you elect to use in EPP, you may be subject to different Payment Scheme Rules. You agree to comply with any applicable Payment Scheme Rules as in effect from time to time. These Payment Scheme Rules, include without limitation, a requirement to submit only bona fide transactions, limits on how you use the Card Scheme logos and trademarks and authorization to use certain of your information to show that you participate in the Card Schemes. The Payment Scheme Rules are publicly available from the websites of the related Card Schemes and Alternative Form of Payment Frameworks.
2.1 Special Payment Terms.
The following additional terms apply to the extent you use the corresponding payment option:
i. Recurring Payments/Layaway. Organiser may use Justbookitnow.com's "layaway" functionality, upon Justbookitnow.com's prior approval. If Organiser elects to use such functionality, Organiser agrees to display all notices required by and to comply in all respects with all applicable local, state, provincial, national and other laws, rules and regulations and the Payment Scheme Rules, including with respect to consumer cancellations and refunds. No additional fees or increased prices may be charged for tickets purchased on "layaway" and the number of installments may not exceed four (4).
(a) Refund Policy and Process.
Regardless of what payment method is selected, Organiser agrees to communicate a refund policy to Consumers with respect to each event posted on the Services that meets the requirements of the Organiser Refund Policy Requirements and to administer such policy in accordance with its terms. The Organiser Refund Policy Requirements are incorporated by reference into this Merchant Agreement. All refunds for transactions must be processed through Justbookitnow.com, unless otherwise agreed by Justbookitnow.com. Justbookitnow.com may determine in its discretion not to process any refunds which are manual, in which case they will be processed directly by Organiser. Consistent with the Consumer Refund Policy Requirements, refunds that you are responsible for due to the cancellation or non-performance of an event are subject to the following refund requirements:
(i) In the event of a full or partial event cancellation, Organiser agrees to issue refunds to Consumers either by using the funds held by justbookitnow.com or by remitting any funds due for refunds back to Justbookitnow.com if paid to the Organiser so that refunds can be processed by Justbookitnow.com on the Organiser's behalf.
(ii) Organiser agrees that no refunds will be made outside of the Justbookitnow.com platform (e.g. offline), and refund transactions may only be employed for bona fide event refunds, and not for other money transfers, including without limitation cash advance transactions.
(iii) If Organiser elects to remit funds back to Justbookitnow.com so that Justbookitnow.com can process refunds on Organiser's behalf, Organiser must remit funds to Justbookitnow.com that are sufficient to cover refunds due to Consumers within 2 days of the cancellation of the event.
(iv) Organiser agrees to notify Consumers of the event cancellation as soon as reasonably possible and prior to the event start time.
(v) Organiser will be the main point of contact for Consumers with refund requests, and Organiser will instruct the Consumers not to contact Justbookitnow.com with refund requests.
(vi) Organiser will provide clear instructions and contact information to Consumers so that Consumers can make refund requests, or, alternatively, Organiser will turn on the in-product refund request function within the Justbookitnow.com platform and respond to any Consumer refund requests received.
(vii) Organiser acknowledges that Justbookitnow.com reserves the right to charge the Organiser for the cost of charge backs related to the cancelled event, and such amounts are also subject to the provisions of Sections 3 of this Agreement.
(viii) If the Organiser cancels only part of a multi-day event, then Organiser agrees to refund a pro-rata monetary value portion of the purchase price of a multi-day ticket based on the corresponding monetary value of the portion of the multi-day event that was cancelled. For example, if Organiser sells a 3-day ticket to a festival for £150, and cancels 1 day of the festival, the Organiser must provide a £50 refund to Consumers for the cancelled day.
(ix) If the Organiser is offering Consumers an "other make good" refund in lieu of purchase price refund, then such offer must be of equal or greater value to the value of the ticket for the cancelled event and such value must be clearly communicated to the Consumers. Organiser agrees that it will be fully liable for the cost of chargebacks received related to purchases even if an "other make good" refund is given.
(b) Refund Disputes.
Regardless of what payment method is selected, all disputes regarding refunds are between the Organiser and its Consumers. In the event of a dispute, Justbookitnow.com may try to mediate, but ultimately it is the Organiser's obligation to settle the dispute. Notwithstanding the foregoing, Justbookitnow.com will have the right to make refunds on the Organiser's behalf as set forth in subsection (c) below.
(c) Mandatory Refunds.
Notwithstanding the foregoing, the Organiser authorises Justbookitnow.com to make refunds in the following situations (i) the Organiser specifically authorises the refunds at the time; (ii) the event description presented to an Consumer at time of purchase is significantly different from the actual event; (iii) Attendees are unable to attend the event due to failure of the Organiser to adequately plan for capacity, ingress or egress, or attendance will otherwise subject the Consumer to safety concerns; (iv) Justbookitnow.com believes in its discretion that specific orders should be refunded under the Organiser's posted refund policy or Justbookitnow.com's Organiser Refund Policy Requirements, including without limitation, that they are required by applicable local, state, provincial, national or other law, rule or regulation or the Payment Scheme Rules; (v) Justbookitnow.com believes in its discretion that the refund request, if not granted, will lead to a chargeback that Justbookitnow.com is more likely than not to lose; (vi) the Organiser failed to list a refund policy on the applicable event page and Justbookitnow.com believes in its discretion that a refund would be reasonable under the circumstances; (vii) Justbookitnow.com believes in its discretion that specific orders are fraudulent (e.g., made with stolen credit cards or otherwise not bona fide transactions); or (viii) Justbookitnow.com believes in its discretion that the order is a duplicate. The Organiser also authorises Justbookitnow.com to make refunds of any and all orders (including those for unrelated events) if (A) Justbookitnow.com believes in its discretion that the Organiser has engaged in any fraudulent activity or made any misrepresentations; (B) Justbookitnow.com believes in its discretion that there is substantial risk of non-performance by the Organiser with respect to the applicable event or future events; (C) Justbookitnow.com believes in its discretion that it is likely to receive complaints, refund requests, transaction reversals and/or chargebacks with respect to a substantial amount of orders; or (D) Justbookitnow.com believes in its discretion that the Organiser is a Prohibited Merchant, has used the Services to process Prohibited Transactions or to manage Prohibited Events or that failing to make the refunds would otherwise expose Justbookitnow.com to legal liability. Because all sales are ultimately made by Organisers, the Organiser hereby agrees to promptly and fully reimburse Justbookitnow.com and its affiliates upon demand for refunds that Justbookitnow.com makes pursuant to this and our Merchant Agreement, other than to the extent that the necessity for such refunds is caused by Justbookitnow.com's negligence or willful misconduct. The Organiser acknowledges and agrees that chargebacks will result in losses to Justbookitnow.com in excess of the amount of the underlying transaction and that by refunding transactions in advance of a chargeback Justbookitnow.com is mitigating such losses and its damages with respect to Organiser's breach of this Merchant Agreement. If you do not remit funds to Justbookitnow.com that are sufficient to cover mandatory refunds as described by this Section 3 for an event cancellation or non-performance, then you acknowledge and agree that the amount of such funds shortfall will become due and owing from you to us under the Terms of Service, including this Merchant Agreement, until you have satisfied the amount in full and such amounts are also subject to the provisions of Sections 3 of this Agreement.
Use or any or other applicable agreement for Services provided by Justbookitnow.com or any of its Affiliates.
(i) You are solely responsible for determining which, if any, sales, use, amusement, value added, consumption, excise and other taxes, duties, levies and charges (collectively, "Taxes") apply to your use of the Services and you agree that it is your sole responsibility to, and that you will, collect, remit and report the correct amounts of all such Taxes to the applicable governmental authorities, even if Justbookitnow.com provides you with tax tools or tax calculators that assist you in doing so. Justbookitnow.com does not represent, warrant or guarantee that any tax tools or tax calculators provided to you will meet all tax requirements that may be applicable to you or that such tax tools or tax calculators will result in your collection or remittance of all applicable Taxes, which Taxes may vary based on the nature of your event, the nature of your tax status (individual, entity, business, consumer, etc.), your location, the location of your Consumers, credits and deductions for which you may qualify and other factors, and you hereby release Justbookitnow.com of any and all liability with respect to your use of the tax tools and/or tax calculators. None of such tax tools or tax calculators should be considered legal or tax advice. If you do collect Taxes on the Services, those Taxes will be treated like Event Registration Fees and Justbookitnow.com will pay such amounts to you at the same time as the underlying Event Registration Fees. If you use any tax tools or tax calculators that require you to input a tax registration number, you represent and warrant that such tax registration number is true and correct. Justbookitnow.com cannot give you legal or tax advice, so please be sure to check with your own tax advisor about any applicable Taxes. In the event that a governmental authority requires Justbookitnow.com to pay any Taxes attributable to your use of the Services, you agree to promptly and fully reimburse Justbookitnow.com for such Taxes upon demand and all costs, penalties, interest and expenses related thereto.
(ii) To comply with sales tax regulations of the European Union (the "EU"), Justbookitnow.com is required to (A) collect Value Added Tax ("VAT") from Organisers on the Justbookitnow.com Service Fee for paid tickets or registrations sold on or through the Site by Organisers residing in the EU who have not provided Justbookitnow.com with their VAT Identification Number ("VAT ID"); and (B) remit any such VAT collected to the relevant tax authority. If you provide us with your VAT ID, we will not collect VAT on the Justbookitnow.com Service Fee. It is your sole responsibility to ensure that the VAT ID you provide to Justbookitnow.com (if any) is accurate, complete and properly formatted. Please be aware that falsification or misrepresentation of information to evade payment of VAT may result in fines and/or criminal prosecution. You agree to promptly and fully reimburse Justbookitnow.com for all out-of-pocket costs and expenses arising out of your falsification or misrepresentation of a VAT ID on the Site. Justbookitnow.com does not require Organisers to have a VAT ID. However, if you are an Organiser residing in the EU, and you do not have a VAT ID or you do not provide us with your VAT ID, Justbookitnow.com will collect and remit VAT on the Justbookitnow.com Service Fee on your behalf. In the interest of clarity, Justbookitnow.com does not collect and remit VAT on the Justbookitnow.com Payment Processing Fee or on the price of the tickets or registrations you sell on or through the Site.
(iii) Justbookitnow.com reserves the right to withhold the payment of any amounts owed to you hereunder and dispose of them as required by applicable local, state, provincial, national or other law, rule, regulation, judgment or order, in each case as determined by Justbookitnow.com, or to seek later payment from you of any amounts on taxes uncollected and unremitted, related to your events.
If your account has had no activity for a period of time set forth in applicable unclaimed property (e.g. escheatment) laws and we hold funds related to your account, then we will notify you as required by applicable laws. If you do not claim your unclaimed funds within the timeframe notified to you, then we will escheat them to the applicable governmental authority in accordance with applicable laws.
5.0 Prohibited Events.
You may not post events to the Services or engage in activities through the Services that:
(a) violate or facilitate the violation of any applicable local, state, provincial, national or other law, rule or regulation;
(b) would be prohibited under the Payment Scheme Rules;
(c) take place in Restricted Countries; and
(d) contain any Content (as defined in the Terms of Service) that would violate the Terms of Service, or the Justbookitnow.com Community Guidelines.
Any event that falls into any of the categories set forth above, as determined by Justbookitnow.com in its discretion, is a "Prohibited Event."
5.1 Prohibited Transactions.
You may not use our sites or services to process any of the following transactions and you represent and warrant that you will not submit for processing through the Services:
(a) any transaction that would violate or is considered "high risk" (or another restricted category) by the Payment Scheme Rules, including any transaction regarding adult-related content or activities, illegal goods or services including cannabis, or the paraphernalia associated with any illegal goods or service, purchase of crypto-currency, raffles, sweepstakes, or gambling;
(b) any transaction that is fraudulent or criminal in nature;
(c) any transaction that would constitute a "restricted transaction" as defined in the Unlawful Gambling Enforcement Act of 2006 or Regulation GG; and
(d) any transaction that would constitute sending money to another party other than for the purchase of bona fide tickets or registrations to, or solicitation of a donation for, events, or sale of items related to such events.
Any transaction that falls into any of the categories set forth above, as determined by Justbookitnow.com in its discretion, is a "Prohibited Transaction."
In addition to our right to terminate your use of the Services under the Terms of Service, Justbookitnow.com may terminate this Merchant Agreement and your right to use the Services to create, promote and collect sales proceeds for events (a) if you are in violation or breach of any provision of this Merchant Agreement; (b) if our Payment Processing Partners and/or the Card Schemes or Alternative Form of Payment Frameworks terminate our right to provide the Service or your right to accept payments via the Payment Provider Service in their sole discretion; (c) if Justbookitnow.com is served with legal process seeking to attach or garnish any of your funds or property in Justbookitnow.com's possession; or (d) Justbookitnow.com is put on notice pursuant to UCC 9-406 of a "Notice of UCC Demand" or similar communication, or a UCC-1 financing statement, informing Justbookitnow.com that you have granted a right to assignment of payments to the your lender as a secured party.
Full termination of our services and notice periods can be found in our business terms.