Organizer Terms and Conditions

1. Parties and acceptance

Accessly (hereinafter, “the Platform”) is operated by ACCESSLY SPA, RUT (Chilean tax ID) 78.439.192-2, with its registered address at Badajoz 100, oficina 1014, Las Condes, Santiago, Chile (hereinafter, “Accessly”). Business and support contact: soporte@accessly.cl.

“Organizer” means the individual or legal entity that creates an organizer account, publishes events or sells tickets or add-ons through the Platform. By creating an organizer, publishing an event or putting tickets on sale, the Organizer declares that it has read and fully accepted this agreement, and that the person accepting it has sufficient authority to bind it.

The Organizer declares that it is of legal age, has legal capacity to contract and complies with the tax, municipal and industry-specific obligations its activity requires.

2. Purpose and nature of the relationship

Accessly makes available to the Organizer a technology platform to publish events, sell tickets and add-ons, collect payments, control entry and manage its sales information.

Accessly acts as the Organizer’s agent (mandataria), on its behalf and for its account, in the sale of tickets and add-ons and in the collection of the corresponding funds. Accessly does not organize, produce or run the events, nor does it own the tickets.

The Organizer is the seller and provider to the end buyer, and therefore the party bound by Ley N.° 19.496 sobre Protección de los Derechos de los Consumidores (Chile’s Consumer Protection Act) with respect to the event, its conditions and its holding.

This agreement does not create a partnership, association, joint venture or employment relationship between the parties. Accessly does not guarantee any sales volume, number of attendees or specific commercial result.

3. Organizer account, team and access

• The Organizer must provide truthful and current information about its identity, RUT, contact details and bank account, and keep it up to date.
• It may invite collaborators and assign them permissions per event —sales, finance, refunds, entry, add-ons, communications— and designate scanning staff with a scope of tickets, add-ons or both.
• The Organizer is responsible for who it gives access to and for everything its team does with those permissions, including refunds granted, price changes, use of attendee data and validations at the door.
• It must keep its credentials confidential and give immediate notice of any unauthorized use. Accessly is not liable for losses arising from shared credentials.

4. Publishing events

• The Organizer sets the name, description, images, date, venue, capacity, ticket types, phases, prices, age restrictions, entry rules and its refund policy.
• Events go through a prior review by Accessly before being published. That review is formal —completeness, consistency and compliance with these rules— and does not imply validation of the legality of the event, its permits or the accuracy of the information provided, which remain the sole responsibility of the Organizer.
• The Organizer guarantees that, at the time of the event, it holds all the permits, authorizations, licenses (patentes), insurance and safety measures required by law and by the authorities, and that the venue is suitable and does not exceed its authorized capacity.
• It guarantees that it holds the rights to the content it publishes —images, trademarks, music, artist names— and to the shows it advertises.
• Events that are unlawful, misleading or discriminatory, that promote violence or the use of illegal substances, or events that do not exist or that the Organizer is not in a position to hold, may not be published.
• Accessly may reject, unpublish or suspend sales of an event that breaches this agreement or the law, or when there is serious evidence of risk to buyers, stating the reason.

5. Service fee, commissions and taxes

• Accessly charges a service fee on each ticket sold, according to the rate agreed with the Organizer and in effect at the time of the sale. The rate applicable to each event is visible in the dashboard.
• The sale of add-ons carries its own commission, separate from the ticket commission and with its own default value, also visible in the dashboard.
• Free tickets, complimentary tickets and raffle tickets may be subject to a fee per ticket issued, when this has been communicated.
• Unless expressly agreed otherwise, the service fee is included in the price paid by the buyer and is deducted from the payout.
• Taxes associated with the sale of tickets and add-ons are borne by the Organizer, including VAT (IVA) where applicable, as is the issuing of receipts or invoices (boletas or facturas) to buyers. Accessly will issue the Organizer the corresponding tax document for its commissions and fees.
• Accessly may change its rates by giving written notice at least 30 days in advance. Events already published keep the rate in effect at the time they were published.

6. Collection and payout

• Accessly collects, on behalf of the Organizer, the funds paid by buyers and holds them until the payout. Accessly is not a financial institution and those funds do not earn interest or inflation adjustments in favor of the Organizer.
• The net balance —the amount collected, minus the service fee, commissions, refunds and any applicable withholdings— is transferred to the bank account registered by the Organizer within 5 business days after the end of the event.
• The bank account must belong to the Organizer. Any change must be registered in the dashboard and is subject to verification by Accessly. The Organizer is responsible for the accuracy of that information; the costs and delays of a transfer that fails due to incorrect details are borne by the Organizer.
• The payout includes a breakdown of tickets, add-ons, complimentary tickets, refunds and commissions. The Organizer has 30 days from the transfer to object to it in writing; after that period it is deemed accepted.
• A sale paid with Accessly Balance is paid out exactly like any other: the buyer’s payment method does not affect the amount or the timing.

7. Withholdings, chargebacks and set-off

Accessly may withhold the Organizer’s funds, in whole or in part, in the following cases:

• Complaints, claims or requests before SERNAC (Chile’s National Consumer Service), another authority or the courts, until they are resolved.
• Well-founded suspicion of fraud, impersonation or irregular use of payment methods.
• Chargebacks and disputed charges: when a bank or payment method reverses a transaction, the reversed amount and its costs are borne by the Organizer, even if it has already been paid out.
• Cancellation, postponement or suspension of the event, in accordance with clause 8.
• Breaches of this agreement that could give rise to liability for Accessly.

The Organizer expressly authorizes Accessly to set off those amounts against any sum owed to it, present or future, from this or other events. If the withheld funds are not enough, the Organizer must reimburse the difference within 10 business days of being requested to do so.

8. Cancellation, postponement or changes to the event

• The obligation to refund lies with the Organizer. Accessly manages refunds on its behalf and charged to the funds collected for that event, until they are exhausted.
• In the event of cancellation, the Organizer must refund 100% of the amount paid by buyers, including the service fee. In the event of postponement or a substantial change to the date, time, venue or features, it must refund those who request it.
• The Organizer must notify Accessly immediately —so that sales can be stopped— and communicate the situation to buyers and through the event’s promotional channels as soon as possible.
• In these cases Accessly is entitled to withhold the event’s funds for up to 6 months from the originally scheduled date, in order to handle refunds. After that period, any pending refunds must be made directly by the Organizer.
• The costs that the cancellation, postponement or suspension cause Accessly —non-recoverable payment gateway fees, handling costs, fines or compensation it must pay to third parties— will be borne by the Organizer and may be deducted from its funds.

9. Refunds during the sale

• The Organizer sets and publishes its refund policy, which may not be less favorable than what is established in the User Terms or by law.
• It may grant refunds from its dashboard, with the refunds permission. A refund granted by the Organizer is funded with its own money: Accessly still pays out the full amount of that sale and the adjustment is on the Organizer’s side.
• As long as the event has not been paid out, the Organizer may refund to the buyer’s Accessly Balance, in which case the amount is deducted from the next payout. Once the event has been paid out, that option is no longer available, because the money is already in the Organizer’s hands.
• Refunds that Accessly must make on its own decision —fraud, chargeback, Platform error or a ruling by an authority— are deducted from the Organizer’s funds when the cause is attributable to it.

10. Resale between users

• Resale between buyers is enabled event by event, and the Organizer decides whether to turn it on, together with the maximum price allowed and its share of the surplus.
• The split percentages are locked at the moment each ticket is listed: a later change does not affect listings already made.
• Resale does not create additional capacity: the seat has already been sold and counted. Therefore it does not increase the Organizer’s capacity or ticket payout, beyond its share of the surplus.
• Payment to the reseller is managed by Accessly with the buyer’s money, within the periods stated in the User Terms. If the transaction is refunded, that payment is cancelled.
• Enabling resale within Accessly is the tool the Organizer has to control informal resale; Accessly cannot prevent what happens outside the Platform.

11. Add-ons

• The Organizer sets the add-on products, prices, stock and service hours, and may close add-on sales or mark products as sold out at any time.
• It is solely responsible for delivering what was purchased and for complying with applicable regulations, especially those governing the sale of alcohol, the prohibition on selling it to minors and the hours authorized by the authorities.
• The stock reported must be real. If a product sells out between payment and the issuing of the vouchers, no codes are issued and a refund is initiated; the cost of that refund is borne by the Organizer.
• Add-ons are paid out together with tickets, with their own commission and their own breakdown.

12. Purchase Protection

Accessly may offer the end buyer, during checkout, an additional and optional refund management service called “Purchase Protection” (Protege tu compra). The Organizer expressly authorizes it to be offered at its events.

• It is a service provided by Accessly directly to the buyer. Its price is not part of the ticket value or of the event’s collected funds.
• The Organizer receives a share of the revenue from this service at the percentage agreed and in effect at the time of each sale, which is paid out together with the rest.
• When a buyer uses this coverage, the ticket is voided and the corresponding spot becomes available for sale again. The amount refunded is deducted from the event’s payout.
• The Organizer may request that the service not be offered for a given event, by saying so before publishing it.

13. Attendees’ personal data

The Organizer has access to the personal data of the buyers of its events —name, email, and any fields it has required, including an ID document when entry is personal—. With respect to that data:

• It may use it only for organizing and running its events and, when the data subject has authorized it, for its own marketing communications sent through the Platform.
• It may not sell, assign, publish or transfer it to third parties, nor use it for purposes other than those for which it was collected.
• It must honor unsubscribe requests and data subjects’ rights of access, rectification, erasure and objection, and cooperate with Accessly when a request of that kind is received.
• It must apply reasonable security measures to any databases it downloads or exports, and is responsible for their use once outside the Platform.
• It undertakes to comply with current Chilean personal data protection law, including its amendments and any regulations that replace it.
• When the relationship ends, it must stop using that data for commercial purposes and delete any copies it keeps, except those it must retain due to legal or accounting obligations.

Breach of this clause is grounds for immediate suspension, and the Organizer will be liable for any penalties, fines or compensation this causes Accessly.

14. Marketing and measurement tools

• The Organizer may set up its own measurement and advertising tools for its events —analytics, advertising platform pixels— and send campaigns to its audience from the Platform.
• It is responsible for the use of those tools, for the terms of the providers it sets up and for obtaining the necessary authorizations from data subjects for the advertising use of their data.
• Campaigns may only be sent to people who have agreed to receive them, must clearly identify the Organizer as the sender and must respect the Platform’s unsubscribe mechanisms.
• Sending unsolicited or misleading communications, or communications unrelated to the event for which the person provided their data, is prohibited.
• Accessly may suspend the sending of campaigns that generate spam reports, affect the service’s email deliverability or breach this clause.

15. Brand, subdomain and content

• Accessly may assign the Organizer its own subdomain within accessly.cl for its page and those of its party brands. The subdomain is a right of use for as long as this relationship lasts, not a transfer: it cannot be sold or assigned and may be reassigned if it falls into disuse or is used in a way contrary to this agreement or to third-party rights.
• The Organizer retains ownership of its brands, logos and content, and authorizes Accessly to use, display and reproduce them to publish and promote its events, and to identify it as a customer in Platform materials.
• It guarantees that it holds the rights to everything it uploads and is liable for third-party claims regarding that content.
• The Organizer may not use the Accessly brand in a way that suggests that Accessly organizes the event, that the Organizer represents Accessly or that Accessly endorses its content, nor register trademarks or domains that could be confused with ours.

16. Advertising spaces and featured placements

Accessly may offer promotional spaces within the Platform —banners, featured positions on the home page or in the event listings—, subject to their own availability, rates and schedule. Purchasing a space does not guarantee sales, and Accessly may reject or remove pieces that breach the law, these terms or its editorial guidelines.

17. License and intellectual property of the Platform

Accessly grants the Organizer a non-exclusive, non-transferable, revocable and limited license to use the Platform during the term of this agreement and for the purposes set out herein. The software, design, brand, documentation and any future development or improvement are and will remain the exclusive property of Accessly.

The Organizer may not copy, modify, decompile, reverse engineer, sublicense, resell or commercially exploit the Platform or any of its parts, extract data in bulk, or use it to provide ticketing services to third parties unrelated to its events.

18. Confidentiality

Each party undertakes to keep confidential the other party’s non-public information to which it has access in connection with this agreement —rates, commercial terms, sales data, technical information— and not to disclose it or use it for purposes other than performing this agreement. This obligation survives for 2 years after the end of the relationship, without prejudice to legal obligations to disclose information to the competent authority.

19. Availability, warranties and liability

• Accessly provides the service with due diligence, but does not guarantee that the Platform will operate free of interruptions or errors, nor the operation of the third-party services it depends on —payment methods, email providers, infrastructure, telecommunications networks—.
• In the event of interruptions affecting sales or access control, Accessly will use its best efforts to restore the service as soon as possible and to provide an alternative ticket validation mechanism.
• Except in cases of willful misconduct or gross negligence, Accessly’s total liability to the Organizer for any cause related to this agreement is limited to the amount of the commissions actually received by Accessly from the event in question during the 3 months prior to the event giving rise to the claim.
• Accessly is in no case liable for loss of profits, loss of image, reputational damage or indirect or unforeseeable losses.
• Accessly is not liable for the event or for what happens at it: its holding, safety, content and compliance are the Organizer’s responsibility.

20. Indemnity

The Organizer undertakes to hold Accessly, its partners, directors and employees harmless from any claim, lawsuit, complaint, fine, penalty or loss —including reasonable legal costs and fees— arising from:

• The organization, holding, suspension or cancellation of its events.
• The lack of permits, authorizations or safety measures required by the authorities.
• Consumer complaints regarding the event, including those filed with SERNAC.
• The content it publishes and any third-party rights that content may infringe.
• Its use of attendees’ personal data.
• Breaches of its tax obligations.

21. Suspension and termination

• Either party may terminate this relationship at any time, with written notice. Termination does not affect events already published with tickets sold, which will take place and be paid out in accordance with this agreement.
• Accessly may immediately suspend the account, sales or the publication of events in the event of a serious breach of this agreement, fraud, risk to buyers, a request from an authority or evidence that an event will not take place under the conditions offered.
• Once the account is suspended, Accessly will withhold the funds associated with pending events until the situation of the affected buyers is resolved, and may directly manage any refunds due.
• When the relationship ends, the license to use the Platform ceases, the assigned subdomain is released and the Organizer must stop using attendee data for commercial purposes.

22. Amendments and notices

Accessly may amend this agreement by publishing the new version on this page, with its date and number. Significant changes will be communicated by email to the registered address, at least 30 days in advance when they affect rates or payment terms. If the Organizer does not agree, it may terminate the relationship before the change takes effect; continuing to publish or sell after that date is deemed acceptance.

Notices between the parties will be sent by email to the registered addresses and will be deemed given on the business day following their sending.

23. Governing law and jurisdiction

This agreement is governed by the laws of the Republic of Chile. The parties establish their domicile in the city of Santiago and submit to the jurisdiction of its ordinary courts of justice, waiving any other forum.

A party’s tolerance of the other’s breach does not constitute a waiver of its rights. If any clause is declared null or unenforceable, the remaining clauses will remain in full force and effect and the parties will seek to replace it with another that reflects their original intent.