Terms and conditions

There's nothing here to catch you out, you enter no contract when you sign up to Funky Trade, we simply take a 6% booking fee and trade stand payments go direct to you.

Funky Trade provides the technical infrastructure to enable online trade sales by Event Organisers. By using or visiting the Funky Trade website, you expressly agree to be bound by the Terms and to follow these Terms and all applicable laws and regulations governing the website.

1. WHO WE ARE

Funky Trade is a management tool for event organisers to help organise and automate their trade/exhibition stands. The online portal will allow event organisers to modify event listings, accept or decline traders, manage add-ons and view trader documents. The system is developed to help automate the trade process with automatic payment reminders and document chasing emails.

2. PERMITTED USES OF THE SITE

2.1. OVERVIEW

You agree that you are only authorised to visit, link to and / or retain a copy of pages of this website for your organisation's use (if you are acting on behalf of an Event Organiser) and that you shall not duplicate, download, publish, modify or otherwise distribute the material on this website for any purpose other than to create and manage events and promotional information, for personal use, or to administrate the sale of trade stands or add-ons. The content and software on this website is the property of Funky Trade.

2.2. PROHIBITED CONTENT

Users can be held liable for any illegal or prohibited user content they provide to the website. Prohibited content includes, but is not limited to content that:

• is offensive such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

• could be harmful to minors;

• harasses or advocates harassment of another person;

• involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";

• promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;

• contains restricted or password only access pages; or hidden pages or images (those not linked to from another accessible page);

• displays pornographic or sexually explicit material of any kind;

• provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;

• provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

• solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and

• engages in commercial activities and / or sales without prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes.

If you (The Event Organiser) discover this kind of material on the Site, please contact us and we will investigate your claim and may then take appropriate action

2.3. OFFLINE USE

Although Funky Trade cannot monitor the conduct of users off the website, it is also a violation of these rules to use any information obtained from this website to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any site user without their prior explicit consent.

Funky Trade also retains the right to suspend or terminate your access to the website if the conduct of an event organiser or organisation using the Funky Trade services, leads to damage to reputation by association.

2.4. UNAUTHORISED USE

Illegal and / or unauthorised use of the site, including, but not limited to, unauthorised trade sales, fraudulent listings of Events by individuals or organisations other than the legitimate Event Organiser; unauthorised framing of or linking to the site, or unauthorised use of any robot, spider or other automated devices on the site, will be investigated and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.

2.5. VIOLATION OF THE TERMS

You understand and agree that in Funky Trade sole discretion, and without prior notice, Funky Trade may terminate your access to the website, cancel ticket orders or exercise any other remedy available and remove any unauthorised user content, if Funky Trade believes that your conduct, or the user content you provide, violates or is inconsistent with these Terms, or violates the law or the rights of Funky Trade, a client of Funky Trade or another user of the website. You agree that monetary damages may not provide sufficient remedy to Funky Trade for violations of these Terms and you consent to injunctive or other equitable relief for such violations. Funky Trade is not required to provide any refund to you if you are terminated as a User because you have violated these Terms or any of Funky Trade rights.

3. ACCOUNT SECURITY

The Event Organiser agrees to maintain and promptly update their Registration details to keep it accurate and current. If you provide any information that is untrue, inaccurate, not current or incomplete, or Funky Trade has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Funky Trade has the right to suspend or terminate all your accounts and refuse any and all of your current or future use of Funky Trade.

During the Funky Trade registration process, a unique account and password will be created. It is the responsibility of the Event Organiser and its Users to maintain the confidentiality of the password and account and are fully responsible for all activities that occur under your account, including without limitation, all actions by sub-users registered under your account. The Event Organiser must immediately notify Funky Trade of any unauthorised use of your password or account or any breach of security. Funky Trade cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorised access to or use of your account.

If an account has not had any events listed for two years, all data will be cleared.

4. PAYMENT PROCESSING

4.1. COLLECTION OF MONIES

You authorise Funky Trade to accept Mastercard, Visa and American Express to collect the 6% booking fee via the secure payment gateway Stripe - This payment goes direct to us at the time that the trader pays for their stand. The full value of the trade stand goes directly to your bank account via Stripe. We will retain the full amount of the booking fee (whether paid for by the Event Organiser or the Customer).

The proceeds of all credit and debit card sales transacted via Funky Trade are paid into a segregated Stripe account meaning that the organiser is the sole owner and manager of these funds. These arrangements are in line with best practice as specified by all major credit card companies.

4.2. TRANSFER OF FUNDS

All money minus fees shall be paid into the bank account specified in your stripe account. It is not the responsibility of Funky Trade to verify bank details but is the responsibility of the Event Organiser to ensure that accurate bank details are provided. Funky Trade will not accept any responsibility if incorrect bank details have been provided by the Event Organiser or their account Users and monies owed are paid into the wrong bank account.

When using Stripe payment processing, the Event Organiser agrees to:

1. Set up and manage their own merchant services through Stripe (for information please go to www.stripe.com)

2. Accept responsibility for refunds. Please note that all Stripe processing fees are non-refundable.

3. Notify Funky Trade of any event cancellation or significant changes to an event (e.g. change of date, venue, headline act). In this situation, Funky Trade will process refunds if authorized by the event organiser (in the event of a cancellation Funky Trade’s fee and Stripes processing fee is non refundable)

4. You accept responsibility for chargebacks. A successful chargeback will result in a £15.00 charge from Stripe to the Event Organiser. Funky Trade is not responsible for covering this charge.

4.3. BOOKING FEES

Funky Trade is free to use to event organisers, the trader pays the booking fee at the time of paying for their trade stand. Traders can apply to trade but payment is not due until the organiser has approved the stand.

All trade stands purchased online through Funky Trade are subject to a booking fee. The fee is applied per booking and is levied in accordance with the following booking fee structure:

• 6% of the sale

A part of this fee is applied to cover the credit/debit card charges and overheads that we incur with each transaction.

Event Organisers may elect to have their ticket prices listed on the website either inclusive or exclusive of the Funky Trade booking fee. In either case, the fee due will be deducted from the total amount paid by the Customer in respect of any given event prior to the transfer of funds.

Free trade stands are not charged a booking fee.

Complimentary tickets are not charged a booking fee.

5. GDPR CUSTOMER DATA

In respect of any personal data as defined in the General Data Protection Regulations (Regulation (EU) 2016/679), also known as GDPR, the Event Organiser holds responsibility to ensure that they comply with the Regulations and continue to comply with any future amendments to the Regulations and any guidance notes or guidelines issues by the Information Commission.

Subject to all applicable data protection legislation, all Customer personal data generated in connection to your Event shall be owned by the Event Organiser and / or their Organisation (as the Data Controller) and, subject to any relevant consents being granted by the Customer under GDPR, shall be entitled to use such Customer data in whatever manner it sees fit. Funky Trade as the Data Processor is permitted by the Event Organiser to access a Customer’s Personal Data to be able to deliver the Service as outlined in these Terms and Conditions of Use and the Data Processing Agreement.

Funky Trade is dedicated to providing a high quality and secure service to its customers. We are fully PCI DSS compliant and adhere to the General Data Protection Regulations as a Data Processor (for processing ticket-buying customer's data) and as a Data Controller (for processing Event Organiser's data). We are committed to only using servers physically located within the UK for our UK based services.

6. YOUR PERSONAL DATA

6.1. OVERVIEW

Funky Trade complies with its obligations under the General Data Protection Regulations (GDPR) by keeping personal data up to date; by storing and destroying it securely; by not collecting or retaining unnecessary data; by protecting personal data from loss, misuse, unauthorised access and disclosure and by ensuring that appropriate technical measures are in place to protect personal data.

Funky Trade only collects personal information about you when you specifically provide us with such information on a voluntary basis. The information that we collect from you and your authorised users includes:

• User's full name

• Business/Organisation name

• Email

• Trade pitch images

• Social media links

• Event address

We use your personal data for the following purposes:

• To enable us to deliver to you the Funky Trade service as per the Terms and Conditions of Use and also to keep you advised of system updates and new features;

• To enable the creation of a Funky Trade account;

• To set up users on your account and allow them access to the Funky Trade system in accordance to the permission levels as set by you;

• To send you and your nominated users email communication regarding your event, your account, your ticket settlement or a customer query;

• To identify you as a user, your permission level and your Funky Trade account should you contact Funky Trade for support or assistance;

• We may also use your data to perform quality assurance, sales analysis or other business analysis.

6.2. SHARING YOUR DATA

Funky Trade does not share or sell client contact details. Funky Trade will only contact you with regard to the contract and your use of the Funky Trade system. By signing up to Funky Trade you agree to receive marketing email communications, this will only be regarding Funky Trade or our partner company We Scan Tickets.

Funky Trade may share your Personal Data with our processing partners who are contracted to assist Funky Trade with the delivery of our service – known as Sub-Processors. Funny Trade is responsible under GDPR to ensure that any Sub-Processor we contract are fully compliant with GDPR law and will also act to ensure the safety and confidentiality of your Personal Data.

Funky Trade will not share your personal contact details with your ticket-buying customers unless you have provided written permission for your name, email or phone number to be provided for customer queries.

6.3. STORING YOUR DATA

Funky Trade will keep your Personal Data for no longer than is reasonably necessary. An Administrator on an account can delete a user along with their Personal Data at any time.

Accounts can be closed by submitting a written request from an account Administrator however if there is event data within an account (i.e. bookings), Personal Data and Event Data will be retained for two years to assist with any booking queries, finance reporting or charge disputes.

6.4. YOUR RIGHTS REGARDING DATA

You have the right to request a copy of the information that we hold about you. If you would like a copy of some or all of your Personal Data held by Funky Trade, please contact us.

Under GDPR you have the following rights:

• Right to be informed of why your data is being processed (included within these Terms and Conditions)

• Right of access to the Personal Data held

• Right of rectification if incorrect data is held

• Right to erasure (may be subject to the booking contract and retention periods)

• Right to object to processing

6.5. GDPR Complaint

If you are unhappy with the way in which your personal data has been processed by Funky Trade you may in the first instance please contact us.

7. DISCLAIMER

7.1. OVERVIEW

The site and its content are delivered on an "as-is" and "as-available" basis. Funky Trade disclaims all warranties, express or implied, including also any implied warranties of merchantability and fitness for a particular purpose.

Funky Trade does not promise that the site will be error-free, uninterrupted, or that it will provide specific results from use of the site or any content, search or link on it.

Funky Trade cannot ensure that files you download from the site will be free of viruses or contamination or destructive features.

Funky Trade will not be liable for any damages of any kind arising from the use of this site, including without limitation, direct, indirect, incidental and punitive and consequential damage. Funky Trade makes no guarantee of any specific result from use of this site or use of the Funky Trade service.

7.2. TRADEMARKS

Funky Trade , the website and design are registered trademarks of Funky Trade. All rights reserved.

8. LIMITATION OF LIABILITY

Whilst we endeavour to ensure that the website is fully operational at all times, on those occasions when there are interruptions to service due to essential maintenance, system upgrades, internet service interruptions or any other factors beyond our control, Funky Trade will not be liable for any indirect, consequential, exemplary, incidental, special or punitive damages, or for lost profits, revenues or business opportunities, even if Funky Trade has been advised of the possibility of such damages.

In no event shall Funky Trade be liable for any indirect or consequential loss or any loss (whether incurred directly or indirectly) of profit, business, revenue, date, goodwill or reputation.

9. COOKIES POLICY

9.1. WHAT ARE COOKIES?

Cookies are small pieces of text set by your web browser by a website you visit. A cookie file is stored in your web browser and allows the Service or a third ­party to recognize you and make your next visit easier and the Service more useful to you.

9.2. HOW FUNKY TRADE USES COOKIES

When you use and access the Service, we may place a number of cookies files in your web browser.

We use cookies for the following purposes:

1. To store your session permanently if you choose to "keep me logged in" when logging into the Funky Trade dashboard

2. To store the current state of the sidebar navigation in the dashboard, this includes which headings are open and your current scroll position

9.3. WHAT CONTROL YOU HAVE

If you'd like to delete cookies or instruct your web browser to delete or refuse cookies, please visit the help pages of your web browser.

Please note, however, that if you delete cookies or refuse to accept them, you might not be able to use all of the features we offer, you may not be able to store your preferences, and some of our pages might not display properly.