99active's Terms of Service

Updated: April 2022

Welcome to 99active.com

The following terms of service (these “Terms of Service”), govern your access to and use of the 99active.com website, including any content, functionality and services operated by 99active Ltd. & Co. KG, Werkstrasse 2, 76477 Elchesheim-Illingen, Germany. Site owner and personally liable partner is 99active Verwaltungsgesellschaft Ltd., Stron House, 100 Pall Mall, London, England, United Kingdom, SW1Y5EA.

The Site, including its general layout, design and content, is exclusively owned by 99active and protected by copyright and trademark law. 99active®, act® and acts® are all registered trademarks owned exclusively by 99active.

European Union trademark registration. No. 018202127 from 27.06.2020 European Union Intellectual Property Office www.euipo.europa.eu

99active Ltd & Co.KG and 99active Verwaltungsgesellschaft are referred hereto as “99active” “we” or „us". 99active.com is referred to in this as “the site”.

Please read the Terms of Service carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy incorporated hereinherein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles herein.

This Site is offered and available to users who are 13 years of age or older. If you are under 13 you may not use this Site or the 99active services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

In case of any questions, please write an email to support@99active.com.

Key Terms

What is an act? Most places call them experiences, activities, adventure or event. We call them all acts.

Customers are users who book an act or purchase tickets on 99active. An act is an experience where people get active and create new moments and experiences. All acts are live and available in the following leisure sectors: food and drink, art, nature, handmade, health and wellness, concerts, dancing, fashion, music, guided tours, lifestyle, sport, nightlife and language and much more.

Providers are users who offer an act and wants to use 99active as an act promotion and ticket selling platform.

act create page is where the provider can describe their act and the act’s terms.

The marketplace is where customers and providers communicate with each other in connection with an offered or act or ordered tickets.

Tickets are the formal agreement between a customer and provider after a purchase was made from the marketplace.

Payment Service Providers are Stripe and PayPal, that provide payment services to customers and providers in connection with the 99active site.

Revenue is the money that providers earn from provided acts.

Ticket Price is the price per ticket paid by the customer.

Overview

  • Only registered users become a provider and sell on 99active. Registration is free.
  • Guest users can purchase tickets on our marketplace
  • Ticket return options are only available for registered users
  • acts on 99active will be published by provider for a service fee of 1,00 € per act
  • Customers purchase tickets and pay the ticket price to 99active
  • acts are purchased through the “purchase” button found on the act page
  • Providers must fulfill their acts, and may not cancel acts on a regular basis or without cause. Cancelling acts will affect providers’ reputation and status.
  • Customers may not accept ticket offers and payments methods for an act using any method other than placing an ticket offer through 99active.com.
  • We care about your privacy. You can read our Privacy Policy here. The Privacy Policy is a part of these Terms of Service and incorporated herein by reference.
Providers Basics
  • create acts on 99active to allow customers the purchase of offered tickets
  • define the act timeline (booking period, ticket return option, act date)
  • define the ticket price
  • share act impressions
  • publish an act on our marketplace, publishing fee is 1.00 € per act
  • receive a participant list from the site, after booking period is closed
  • get paid per act
  • rating is calculated based on the act reviews posted by customers
  • For security concerns, 99active may temporarily freeze provider account to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by customers or was detected by 99active. The providers are responsible for the payment of direct or indirect taxes, including any trade tax, VAT or other taxes, which, depending on the location and type of company are obligatory to declare to the competent authorities.
  • The providers declare and guarantee that meet their income tax obligations at all times, in accordance with the provisions in their area of competence. The ticket price indicated on the act page and the Marketplace contains all these taxes and fees that may be incurred by the provider.
  • Appointment as Limited Payment Collection Agent: Provider hereby appoints 99active as Provider’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from Customer, and remitting those payments to Provider. Provider agrees that payment from Customer to 99active shall be considered the same as payment made directly to Provider. Customer’s payment obligation to Provider will be satisfied upon receipt of payment by 99active (or its Payment Services Provider, as applicable), and 99active (via its Payment Services Provider, as applicable) is responsible for remitting the funds to the Provider in the manner described in these Terms of Service. In the event that 99active (via Payment Services Provider) does not remit any such amounts to Provider, the Provider will have recourse only against 99active and not the Customer directly. Provider agrees that 99active may describe or otherwise reflect the terms contained herein in any terms of service, receipts, disclosures, or notices including, but not limited to, receipts provided to Customers that 99active may deem necessary or prudent.
acts
  • acts created on 99active are User Generated Content.
  • acts and/or users may be removed by 99active from the Site for violations to these Terms of Service, which may include (but are not limited to) the following violations and/or materials:
    • Illegal or Fraudulent services
    • Copyright Infringement, Trademark Infringement, and violation of a third party’s terms of service reported through our Intellectual Property Claims Policy found here
    • Adult oriented services, Pornographic, Inappropriate/Obscene
    • Spam, nonsense, or violent or deceptive Acts
    • acts misleading to customers or others
    • Reselling of regulated goods

Provider

General:
  • To become a provider it is necessary to be a registered user
  • Provider profile section on 99active needs to be completed to start offering acts
  • Anybody can become a provider on 99active who has the needed skill and/or the license to offer an act in the selected area of activity
  • Provider need to comply with the rules and law in their area of activity
  • Provider is responsible for the act details on our marketplace (UGC)
  • Provider is responsible for the act execution and need to comply with the relevant health and safety rules in the respected area of activity
  • Provider is responsible for the ticket price, ticket return option, booking period and all act parameters which will be defined during act creation.
Pricing:
  • act publishing on our marketplace costs 1,00 € per act
  • Ticket Price will be defined by provider, ticket price will be paid by customer
  • 10 % of the ticket price are 99active service fees
  • 90 % of the ticket prices are provider revenues, ticket must be sold to customer and not returned
Pictures:
  • 99active will get a unlimited licence for pictures, which are uploaded during act creation. We release the pictures/images for further processing in the context of the act.
Ticket selling:
  • If the act is live on our marketplace, customers will purchase tickets by clicking the “purchase” button on the act details page.
  • 99active request payment for the purchased tickets (using payment provider Stripe/PayPal),
  • 99active provide tickets and invoice per mail to customer
  • act Participant list will be updated by the site
  • Participant list will be send on day before act
Ticket return:
  • Ticket returns are possible:
    • user must be a registered user
    • user must have purchased ticket
    • provider allowed ticket return option
    • customer ticket return must be within the ticket return period
  • 99active takes over the ticket return, 90 % of the ticket price will be transferred back to the customer
  • Customer and number of tickets will be removed from the acts participant list
  • 99active will put returned tickets back on sale on the marketplace
act payment:
  • ticket revenues for net sold tickets (sold tickets minus cancelled tickets plus re-sold tickets)
  • no revenue for returned tickets
  • act payment date is the day after the act date.
  • paid to IBAN (stored in user profile - provider section)
  • receipt of payment on the provider bank account approx. 5 - 7 days after the act date

Customers

General:
  • To become a user it is necessary to register with email and password
  • Anybody can become a registered user
  • Registered user can use the “myacts” section, which includes upcoming acts and participated acts
  • Registered users have the feedback option
  • Registered users can return tickets (if the act provider allowed ticket returns)
Pricing:
  • Customers (user) will pay the ticket price
  • Ticket Price was defined by act provider
  • Ticket price include all service fees and taxes
  • 99active included service fee is 10 % of the ticket price
Ticket purchasing:
  • Customers (user) will purchase tickets by clicking the “purchase” button on the act details page.
  • 99active request payment for the purchased tickets (using payment provider Stripe/PayPal),
  • 99active provide tickets and invoice per mail to customer (user)
  • Customers (users) will find the tickets at ‘myacts’ page too
  • puchased tickets are the formal agreement between customer (user) and act provider to participate on the act
Ticket return:
  • Ticket returns are possible:
    • user must be a registered user
    • user must have purchased ticket
    • provider allowed ticket return option
    • customer ticket return must be within the ticket return period
  • 90% of the ticket price is transferred back to the customer by 99active
  • the customer enters the IBAN during the ticket return process
  • the money will be transferred to the bank account about 5 - 7 days after the ticket is returned
  • the ticket return can be found on the ‘myacts’ page

Guest Users

General:
  • Anybody can purchase tickets on our marketplace
  • Guest users don’t have the “myacts” section, which includes upcoming acts and participated acts
  • Guest users don’t have the feedback option
  • Guest users can not return tickets
Pricing:
  • Customers (guest user) will pay the ticket price
  • Ticket Price was defined by act provider
  • Ticket price include all service fees and taxes
  • 99active included service fee is 10 % of the ticket price
Ticket purchasing:
  • Customers (guest user) will purchase tickets by clicking the “purchase” button on the act details page.
  • 99active request payment for the purchased tickets (using payment provider Stripe/PayPal),
  • 99active provide tickets and invoice per mail to customer (guest user)
  • puchased tickets are the formal agreement between customer (guest user) and act provider to participate on the act
Ticket return:
  • Ticket returns are not possible for guest users

Reporting Violations

If you come across any content that may violate our Terms of Service and/or our Community Standards, you should report it to us through the appropriate channels created to handle those issues as outlined in our Terms of Service. All cases are reviewed by our Trust & Safety team. To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information.

Violations

Users may receive a warning to their account for violations of our Terms of Service and/or our Community Standards or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user’s email address and will be displayed for such user on the Site. Warnings do not limit account activity, but can lead to your account losing provider statuses or becoming permanently disabled based on the severity of the violation.

Non-Permitted Usage

Adult Services & Pornography 99active does not allow any exchange of adult oriented or pornographic materials and services.

Inappropriate Behavior & Language

Communication on 99active should be friendly, constructive, and professional. 99active condemns bullying, harassment, and hate speech towards others.

Phishing and Spam

Members’ security is a top priority. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members privacy by not contacting them with offers, questions, suggestions or anything which is not directly related to their acts or ticket orders.

Privacy & Identity

You may not publish or post other people’s private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the act page. Providers further confirm that whatever information they receive from the customer, which is not public domain, shall not be used for any purpose. Any users who engage and communicate off of 99active will not be protected by our Terms of Service.

Authentic 99active Profile

You may not create a false identity on 99active, misrepresent your identity, create a 99active profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, about you, location, etc., must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. 99active reserves the right to require users to go through a verification process in order to use the Site (whether by using ID, phone, camera, etc.).

Fraud / Unlawful Use

You may not use 99active for any unlawful purposes or to conduct illegal activities.

Abuse and Spam

Multiple Accounts

To prevent fraud and abuse, users are limited to one active account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the 99active community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations of 99active’s Terms of Service and/or our Community Standards is a cause for permanent suspension of all accounts.

Targeted Abuse

We do not tolerate users who engage in targeted abuse or harassment towards other users on 99active. This includes creating new multiple accounts to harass members through our message or ordering system.

Selling Accounts

You may not purchase or sell 99active accounts.

Proprietary Restrictions

The Site, including its general layout, design and content, is exclusively owned by 99active and protected by copyright and trademark law. 99active®, act® and acts® are all registered trademarks owned exclusively by 99active. Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site (including its mobile applications): (i) copy, transfer, adapt, modify, distribute or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) modify or create derivative works; (iv) remove any copyright notice, identification or any other proprietary notices, or; (v) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site. Users also agree not to permit or authorize anyone else to do any of the foregoing.

Feedback Rights

To the extent that you provide 99active with any comments, suggestions or other feedback regarding the 99active platform or the Site as a whole, as well as other 99active products or services (collective, the “Feedback”), you will be deemed to have granted 99active an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. 99active is under no obligation to implement any Feedback it may receive from users.

General Terms

99active reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service and/or our Community Standards or due to any illegal or inappropriate use of the Site or services. Violation of 99active’s Terms of Service and/or our Community Standards may get your account disabled permanently. Users with disabled accounts will not be able to sell or purchase on 99active. Users who have violated our Terms of Service and/or our Community Standards and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account. Users have the option to enable account Security features to protect their account from any unauthorized usage. Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account. 99active may make changes to its Terms of Service from time to time. When these changes are made, 99active will make a new copy of the terms of service available on this page. You understand and agree that if you use 99active after the date on which the Terms of Service have changed, 99active will treat your use as acceptance of the updated Terms of Service.

User Generated Content

User Generated Content (“UGC”) refers to the content added by users as opposed to content created by the Site. All content uploaded to 99active by our users (customers and providers) is User Generated Content. 99active does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled. Furthermore, 99active is not responsible for the content, quality or the level of service provided by the providers. We provide no warranty with respect to the acts and any communications between customers and providers. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate services.

By offering an act, the provider undertakes that he/she has sufficient permissions, rights and/or licenses to provide, offering that act on 99active.