Merchant Agreement

Become our partner, organize and promote your events

and collect payments in Jamaican or US dollars

4 August 2021 Hits: 24 Edit Published Article

Merchant Agreement

This Merchant Agreement and the rights and obligations contained in this Merchant Agreement are in addition to the Touchstone Productions Ltd. Terms of Use. Nothing in this Merchant Agreement will be deemed to modify, waive, amend or rescind any other term of the Terms of Use. Please read this Merchant Agreement carefully as it contains important information about payment and refund terms and requirements, event prohibitions, rights you provide to us, and other rights, representations and liabilities.

The Company

Touchstone Productions Ltd, is a registered company with main operations located at 19 Carmel Road, Kingston 8, Jamaica. When this Merchant Agreement mentions “Company,” “Touchstone Productions”, “Touchstone”, “We,” “Us,” or “Our” it refers to Touchstone Productions Ltd, its “Affiliates”, and “Subsidiaries”, and their respective officers, directors, agents, partners and employees. An “Affiliate” means any person or entity that controls, is controlled by, or that is under common control with, whether as of the date of your agreement to this Merchant Agreement or thereafter. For purposes of this Agreement, “control” means ownership or control, directly or indirectly, of more than 20% of the outstanding voting stock of an entity, or otherwise possessing the power to direct the management and policies of an entity.

The Services.

Touchstone Productions Ltd. products and services are available online through touchstoneproductionsltd.com as well several Affiliates and Subsidiaries including Touchstone Link which is an Affiliate of Touchstone Productions Ltd and which provides online services through touchstonelink.com and as well as, without limitation, the subdomains; touchstonelink.com/fete, touchstonelink.com/give, touchstonelink.com/meet and touchstonelink.com/shop.

Services online and offline include, but not limited to, conference registration and management (virtual and physical), event ticket sales and promotion, collection of donations, sale of physical products and various services offerings including but not limited to access management, event management, event sponsorship, event production and marketing. Collectively referred to as our “Services”, “Projects” “Activities”.

Organizers and Consumers.

When this Merchant Agreement uses the term “Organizer”, “Promoter”, we mean event creators, and their “Affiliates, “Subsidiaries”, and their respective officers, directors, agents, partners and employees, using the Services to create, list or promote events for individuals, businesses or groups, using our Services, to consume information about, or to purchase tickets/registrations and other miscellaneous items for events or any other reason, from the Organizers (“Consumers”). Organizers, Promoters and their respective officers, directors, agents, partners and employees, using our Services are all referred to in this Merchant Agreement, collectively as “Users”, “you” “your” or “yourself”.

 

Our Merchant Agreement.

  • Purpose.

The following policy sets forth the terms and conditions upon which Organizers can use the Services to create, promote and/or collect sales proceeds for selling tickets and/or registrations to an event   ( “Merchant Agreement”). By accepting the Terms of Use, you agree to the terms of this Merchant Agreement without modification and enter into a binding contract with Touchstone, which will be applicable when and if you use the Services to create, promote and/or collect sales proceeds for selling tickets and/or registrations to an event.

  • Additional Registration Information.

As part of the creation of a paid event or at any time following such creation, you may be required to provide additional information (beyond the information required to register for the Services) about yourself, the entity you represent (if any) and the principals/beneficial owners of the entity you represent (if any) (collectively, “Additional Registration Data”). As an example, the Additional Registration Data may include current address, doing business as (DBA) names, description of products, website address, bank account or other payment account information, Tax Identification Numbers, date of birth, passport or driver’s license number, country of origin, copies of government identification documents and other personal information. This information may be used to verify your identity, the validity and/or legality of your transactions and/or whether you qualify to use the Services for paid events. You agree to provide this information in a timely, accurate and complete manner, and to maintain and update this information in a timely manner, to ensure it remains accurate and complete at all times.

  • Disclosure Authorization

In providing this information, you agree that Touchstone is permitted to share Registration Data (as defined in the Terms of Use), Additional Registration Data and information relating to your events and transactions on the Services, with our Payment Processing Partners (as defined below), and the Card Schemes (as defined below), and with your bank or other financial institution, in each case to the extent your transactions or events involve such third parties. In addition, you authorize us to verify your Registration Data and Additional Registration Data and conduct due diligence on you through third parties, including third party credit reporting agencies. We reserve the right to suspend your Touchstone account or to withhold any amounts due to you, in the event that we reasonably believe that your Registration Data or Additional Registration Data is inaccurate or if you fail to provide all Registration Data or Additional Registration Data within the timeframes requested.

  • Payment Methods

We will utilise Touchstone Payment Processing methods to process payments from Consumers for event registration fees, including, without limitation, ticket face value, Touchstone Service Fees, Touchstone Payment Processing Fees, taxes, and royalties, and any other applicable fee, from ticket, sales, registration fees, donations, or other items, solicited via Our Services, on behalf of Promoters through the Payment Processing methods defined below:

  1. Touchstone Payment Gateway
  2. PayPal
  • Bank Transfer

You agree that no additional fees, excepting those included and agreed upon through this Merchant Agreement, will be charged to Consumers, and that these agreed upon fees will be consistent across all payment methods.

To provide the Touchstone Payment Processing Service, Touchstone utilizes third party gateways, payment processors, merchant acquirers and/or merchant acquiring banks with which we have relationships (collectively, “Payment Processing Partners”) and both Promoters and Touchstone are subject to the rules and regulations of such Payment Processing Partners.

Touchstone will create a report that will show you the proceeds for your events in your Touchstone account and that balance reflects the amount of the Event Fees collected through a third-party payment service or by our Payment Processing Partners.

  • Confirmation

Upon receipt of an online payment from each Consumer, Touchstone generates a confirmation message and order and issues a unique confirmation number for the specific order.  The Consumer will be able to also print ticket(s) which will be generated with a unique barcode number. You agree to unconditionally accept, honour, and fulfil all ticketing, registration, merchandise and donation commitments that have been confirmed by Touchstone through the Services. It is Your responsibility to verify a Consumer’s confirmation prior to allowing entry to the applicable event.

  • Fees

Regardless of the payment processing option elected, the Promoter agrees to pay Touchstone applicable service fees for each ticket, registration or other item sold or donation solicited via the Services (the “Touchstone Service Fee”). The Promoter also agrees to pay Touchstone an additional Touchstone Payment Processing fee for each ticket, registration or other item sold or donation solicited via the Services. The Promoter may elect to include these Fees in the face value, or to add these fees to the face value of the ticket, registration or other item sold or donation solicited via the Services. The current fees can be found here. Note that these fees are subject to change from time to time with respect to transactions that occur following the change.

In addition, the Promoter may from time-to-time request additional Services from Touchstone, including without limitation marketing and promotion services, equipment renting, on-site services, printed tickets and dedicated account management, which Touchstone may provide at its discretion and the terms of which will be covered by a separate written agreement. Fees for such “Auxiliary Services” will be quoted to the Promoter on a case-by-case basis and must be accepted by the Promoter before Touchstone’s delivery of such Services. The Touchstone Service Fee, the Touchstone Payment Processing Fee and the “Auxiliary Fees” are referred to herein as the “Fees”

Touchstone may charge various fees to Consumers that are not passed on to Promoters, related to ticket sales, processing, handling, and access to various Touchstone content and services. We have sole discretion to set and assess such fees.

 

  • Touchstone Payment Processing.

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 Payment Processing service, and may reject any transaction over that limit. Touchstone also reserves the right to hold back a percentage of all monies collected from Consumers for Event Registration Fees, which Touchstone, in its sole discretion believes is reasonable, and this percentage will be held on reserve to cover any amounts for refunds and charge-backs.

  • Payment Process

When using Touchstone Payment Processing, Touchstone will pass on to you, all Event Registration Fees collected on your behalf for Your event. You understand and agree that this payment will be made to you, subject to deduction of all applicable Fees then due to Touchstone and within ten (10) business days after the successful completion of an event.  

Under this Merchant Agreement, the Terms of Use, or any other agreement between you and Us, Touchstone reserves the right to set-off any fees or any other amounts that you owe to Touchstone, against any Event Registration Fees We collect on Your behalf, including any fees for Services provided to you or any of your Affiliates by Touchstone or any of its Affiliates. The set-off will be based on the level of refunds, disputed charges, chargebacks, customer complaints, allegations of fraud, changes in your or your Affiliate’s credit profile or the underlying event(s)’ risk profile, fraudulent conduct by you, any of your Affiliates or anyone acting on your behalf, or any breaches of the Terms of Use, or any other agreement between you and Touchstone or any of its Affiliates, including this Merchant Agreement.

We may exercise such set-off rights before we make any payment to you. We are not liable to you for any claims resulting from our decision to exercise our set-off rights. You understand that we may also debit your Event Registration Fees if Touchstone incurs any legal fees, (including, without limitation, collection agency fees, reasonable attorneys’ and court fees), incurred through your seeking to attach any wrong doing to Touchstone or if you do not pay to Touchstone upon request, any amount required to paid by you under this Agreement.

  • Payments

Payments will be made only to the payout information designated by you on the Payout Agreement which is attached to Our Organizer Application. Payments are made by RTGS or ACH. You have the responsibility to ensure that any bank account number you provide to Us is accurate. You agree that We may rely solely on, and are entitled to make payment to the bank account number you provide to Us as the proper identification of your bank account, even if the bank account number identifies a different account from your account. You also agree to reimburse us for any losses or expenses We incur as a result of our reliance on any bank account number you provide to Us.

Our Payment processing may allow you to accept payments from card-based payment networks, such as Visa® and MasterCard® (collectively, the “Card Schemes”), and non-card-based payment networks such Bank Transfers and other alternative forms of payment such as PayPal, (the “Alternative Form of Payment Frameworks”).

 

  • Appointment as Agent

With respect to any events for which you use Touchstone Payment Processing, you appoint Touchstone as your limited payment agent, as it relates to the purpose of facilitating the receipt of payments made by Consumers for your events, through our Payment Processing Partners, and the disbursement of those payments to you. You agree that a payment made by a Consumer that is processed by Touchstone will be considered the same as a payment made by a Consumer directly to you. You will provide all advertised goods and services to the Consumer as if the you had directly received the Event Registration Fees from such Consumer, regardless of whether you have yet received the Event Registration Fees from Touchstone.

You agree that Touchstone, in its role as limited payments agent, is authorized to enable Consumers to transfer or upgrade a ticket and/or registration, (if such transfers are permitted by you during the event registration process). You also agree that Touchstone may hold, disburse and retain proceeds on your behalf pursuant to this Merchant Agreement, issue refunds to Consumers as set forth in the refund policy, and manage credit card chargebacks as outlined in Section 13 below.

In accepting appointment as the limited agent of the Promoter, Touchstone assumes no liability for any acts or omissions of the Promoter and the Promoter understands that Touchstone’s obligation to pay the Promoter is subject to, and conditional upon, Consumers’ actual payment of the Event Registration Fees.

  • Advances

You agree that all Event Registration Fees for a given event are earned only following the conclusion of the applicable event.  Touchstone may, in its sole discretion, agree to advance you a portion of the Event Registration Fees before ten (10) business days after the successful completion of an event, however this to be based on additional specific terms and conditions set forth in a separate agreement relating to these payments, specifically made between you and Touchstone.

If Touchstone agrees to advance you a portion of Event Registration Fees you acknowledge and agree that Touchstone may at any time terminate or suspend your right to receive such advance payments or alter the terms of this arrangement. In addition, you agree that Touchstone may demand a full or partial refund of such advance, in its sole discretion, based upon the level of refunds, disputed charges, chargebacks, customer complaints, allegations of fraud, changes in your credit profile or breaches of the Terms of Use, including this Merchant Agreement. Upon receipt of notice of any such demand, you agree to promptly repay Touchstone the portion of the advance demanded. You acknowledge and agree that Touchstone has the right to withhold funds as set forth in this Merchant Agreement, and also acknowledge and accept your obligations to reimburse Touchstone for refunds and credit card chargebacks and other applicable charges as outlined above.

  • Cancellations

No payments will be made to you with respect to any event that is cancelled or which Touchstone believes there is a risk of cancellation or non-performance. Touchstone may elect, but is not obligated, to issue full or partial payment to you for a cancelled event after a stated period for refund requests has concluded. You will remain fully responsible for Chargeback Costs (as defined in section 13 below). If payments have already been made to you for a cancelled event, upon such cancellation, you will immediately refund all payments to an account designated by Us for the purpose of effecting refunds.  You are responsible for complying with the requirements the Promoter Refund Policy. If you do not remit funds due to Touchstone that are sufficient to cover refunds due to Consumers for a cancelled event, including, but not limited to, any mandatory refunds as outlined in section 16, you acknowledge and agree that the amount of such shortfall in funds, will become due and owing by you to Us under the Terms of Use, including this Merchant Agreement, until you have made payment to Us, of the full amount owed.

Touchstone’s right to hold a reserve will continue following the applicable event(s) and until either     the Promoter and any of its Affiliates have discharged all obligations under the Terms of Use or other applicable agreement for Services provided by Touchstone or any of its Affiliates and the applicable periods for refunds, disputed charges, chargebacks, and complaints have passed.

  • Chargebacks

Any credit card chargebacks or other transaction reversals (“Chargebacks”), relating to the Promoter’s event and initiated against Touchstone or its affiliates for any reason (except to the extent they are caused solely by Touchstone’s negligence or wilful misconduct), and all related fees, penalties and other related expenses incurred by Touchstone or its affiliates in connection with such chargebacks, (“Chargeback Costs”), in addition to the amount of the Chargeback, will ultimately be the responsibility of the Promoter, and the Promoter agrees to promptly and fully reimburse Touchstone for such amounts on demand.

As part of Touchstone services as limited payments agent Touchstone will use commercially reasonable efforts to manage the re-presentment of such chargebacks and reversals on behalf of Promoter and the Promoter authorizes Touchstone to do so, and agrees to use reasonable efforts to cooperate with Touchstone in such re-presentment. Touchstone will have no obligation to re-present any chargeback that it believes, in its discretion, is more likely than not to lose, or that relates to a transaction that should be refunded in accordance with the Promoters refund policy  

Notwithstanding the above, all communications and disputes regarding chargebacks are between the Promoter and the Consumer, and Touchstone will not be responsible or liable in any way for chargebacks issued in the course of the use of our Service.

  • Currencies

Touchstone will provide the Payment Processing Service for certain currencies listed here. In addition, Event Registration Fees collected in a currency may only be paid out to the Promoter in the currency in which they are collected.

  • Special Payment Terms

The following additional terms apply to the extent you use the corresponding payment option:

Partial Payments – The Promoter may use Touchstone’s Partial Payments functionality, upon Touchstone’s prior approval. If the Promoter elects to use such functionality, the Promoter agrees to display all notices required by and to comply in all respects with all applicable rules and regulations, including with respect to consumer cancellations and refunds. The number of instalments may not exceed xxxx(x). Touchstone reserves the rights to charge additional fees to the Promoter in the event that the Promoter elects to use the Partial Payments functionality. Touchstone will deliver statements to the Consumer after receipt of each Partial Payment and on receipt of the final payment, will update the Consumer’s account from Pending to Paid, and deliver a receipt showing full payment to the Consumer. Once the payment status is updated to Completed, the Consumer will be sent a ticket to be validated at the event.

Bank Transfer – Touchstone offers Bank Transfer as an option in Our Payment Processing Service. If the Consumer selects Bank Transfer on registration for the event, Touchstone will deliver an order confirmation with the Bank Transfer instructions and which displays the relevant bank account information to which the Consumer should make payment. Once it is confirmed by Touchstone that the Consumer has made full payment, and the Consumer Account has been updated from Pending to Completed, Touchstone will deliver a validated ticket to the Consumer.

 

  • Refunds

Regardless of what payment method is selected, the Promoter agrees to communicate a refund policy to Consumers with respect to each event posted on the Services.  The Promoter agrees that such policy shall comply with the Organizer Refund Policy Requirements, and to administer the refund in accordance with terms of the refund policy.

The Organizer Refund Policy Requirements are incorporated by reference into this Merchant Agreement.

Refunds to Consumers may be made on behalf of the Promoter directly through Our Services within certain windows permitted by our Payment Processing Partners. If the refund is outside such windows, then it will need to be processed manually by Us or by the Organizer, as applicable. We may determine in Our sole discretion not to process any manual refunds, in which case, they will be processed directly by the Organizer.

Notwithstanding the fact that we are able to process refunds on behalf of Organizers through the Touchstone platform, you bear the sole responsibility for refunds associated with your event, to Consumers. 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:

  1. In the event of a full or partial event cancellation, you agree to issue refunds to Consumers either by using backup reserve funding sources in your Touchstone Account and/or remitting funds due for refunds back to Touchstone so that refunds can be processed by Us on your behalf. In the event that Touchstone is unable to process a refund on behalf of the Organizer for any reason (e.g., the Consumer’s payment card account cannot accept the refund), Touchstone will not process the refund through Our platform and you will bear sole responsibility for meeting the refund obligations under this Merchant Agreement, and the Organizer’s Refund Policy. In such cases you may provide a refund through cash, check or electronic bank transfer. Touchstone reserves the right to set a time period after which refund requests received for a cancelled event will not be processed through Our platform. Touchstone may, but is not obligated to, elect to allow you to refuse refunds for a cancelled event when the refund requests are received after that period, provided that the Organizer will remain responsible for all Chargeback Costs.
  2. Unless otherwise instructed by Touchstone, you agree that no refunds will be made outside of Our platform (e.g. offline payment).
  • If you elect to remit funds back to Us so that We can process refunds on your behalf, you must remit funds to Us that are sufficient to cover refunds due to Consumers within 5 days of the cancellation of the event.
  1. You agree to notify Consumers of the event cancellation as soon as reasonably possible and prior to the event start time.
  2. You will be the main point of contact for Consumers with refund requests, and you will instruct the Consumers not to contact Touchstone with refund requests.
  3. You will provide clear instructions and contact information to Consumers so that Consumers can make refund requests.
  • You acknowledge that Touchstone reserves the right to charge you for the cost of any charge backs related to the cancelled event, and such amounts are also subject to the provisions outlined above in this Agreement.
  • If you cancel only part of a multi-day event, then you agree to pro-rate the value of the purchase price of the event and to refund the portion of the purchase price for the day(s) that the event was cancelled. For example, if a 3-day ticket to the event costs $60, each day would be valued at 1/3rd of the cost and if you cancel 1 day of the event, you must provide a $20 refund to Consumers for the cancelled day.
  1. If you are offering Consumers a credit or other accommodation in lieu of a cash refund of the purchase price, then such credit or other accommodation must be of equal or greater value than the value of the ticket for the cancelled event, and all limitations or restrictions regarding such credit or accommodation, must be clearly communicated to the Consumers. The issuance of any credit or other accommodation is solely your responsibility and you are responsible for compliance with all applicable local, state, provincial, national and other laws, rules and regulations. You agree that you will be fully liable for the cost of chargebacks received related to purchases for the cancelled event, even if a credit, accommodation, or an “other make good” refund is given and/or even if it is provided because a purchase price refund could not be completed.
  2. Further, in the event that you fail for any reason to honour a credit or other accommodation, including without limitation by failing to hold the event(s) for which such credit or other accommodation is to be used, Touchstone shall be entitled to exercise all rights under this Merchant Agreement, including but not limited to the right (but not the obligation) to issue refunds to impacted Consumer(s) (to the extent it is able to do so) and to collect such sums directly from you.
  3. You agree and understand that any refunds issued in the form of a credit that is usable only for your future events will be processed by Touchstone in the same manner as a refund from your account in accordance with the terms of this Merchant Agreement, including without limitation, appointment of Touchstone as a limited payments agent as outlined above. Upon use of this credit by the Consumer, it will be deemed to be the final settlement of the event in accordance with the terms set forth herein.  A credit will be deemed “used” once the Consumer either attends the concluded event to which the credit was applied or fails to attend the concluded event to which the credit was applied. However, if you have established a period in which such credit must be used and the credit is not used during the established period, (providing that you have remaining funds on reserve in your Touchstone Account), then such credit will be applied to your account and settled with you on the  next scheduled payout, provided that you offered a substitute event that was ticketed and completed during the established period.

Refund Disputes

Regardless of which payment method is selected, all disputes regarding refunds are between the Organizer and its Consumers. In the event of a dispute, Touchstone may try to mediate, but ultimately it is the Organizer’s obligation to settle the dispute.

Mandatory Refunds.

  • Notwithstanding the foregoing, Organizer authorizes Touchstone to make refunds in the following situations:
  • If the event description presented to a Consumer at time of purchase is significantly different from the actual event
  • Attendees are unable to attend the event due to failure of the Organizer to adequately plan for capacity, ingress or egress, or attendance will otherwise subject the Consumer to safety concerns
  1. Touchstone believes in its discretion that specific orders should be refunded under the Organizer’s posted refund policy or Touchstone’s Refund Policy Requirements, including without limitation, that they are required by applicable local, state, provincial, national or other law, rule or regulation or the Card Scheme Rules
  • Touchstone believes in its discretion that the refund request, if not granted, will lead to a chargeback that Touchstone is more likely than not to lose
  • Organizer failed to list a refund policy on the applicable event page and Touchstone believes in its discretion that a refund would be reasonable under the circumstances
  • Touchstone believes in its discretion that specific orders are fraudulent (e.g., made with stolen credit cards or otherwise not bona fide transactions); or Touchstone believes in its discretion that the order is a duplicate.
  • Organizer authorizes Touchstone to make refunds of any and all orders (including those for unrelated events) if Touchstone believes in its discretion that Organizer has engaged in any fraudulent activity or made any misrepresentations
  1. Touchstone believes in its discretion that there is substantial risk of non-performance by the Organizer with respect to the applicable event or future events
  • Touchstone 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
  • Touchstone believes in its discretion, that the Organizer 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 Touchstone to legal liability.

Because all sales are ultimately made by Organizers, the Organizer hereby agrees to promptly and fully reimburse Touchstone and its affiliates upon demand for refunds that Touchstone makes pursuant to this Merchant Agreement, other than to the extent that the necessity for such refunds is caused by Touchstone’s negligence or wilful misconduct.

Organizer acknowledges and agrees that chargebacks will result in losses to Touchstone in excess of the amount of the underlying transaction and that by refunding transactions in advance of a potential chargeback Touchstone is mitigating such losses and its damages with respect to Organizer’s breach of this Merchant Agreement.

If the Organizer does not remit funds to Touchstone that are sufficient to cover mandatory refunds as described by this Section for an event cancellation or non-performance, then the Organizer acknowledges and agrees that the amount of such shortfall in funds will become due and owing by the Organizer to Us under the Terms of Use, including this Merchant Agreement, until the Organizer has paid the amount in full.

  • Non-Exclusive Remedies; Taxes.

Non-Exclusive Remedies

If Organizer fails to pay to Touchstone any amount owed pursuant to the Terms of Use (including without limitation this Merchant Agreement) or any other applicable agreement for Services provided by Touchstone, when such amount is due, then such amount will bear interest calculated from the date due until paid in full at a rate equal of one percent (1%) per month, compounded monthly.

In the event any amounts are owed by Organizer to Touchstone under the Terms of Use (including without limitation this Merchant Agreement) or any or other applicable agreement for Services provided by Touchstone, Touchstone may, without limiting its other rights and remedies, withhold any amounts due to the Organizer, whether for a particular event, or for any other event that the Organizer lists through the Touchstone Services, and use the withheld amount, to set-off the amount owed by the Organizer to Touchstone.  

Should the Organizer’s Touchstone Account balance be insufficient to cover these costs, Touchstone will send an invoice to the Organizer for such amounts, in which case the Organizer will pay Touchstone such invoiced amounts within thirty (30) days after the date of the invoice.

If payment for any amounts due to Touchstone is not made by Organizer when due and after receiving a late payment notice from Touchstone, Touchstone reserves the right, in its discretion, and without limiting its other rights and remedies, to suspend or terminate the Organizer’s registration for any Services provided by Touchstone (including any and all accounts that Organizer may have). In addition, any such unpaid amounts due and owing to are subject to collections in accordance with the section below.

  • Collections; Costs of Recovery.

Touchstone reserves the right to pursue any late and unpaid amounts due and owing to Touchstone for collections if such amounts are not paid within thirty (30) days after the date of the invoice. In addition, Organizer agrees to promptly and fully reimburse Touchstone upon demand for all out-of-pocket costs and expenses, including without limitation, reasonable attorneys’ fees and expenses, incurred by Touchstone in collecting past due amounts or any other amounts due and owing from the Organizer under this Merchant Agreement, the Terms of Use or any or other applicable agreement for Services provided by Touchstone. The Organizer agrees that if Touchstone must seek collections for past due amounts and the Organizer does not respond or pay in full after receiving a collection notice, Touchstone reserves the right to pursue outstanding balances through judicial proceedings, and such actions are expressly excluded from any arbitration provisions set forth in the Terms of Use, or any or other applicable agreement for Services provided by Touchstone.

  •  

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 to sales made using the Services. You agree that it is your sole responsibility to collect and remit the correct amounts of all such Taxes to the applicable governmental authorities (“Tax Authorities”). Touchstone does not represent, warrant or guarantee that any tax tools or tax calculators (“Tax Tools”) provided to you will meet all tax requirements that may be applicable to you or that such Tax Tools will result in your collection or remittance of all applicable Taxes. 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 Touchstone from any and all liability with respect to your use of the Tax Tools that may be provided.

If you do collect Taxes and use Touchstone Payment Processing to collect them, We will pay such amounts to you at the same time as the underlying Event Registration Fees. You are responsible for remitting all such Taxes to the appropriate Tax Authorities. If You use any Tax Tools that require you to input a tax registration number, you represent and warrant that such tax registration number is true and correct. Touchstone 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 Tax Authority requires Touchstone to pay any Taxes attributable to your use of the Services or to sales you make using the Services, you agree to promptly and fully reimburse Touchstone for such Taxes upon demand and all costs, penalties, interest and expenses related thereto.

To comply with sales tax regulations of Jamaica, Touchstone may be required to collect General Consumption Tax (“GCT”) on the Touchstone Service Fee for paid tickets or registrations sold on or through the Touchstone Payment Processing Service, by Organizers and remit any such GCT collected to the relevant tax authority. In such cases Touchstone will collect these Taxes in addition to the Touchstone Fees, and you agree that these Taxes will be paid to Touchstone along with the Touchstone Fees. With the exception of Taxes on Touchstone Fees collected and remitted pursuant to this paragraph, you remain responsible for collecting and remitting the correct amount of any Taxes that apply to your use of the Services and to sales you make using the Services.

  • Prohibited Merchants; Prohibited Events; Prohibited Transactions.

Prohibited Merchants.

By registering for the Services and accepting this Merchant Agreement, you represent and warrant that you are not listed in the MasterCard MATCH terminated merchant database or Visa terminated merchant file and your right to access each Card Scheme and each Alternative Form of Payment is not presently revoked or suspended. If you fall into this category, as determined by Touchstone in its discretion, you are a “Prohibited Merchant.”

Prohibited Events

You may not post events to the Services or engage in activities through the Services that:

  1. violate or facilitate the violation of any applicable local, state, provincial, national or other law, rule or regulation
  2. would be prohibited under the Card Scheme Rules;
  • contain any Content (as defined in the Terms of Service) that would violate the Terms of Use, or the Touchstone’s Community Guidelines.
  1. Any event that falls into any of the categories set forth above, as determined by Touchstone in its discretion, is a “Prohibited Event.”

Prohibited Transactions

You may not use Touchstone Payment Processing to facilitate payment for any of the following transactions, and you represent and warrant that you will not submit such payments for processing through the Services:

  1. any transaction that would violate or is considered “high risk” (or another restricted category) by the Card Scheme Rules, including any transaction regarding adult-related content or activities, illegal goods or services, or the paraphernalia associated with any illegal goods or service.
  2. any transaction that is fraudulent or criminal in nature;
  • 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 Touchstone in its discretion, is a “Prohibited Transaction.”

Remedies.

In the event that Touchstone discovers that you are a Prohibited Merchant, that you have posted a Prohibited Event and/or that you have attempted to process or processed a Prohibited Transaction, then Touchstone may take any or all of the following actions in its discretion in addition to any and all remedies that Touchstone may have under the law or elsewhere in the Terms of Use:

  1. suspend or terminate your Touchstone account
  2. alter, edit, or remove any Prohibited Event or any portion thereof
  3. block, reverse or refund any or all of your transactions
  • hold any and all funds associated with your account to the extent required by applicable local, state, provincial, national or other law, rule, regulation, judgment or order
  • refer you, your events and/or your transactions and information relating to the same (without further notice to you) to our Payment Processing Partners, the Card Schemes, the Alternative Form of Payment Frameworks and/or applicable law enforcement agencies for further action.
  • Representations And Warranties.

In addition to the representations and warranties contained herein, you represent and warrant to us that:

  1. if you represent an entity, that entity is duly organized, validly existing and in good standing under the laws of the state, province or country of its formation
  2. you, or the entity you represent (if applicable), have all requisite power and authority to enter into this Agreement and to carry out the transactions contemplated hereby
  • the entering into and performing of this Agreement by you, or if you represent an entity, by the entity you represent, you will not result in any breach of, or constitute default under, any applicable local, state, provincial, national or other law, rule, regulation, judgment or order, or other agreement, to which you or it is a party, including without limitation, any other agreement for the sale of tickets or registrations
  1. if You represent an entity, you have the full right, legal power and actual authority to bind such entity to the terms and conditions hereof.
  2. Further, you represent, warrant and acknowledge that you (not We) are solely responsible for ensuring that your events are ticketed correctly, and that only valid tickets are honored. You understand and agree that Touchstone is not liable for any costs arising from whether a presented ticket is or is not valid, or is or is not honored, including any tickets procured through, or representing, fraud or deceptive practices.
  • Termination

In addition to our right to terminate your use of the Services under the Terms of Use, Touchstone may terminate this Merchant Agreement and your right to use the Services to create, promote and collect sales proceeds for events:

  1. if you are in violation or breach of any provision of this Merchant Agreement
  2. if our Payment Processing Partners and/or the Card Schemes or Alternative Form of Payment Frameworks terminate our right to provide the Touchstone Payment Service or Your right to accept payments via the Touchstone Payment Service in their sole discretion
  • if Touchstone is served with legal process seeking to attach or garnish any of your funds or property in Touchstone’s possession.

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Your account is being processed.  You will receive a confirmation email in your inbox and you will be required to activate your account. 

Once you activate your account you will be able to create your first event.  Please make sure to familiarize yourself with out policies before you set up the event.

Login or Register For An Account

welcome.

We connect you to a world of exciting events.
Stop Dreaming, Start Doing