Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Phivi Platform, you agree to comply with and be bound by these Terms of Service.
Terms and conditions
These terms and conditions (“Terms”, “Agreement”) are an agreement between CNK Holdings Inc a/k/a Phivi (“CNK Holdings Inc”, “Phivi” “us”, “we” or “our”) and you (“User”, “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the phivi.co and phiviapp.com website and any of its products or services (collectively, “Website” or “Services”). By using the Site, you signify your acceptance of these Terms. If you do not agree to these Terms, please do not use this Site. We reserve the right to amend these Terms from time to time without notice. All modified terms and conditions shall take effect immediately after posting to the Site. We encourage you to review this page periodically because any changes will be binding on you. This Agreement may not be modified, amended, and/or changed by you in any manner.
Any and all payment processing services through or in connection with your use of the Phivi Platform (“Payment Services“) are provided to you by one or more payments entities (individually and collectively, as appropriate, “Payment Entities“) as set out in the Payment Terms (“Payments Terms“) or payment terms we may agree to separately by signed written agreement.
Providers alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings and Provider Services. Provider are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any Provider Services they offer.
Scope of Phivi Services
The Phivi Platform is an online marketplace that enables registered users (“Users”) and certain third parties who offer services (Users and third parties who offer services are “Providers” and the services they offer are “Provider Services”) to publish such Provider Services on the Phivi Platform (“Listings”) and to communicate and transact directly with Users that are seeking to book such Provider Services (Users using Provider Services are “Organizers”). Provider Services may include offering DJs, Emcee and Live Band (“Musicians“), activities and entertainment in various categories (“Entertainment”), bakery, florists, (“Physical Products”), Officiants, Photographers, Photo Booth and a variety of other event and professional related services.
As the provider of the Phivi Platform, Phivi does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Provider Services. Providers alone are responsible for their Listings and Provider Services. When Users make or accept a booking, they are entering into a contract directly with each other. Phivi is not and does not become a party to or other participants in any contractual relationship between Users. Phivi is not an insurer. Phivi is not acting as an agent in any capacity for any User.
While we may help facilitate the resolution of disputes, Phivi has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Provider Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other User Content (as defined below), or (iii) the performance or conduct of any User or third party. Phivi does not endorse any User, Listing or Provider Services. Any references to a User being “verified” or “featured” (or similar language) only indicate that the User has completed a relevant verification or identification process or has paid to be featured, and nothing else. Any such description is not an endorsement, certification or guarantee by Phivi about any User, including of the User’s identity or background or whether the User is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to book a Beauty Professional, Musicians, Cakes, Florist, Photographers, Officiant, Entertainment or Rental or use other Provider Services, accept a booking request from an Organizer, or communicate and interact with other Users, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by Phivi of any Provider or Listing.
If you choose to use the Phivi Platform as a Provider, your relationship with Phivi is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Phivi for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Phivi. Phivi does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Provider Services. You acknowledge and agree that you have complete discretion whether to list Provider Services or otherwise engage in other business or employment activities.
Accounts and membership
You must be at least 18 years of age to use this Website. By using this Website and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
You must register an account (“Phivi Account“) to access and use certain features of the Phivi Platform, such as publishing or booking a Listing. If you are registering an Phivi Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
You must provide accurate, current and complete information during the registration process and keep your Phivi Account and public Phivi Account profile page information up-to-date at all times.
You may not register more than one (1) Phivi Account unless Phivi authorizes you to do so. You may not assign or otherwise transfer your Phivi Account or your Phivi account password to another party.
You are responsible for maintaining the confidentiality and security of your Phivi Account credentials and may not disclose your credentials to any third party. You must immediately notify Phivi if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Phivi Account. You are liable for any and all activities conducted through your Phivi Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
We do not own any data, information or material (“Content”) that you submit on the Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may, but have no obligation to, monitor Content on the Website submitted or created using our Services by you. Unless specifically permitted by you, your use of the Website does not grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose. But you grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.
Phivi may, at its sole discretion, enable Users to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Phivi Platform (“User Content“); and (ii) access and view User Content and any content that Phivi itself makes available on or through the Phivi Platform, including proprietary Phivi content and any content licensed or authorized for use by or through Phivi from a third party (“Phivi Content” and together with User Content, “Collective Content“).
You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Phivi Platform or Collective Content, except to the extent you are the legal owner of certain User Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Phivi or its licensors, except for the licenses and rights expressly granted in these Terms.
Subject to your compliance with these Terms, Phivi grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Phivi Platform and accessible to you, solely for your personal and non-commercial use.
By creating, uploading, posting, sending, receiving, storing, or otherwise making available any User Content on or through the Phivi Platform, you grant to Phivi a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such User Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such User Content to provide and/or promote the Phivi Platform, in any media or platform. Unless you provide specific consent, Phivi does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your User Content.
You are solely responsible for all User Content that you make available on or through the Phivi Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available on or through the Phivi Platform or you have all rights, licenses, consents and releases that are necessary to grant to Phivi the rights in and to such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Phivi’s use of the User Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You will not post, upload, publish, submit or transmit any User Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates any Phivi policy. Phivi may, without prior notice, remove or disable access to any User Content that Phivi finds to be in violation of these Terms or Phivi’s then-current policies or standards, or otherwise, may be harmful or objectionable to Phivi, its Users, third parties, or property.
Billing and payments
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
Authorization to Credit and Debit Accounts.
If applicable, based on the various optional fee-based programs, You irrevocably and expressly authorize CNK Holdings Inc aka Phivi to debit or credit, as applicable, any monies to the account that you have identified for Phivi. You agree that it is your responsibility to maintain a valid, non-expired credit card on file with us while engaging in fee-based activities on our Site. You agree that if you do not maintain a valid, non-expired card on file with us during any billing attempt, you may be subject to interest and penalties as enumerated below. You irrevocably and expressly authorize Phivi to withhold any monies and/or debit any monies from any account that you have identified to Phivi for any chargebacks, fees, costs, deductions, adjustments and any other amounts owed to Phivi. We reserve our rights to all actions and remedies in connection with any monies owed to Phivi. You will indemnify, defend and hold us harmless for any claims, demands or causes of actions that We take toward any identified account pursuant to this Section.
Phivi may charge fees to Providers (“Provider Fees“) in consideration for the use of the Phivi Platform. More information about when Service Fees apply and how they are calculated can be found on our Service Fees page, or Service Fees we may agree to separately by signed a written agreement.
Any applicable Provider Fees (including any applicable Taxes) will be displayed to, or otherwise agreed with, a Provider prior to publishing or booking a Listing. Phivi reserves the right to change the Provider Fees at any time and will provide Users adequate notice of any fee changes before they become effective.
You are responsible for paying any Provider Fees that you owe to Phivi. The applicable Provider Fees (including any applicable Taxes) are collected by the Payment Entities. Payment Entities will deduct any Provider Fees from the Listing Fee before remitting the payout to the Provider. Except as otherwise provided on the Phivi Platform, Provider Fees are non-refundable. Phivi reserves the right to charge Providers unrecouped payment processing resulting from cancellations or other circumstances.
Accuracy of information
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or on any related Service has been modified or updated.
If you decide to enable, access or use third-party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against Phivi with respect to such other services. Phivi is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective websites. By enabling any other services, you are expressly permitting Phivi to disclose your data as necessary to facilitate the use or enablement of such other service.
We offer a Service uptime guarantee of 99% of available time per month. The service uptime guarantee does not apply to service interruptions caused by: (1) periodic scheduled maintenance or repairs we may undertake from time to time; (2) interruptions caused by you or your activities; (3) outages that do not affect core Service functionality; (4) causes beyond our control or that are not reasonably foreseeable; and (5) outages related to the reliability of certain programming environments.
Due to the nature of the Internet, Phivi cannot guarantee the continuous and uninterrupted availability and accessibility of the Phivi Platform. Phivi may improve, enhance and modify the Phivi Platform and introduce new Phivi Services from time to time.
We perform regular backups of the Website and Content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore backups automatically to minimize the impact and downtime.
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Eligibility, Using the Phivi Platform, User Verification
You must be at least 18 years old and able to enter into legally binding contracts to access and use the Phivi Platform or register a Phivi Account. By accessing or using the Phivi Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that you are not listed on any U.S. Government list of prohibited or restricted parties
Phivi may make access to and use of the Phivi Platform, or certain areas or features of the Phivi Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a User’s booking and cancellation history.
Phivi may make access to and use of the Phivi Platform, or certain areas or features of the Phivi Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a User’s booking and cancellation history.
Some areas of the Phivi Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
Terms specific for Providers
Terms applicable to all Listings
When creating a Listing through the Phivi Platform you must (i) provide complete and accurate information about your Provider Service (such as listing description, location, and calendar availability), (ii) provide only accurate photos of your products and/or services and (iii) provide any other pertinent information requested by Phivi. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.
You are solely responsible for setting a price (including any Taxes if applicable, or additional charges such as travel or delivery fee) for your Listing (“Listing Fee”). Any applicable taxes will be included as a grossed up part of the Listing Fee. Once an Organizer requests a booking of your Listing, you may not request that the Organizer pays a higher price than in the booking request.
Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.
Pictures, animations or videos (collectively, “Images“) used in your Listings must accurately reflect the quality and condition of your Provider Services. Phivi reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
The placement and ranking of Listings in search results on the Phivi Platform may vary and depend on a variety of factors, such as Organizer search parameters and preferences, Provider requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Provider Service, and/or ease of booking.
When you accept or have pre-approved a booking request by an Organizer, you are entering into a legally binding agreement with the Organizer and are required to provide your Provider Service(s) to the Organizer as described in your Listing when the booking request is made. You also agree to pay the applicable Provider Fee and any applicable Taxes.
Phivi recommends that Providers obtain appropriate insurance for their Provider Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Organizers (and the individuals the Organizer has booked the event for and Organizer invitees) while using your Entertainment, Rental or other Provider Service.
Terms specific for Organizers
Terms applicable to all bookings
Subject to meeting any requirements (such as completing any verification processes or agreeing to applicable liability waivers) set by Phivi and/or the Provider, you can book a Listing available on the Phivi Platform by following the respective booking process. All applicable fees, including the Travel or Delivery Fee, Booking Deposit (if applicable), and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your Phivi Account.
Upon receipt of a booking confirmation from Phivi, a legally binding agreement is formed between you and your Provider, subject to any additional terms and conditions of the Provider that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. Payment Entities will collect the Total Fees at the time of the booking request or upon the Provider’s confirmation pursuant to Payment Terms.
Booking Catering, Entertainment, Rental and other Provider Services
You should carefully review the description of any Musician, Baker, Florist, Officiant, Photographer, Entertainment, Rental or other Provider Service you intend to book to ensure you (and any additional guests or invitees you are booking for) meet any minimum age, proficiency, other requirements which the Provider has specified in their Listing. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in for Musician, Baker, Florist, Officiant, Photographer, Entertainment, Rental or other Provider Service.
Booking Modifications, Cancellations and Refunds
Providers and Organizers are responsible for any modifications to a booking that they make via the Phivi Platform or direct Phivi customer service to make(“Booking Modifications“), and agree to pay any additional Provider Fees and/or Taxes associated with such Booking Modifications.
Organizers can cancel a confirmed booking at any time pursuant to the Listing’s cancellation policy, and Payment Entities will refund the amount of the Total Fees due to the Organizer in accordance with such cancellation policy. Unless extenuating circumstances exist, any portion of the Total Fees due to the Provider under the applicable cancellation policy will be remitted to the Provider by Payment Entities pursuant to the Payment Terms.
If a Provider cancels a confirmed booking, the Organizer will receive a full refund of the Total Fees for such booking within a commercially reasonable time of the cancellation. In some instances, Phivi may allow the Organizer to apply the refund to a new booking, in which case Payment Entities will credit the amount against the Organizer’s subsequent booking at the Organizer’s direction. Further, Phivi may publish an automated review on the Listing canceled by the Provider indicating that a booking was canceled. In addition, Phivi may (i) keep the calendar for the Listing unavailable or blocked for the dates of the canceled booking, and/or (ii) impose a cancellation fee, unless the Provider has a valid reason for canceling the booking or has legitimate concerns about the Organizer’s behavior.
In certain circumstances, Phivi may decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make appropriate refund and payout decisions. This may be for extenuating circumstances (i) where Phivi believes in good faith while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to Phivi, other Users, third parties or property, or (ii) for any of the reasons set out in these Terms.
If, as a Provider, your Organizer cancels a confirmed booking or Phivi decides that it is necessary to cancel a confirmed booking, and Phivi issues a refund to the Organizer in accordance with the applicable cancellation policy, you agree that in the event you have already been paid, Payment Entities will be entitled to recover the amount of any such refund from you, including by subtracting such refund amount out from any future Payouts due to you.
In the event of a dispute between an Organizer and a Provider, Users may send an email to Phivi.com/resolutions-center with complaints and claims. Phivi will use reasonable efforts to respond to such emails.
As a Provider you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any sales taxes, occupancy tax, or income taxes (“Taxes“).
Tax regulations may require us to collect appropriate Tax information from Providers, or to withhold Taxes from payouts to Providers, or both. If a Provider fails to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to freeze all payouts, withhold such amounts as required by law, or to do both, until resolution.
Intellectual property rights
This Agreement does not transfer to you any intellectual property owned by Phivi or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Phivi. All trademarks, service marks, graphics, and logos used in connection with our Website or Services, are trademarks or registered trademarks of Phivi or Phivi licensors. Other trademarks, service marks, graphics and logos used in connection with our Website or Services may be the trademarks of other third-parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any Phivi or third-party trademarks.
Disclaimer of warranty
You agree that your use of our Website or Services is solely at your own risk. You agree that such Service is provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
You agree that you have had whatever opportunity you deem necessary to investigate the Phivi Services, laws, rules, or regulations that may be applicable to your Listings and/or Provider Services you are receiving and that you are not relying upon any statement of law or fact made by Phivi relating to a Listing.
You agree that some Entertainment or other Provider Services may carry inherent risk, and by participating in such services, you and your invitees choose to assume those risks voluntarily. For example, some Provider Services may carry the risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Provider Services. You assume full responsibility for the choices you make before, during and after your participation in a Provider Service. You agree to release and hold harmless Phivi from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to during the Provider Service or in any way related to the Provider Service.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
Ratings and Reviews
Within a certain time frame after completing a booking, Organizers can leave a public review (“Review”) and submit a star rating (“Rating”).
Ratings or Reviews reflect the opinions of individual Users and do not reflect the opinion of Phivi. Ratings and Reviews are not verified by Phivi for accuracy and may be incorrect or misleading.
Ratings and Reviews by Organizers must be accurate and may not contain any offensive or defamatory language.
Users are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another User.
Ratings and Reviews are part of a User’s public profile and may also be surfaced elsewhere on the Phivi Platform (such as the Listing page) together with other relevant information such as the number of bookings, number of cancellations, average response time and other information.
Limitation of liability
To the fullest extent permitted by applicable law, in no event will Phivi, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Phivi has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Phivi and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Phivi for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
You agree to indemnify and hold CNK Holdings Inc and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services or any willful misconduct on your part.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of New York, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in New York, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Phivi Platform. In connection with your use of the Phivi Platform, you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, or any of our policies or standards;
- use the PhiviPlatform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Phivi endorsement, partnership or otherwise misleads others as to your affiliation with Phivi;
- use the PhiviPlatform in connection with the distribution of unsolicited commercial messages (“spam”);
- offer, as a Provider, any Venue that you do not own or have permission to make available as a rental through the PhiviPlatform;
- unless Phivi explicitly permits otherwise, book any Listing if you will not actually be using the Provider Services yourself;
- contact another User for any purpose other than asking a question related to your own booking, Listing, or the User’s use of the PhiviPlatform, including, but not limited to, recruiting or otherwise soliciting any User to join third-party services, applications or websites, without our prior written approval;
- use the PhiviPlatform to request, make or accept a booking independent of the Phivi Platform, to circumvent any Service Fees or for any other reason;
- a request, accept or make any payment for Listing Fees outside of the PhiviPlatform or Payment Entities. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Phivi harmless from any liability for such payment;
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
- use, display, mirror or frame the PhiviPlatform or Collective Content, or any individual element within the Phivi Platform, Phivi’s name, any Phivi trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Phivi Platform, without Phivi’s express written consent;
- dilute, tarnish or otherwise harm the Phivibrand in any way, including through unauthorized use of Collective Content, registering and/or using Phivi or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Phivi domains, trademarks, taglines, promotional campaigns or Collective Content;
- use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the PhiviPlatform for any purpose;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Phivior any of Phivi’s providers or any other third party to protect the Phivi Platform;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the PhiviPlatform;
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the PhiviPlatform;
- export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
You acknowledge that Phivi has no obligation to monitor the access to or use of the Phivi Platform by any User or to review, disable access to, or edit any User Content, but has the right to do so to (i) operate, secure and improve the Phivi Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Users’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to User Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Users agree to cooperate with and assist Phivi in good faith, and to provide Phivi with such information and take such actions as may be reasonably requested by Phivi with respect to any investigation undertaken by Phivi or a representative of Phivi regarding the use or abuse of the Phivi Platform.
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are is free to assign any of its rights or obligations hereunder, in whole or in part, to any third-party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
Changes and amendments
We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes.
Term and Termination, Suspension and other Measures
This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Phivi terminate the Agreement in accordance with this provision.
You may terminate this Agreement at any time by sending us an email to firstname.lastname@example.org.
If you cancel your Phivi Account as a Provider of anything, any confirmed booking(s) will be automatically canceled and your Organizers will receive a full refund.
If you cancel your Phivi Account as an Organizer, you may cancel any confirmed booking(s) and any refund will depend upon the terms of the Listing’s cancellation policy.
Without limiting our rights specified below, Phivi may terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address.
Phivi may immediately, without notice, terminate this Agreement and/or stop providing access to the Phivi Platform if (i) you have materially breached your obligations under these Terms, the Payment Terms, our policies, and standards, (ii) you have violated applicable laws, regulations or third party rights, (iii) Phivi believes in good faith that such action is reasonably necessary to protect the personal safety or property of Phivi, its Users, or third parties (for example in the case of fraudulent behavior of a User), or (iv) Phivi, at its sole option, terminates all or part of the Phivi Platform services.
If Phivi terminates in accordance with the above section:
- Organizers may not make new reservations or bookings.
- Any existing reservations or bookings will be canceled and all funds received will be refunded in accordance with the Payment Terms.
In addition, Phivi may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payment Terms, our policies and standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Phivi Account registration, Listing process or thereafter, (iv) you and/or your Listings or Provider Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or Phivi otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly canceled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) Phivi believes in good faith that such action is reasonably necessary to protect the personal safety or property of Phivi, its Users, or third parties, or to prevent fraud or other illegal activity:
- refuse to surface, delete or delay any Listings, Ratings, Reviews, or other User Content;
- cancel any pending or confirmed bookings;
- limit your access to or use of the PhiviPlatform;
- temporarily or permanently revoke any special status associated with your PhiviAccount;
- temporarily or in case of severe or repeated offenses permanently suspend your PhiviAccount and stop providing access to the Phivi
In the case of non-material breaches and where appropriate, you will be given notice of any intended measure by Phivi and an opportunity to resolve the issue to Phivi’s reasonable satisfaction.
If we take any of the measures described above (i) we may refund your Organizers in full for any and all confirmed bookings that have been canceled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were canceled.
When this Agreement has been terminated, you are not entitled to a restoration of your Phivi Account or any of your User Content. If your access to or use of the Phivi Platform has been limited or your Phivi Account has been suspended or this Agreement has been terminated by us, you may not register a new Phivi Account or access and use the Phivi Platform through a Phivi Account of another User.
If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Phivi Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the Phivi Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Phivi and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Phivi and you in relation to the access to and use of the Phivi Platform.
No joint venture, partnership, employment, or agency relationship exists between you and Phivi as a result of this Agreement or your use of the Phivi Platform.
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
Phivi’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Phivi’s prior written consent. Phivi may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
Unless specified otherwise, any notices or other communications to Users permitted or required under this Agreement, will be provided electronically and given by Phivi via email, Phivi Platform notification, or messaging service (including SMS). The date of receipt for notices will be deemed the date on which Phivi transmits the notice.
If you have any questions about these Terms please email us at email@example.com
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.
This document was last updated on June 24, 2020.