Privacy policy form HÄNGA

1.

GENERAL INFORMATION

1.1This document describes how Hänga AS (“Hänga”, “we” or “us”) in capacity as a controller collects, uses, and processes personal data (“Privacy Policy”). This Privacy Policy is applicable when you visit our website https://hanga.fun/ or use our app Hänga (the “Platform” and the “Application”, respectively, and collectively the “Service”), or otherwise communicate with us.
1.2Note that this document does not describe how any third parties (e.g. event hosts which you may enter into agreements and other legal acts with via our Service) may process your personal data in their capacity as a controller.
1.3All definitions in this Privacy Policy shall be interpreted in accordance with applicable data protection laws which refers to the General Data Protection Regulation (Regulation no. 2016/679) and the Directive on Privacy and Electronic Communications (Directive 2002/58/EC), as well as the national implementations and related national legislation.
2.WHICH PERSONAL DATA WE PROCESS AND WHY
2.1

When you visit our Platform or use our Application

We process the following personal data

We process, e.g. IP address, as well as information about your IT equipment (e.g. unique device ID including operating system and whether the visit is done by computer or smartphone, network and computer performance, browser type, language) by using technology such as cookies, pixels and tags (on your browser or device). For more information on how we use such technologies, see our cookie policy.

Purpose

We process the personal data to:

(a)
ensure technical functionality;
(b)
establish statistics and evaluate our Service;
(c)
understand the visitor’s behaviour on, and improve, our Service; and
(d)
to enforce the terms of use, including to protect our rights, property, and safety, and the rights, property and safety of third parties if necessary.

Legal ground

We base the processing of personal data for the purposes described above on the legal ground legitimate interest.

The processing is necessary for our legitimate interest of providing a secure and user-friendly platform and application with a content relevant to the user, to maintain sufficient IT-security, to evade fraud and to protect the Service from cyber threats.

How long we store the personal data

The personal data is stored as long as necessary for the purpose of the processing, however, not for a period exceeding 2 years.

2.2

When you register an account and to provide our Service

We process the following personal data

We process Contact data (name, address, email address, phone number), User data (Member account ID, date of birth, photograph, information with respect to your interests, values, and personality, password, chat logs, people you follow, and any personal data you may include in your about-section), and Event data (i.e., details about the events you are interested in or have attended, including name, type of event, event location, rating, time and date). For events you pay for we may also process Payment data (i.e. personal data needed to handle payments, including contact data, payment type, card number, card expiration date, and CVV2).

Purpose

We process the personal data to administer your order and deliver the ordered information, including:

(a)
to administer your account, to enable and provide the Service including integration with third party services and allowing you to sign up to events and pay for certain events;
(b)
to send you alerts or messages by email or otherwise to inform you about updates of the Service, the terms of use or our privacy policy;
(c)
to check for and prevent misconduct and enforce the terms of use; and
(d)
to send you notifications on event updates, people you follow, and other relevant notifications as per your user settings and to give you recommendations for events and personalize and improve your experience with the Service.

Legal ground

We base the processing of personal data for the provision of the Service on the legal ground fulfilment of contract with you. If you do not provide us with personal data as set out above, we will be unable to provide you with the Service, or in some cases the functionality of the Service will be limited.

We base our other processing set out above on our legitimate interest of sending you relevant information, marketing us and our partners, and improving and developing the Service.

How long we store the personal data

We store your Contact data, User data, and Event data for as long as you have an account, and for a period thereafter, however, not exceeding 2 years. We store your Payment data for 7 years for bookkeeping purposes.

2.3

When you communicate with us e.g., via our support email or on social media

We process the following personal data

We process the personal data that you provide us with such as name, address, email address, and other information concerning your question, feedback, or matter.

Purpose

We process the personal data to answer your question and/or to handle your feedback or matter.

Legal ground

We base the processing of personal data for the purposes described above on the legal ground legitimate interest. The processing is necessary for our (and your) legitimate interest in being able to answer your question and/or handle your feedback or matter.

How long we store the personal data

We pursue storage limitation, but the storage period depends on the purpose of the specific processing. In general, we store the personal data for as long as your matter is being handled, and for a time of no more than 2 years thereafter to handle any follow-up errands and to ensure traceability of our communications.

2.4

To market our and our related parties’ products and services and improve our Service

We process the following personal data

We process Contact data (name, address, email address, phone number), User data (Member account ID, date of birth, photograph, information with respect to your interests, values, and personality, password, chat logs, people you follow), information of who follows you, and Event data (i.e., details about the events you are interested in or have attended, including name, type of event, event location, rating, time and date).

Purpose

We process the personal data to administer your order and deliver the ordered information, including:

(a)
to provide you with marketing of our and our related parties’ products and Service; and
(b)
to improve our Service.

Legal ground

We base our other processing set out above under (a) on our legitimate interest of marketing us and our partners, and under (b) on our legitimate interest of improving and developing the Service.

How long we store the personal data

We store your data for as long as it is necessary for the purposes in which it has been collected. In general, this means it is stored for a period of up to 1 year after the end of your membership period or subscription period.

2.5

In connection with your contacts with us in your work or assignment with any of our suppliers or business partners.

We process the following personal data

We process your name, phone number, mobile number, e-mail address, address, title, role and description of work tasks, as well as other personal data that may need to be processed to achieve the purposes described below, e.g. in documentation related to agreements that we have with your employer or customer, by email contact, or by publication on our intranet or in other media in order to make the personal data available primarily to our employees.

Purpose

We process the personal data to:

(a)
fulfil obligations under agreements with your employer or customer;
(b)
administer agreements, negotiations, or other cooperation;
(c)
handle customers’, suppliers’, and business partners’ demands; and
(d)
market our products.

Legal ground

We base the processing of personal data for the purposes described above on the legal ground legitimate interest. The processing is necessary for our legitimate interest in being able to fulfil obligations under agreements, administer agreements, negotiations or other cooperation, handle customers’, suppliers’ and business partners’ demands and market our products.

How long we store the personal data

We store your contact data, user data and payment data as long as it is necessary for the purposes in which it has been collected, in general for as long as such agreement, negotiation, or cooperation is underway and for a period thereafter.

2.6

To fulfil a legal obligation or to exercise, establish or defend our legal rights

In addition to what is described above, there might be other situations when we process your personal data to fulfil legal obligations, such as the obligation to maintain accounts, or at the request of an authority. The legal ground for the processing in such a case is that the processing is necessary to fulfil a legal obligation. In those cases, we will store the data as long as we are obliged to.

We might also process your personal datato exercise, establish, or defend our legal rights. The legal ground for the processing in such case is our legitimate interest to exercise, establish or defend our legal rights. In those cases, we will store the data as long as necessary to fulfil the purpose of the processing.

3.

HOW WE RECEIVE YOUR PERSONAL DATA

3.1

You provide us with most of the personal data we collect while using the Service and as set out above. We may also receive your personal data from third party clients, suppliers, service providers and other partners, as well as from other users if they invite you to an event on Hänga.

4.

DISCLOSURE OF PERSONAL DATA

4.1

We may share and disclose your personal data to our suppliers and partners, which includes:

(a)
service providers and other processors such as suppliers of IT systems for managing and hosting digital systems including website(s), platform(s), IT-infrastructure and storage,as well assuppliers for handling system management,i.e.IT-consultants/developers;
(b)
service providers supplying systems for support, email, and marketing;
(c)
payment service providers to help facilitate payments;
(d)
auditors, advisors, legal representatives, and similar agencies to fulfil legal requirements, contractual obligations, and protect vital interests and ensure our legal rights; and
(e)
other recipients as required by law, other constitution, or authority decision (e.g., tax agencies, law enforcement or supervisory authorities).
4.2

Some of our IT-system cloud providers and service providers for email and marketing are located outside the EU/EEA and we are therefore applying relevant safeguards for the data transfers to this/these recipients. You can acquire further information regarding the transfer by contacting us at the contact details set out in section 7.

4.3

When using the Service you may be directed to platforms where the personal data collected is not in our control. The privacy policy of such other platforms will govern the personal data obtained from you on that platform.

5.

CHILDREN

The Service are not directed to persons under the age of 16. If you are a parent or guardian of a person under the age of 16 and you become aware of that the child has provided personal data to us without your consent, please contact us at the contact details set out below in section 7 to exercise your access, rectification, erasure, limiting of processing and objection rights.

6.

YOUR RIGHTS

6.1

You have an absolute right to object to the processing of your personal data for direct marketing as described in section 2.4 above. You also have the right to withdraw your prior given consent. The withdrawal of your consent does not affect the lawfulness of the processing based on the consent before its withdrawal, and we may continue processing your personal data based on other legal grounds, except for direct marketing.

6.2

You have the right to request access and further information concerning the processing of your personal data, or request that we correct, rectify, complete, erase or restrict the processing of your personal data. You have the right to obtain a copy of the personal data that we process relating to you.

6.3

If the processing is based on the legal grounds consent or fulfilment of contract you may have the right to data portability. Data portability means that you can receive the personal data that you have provided to us, in a structured, commonly used, and machine-readable format, and have the right to transfer such data to another data controllers.

7.

CONTACT INFORMATION

7.1

To exercise your rights, or if you have any questions regarding our processing of your personal data, please contact us at the following address: support@hanga.fun or Hänga AS, Haukeligata 5B, 4012 Stavanger, Norway. In your letter/email please state your full name,. Note that you should sign the request to receive information of the processing of your personal data yourself.

7.2

If you have any complaints regarding our processing of your personal data, you may file a complaint to the competent data protection authority. You can find out more about the local data protection authorities under the following link: https://edpb.europa.eu/about-edpb/about-edpb/members_en

8.

CHANGE OF CONTROL

If there is a change of control in our business, we may transfer your information to the new owners for them to continue to provide the Service. The new owners shall continue to comply with the commitments we have made in this Privacy Policy.

9.

NOTICE OF CHANGES TO THE PRIVACY POLICY

If we make changes to this Privacy Policy, we will notify you by email. If your consent is required due to the changes, we will provide you additional prominent notice as appropriate under the circumstances and, ask for your consent in accordance with applicable law.

GENERAL TERMS AND CONDITIONS FOR HÄNGA’S USERS

1.

GENERAL

1.1

These general terms and conditions (the “Terms”) constitute an agreement (the “Agreement”) between Hänga AS and the users of Hänga’s platform (“Hänga” and the “User/Users” respectively, collectively the “Parties”) regarding the User’s use of Hänga's services (the “Services”).

1.2

By accepting these Terms, the Parties enter the Agreement. Persons under the age of 16 are not entitled to accepting these Terms and enter into the Agreement without their guardian’s written consent.

1.3

If you do not agree to these Terms, we ask you not to use the Services. The Services are provided by our platform (the “Platform”) on our website (the “Website”).

2.

THE SERVICES

2.1

Hänga provides the Services in connecting users with similar interest and values by encouraging to attending different activities and events.

2.2

Since the Services partly includes the opportunity for third parties to enter agreements and other legal acts, Hänga wishes to clarify that Hänga is not a party to any such third-party agreement or legal act, other than this Agreement.

3.

USER RESPONSIBILITY

3.1

When using the Services, the User shall act under these Terms. Hänga shall be entitled to block the User’s account with immediate effect without prior notice if the User is in breach of these Terms.

3.2

When using the Services, the User shall not communicate, publish content, or otherwise act in any way which:

i.
is untrue, deceptive, or incorrect;
ii.
is discriminating, offensive and/or constitutes agitation with respect to gender, transgender identity, or expression (including sexist remarks), ethnicity, disability, sexual orientation, or age;
iii.
is defamatory or constitutes agitation, insults, or persecution against any person or group of people;
iv
is sexually explicit or contains pornography;
v.
contains viruses, corrupted data, malicious software, or other programs that may harm computers or other property;
vi.
is in any way harmful, abusive, offensive, or illegal or which infringes the rights of any third party (such as including but not limited to copyright and trademarks); or
vii.
is otherwise unlawful or encourages unlawfulness.
3.3

The User is responsible for the quality of all content provided to Hänga. When using the Services, such as e.g., when uploading content to the Platform, the User shall follow instructions provided by Hänga from time to time. Hänga is not liable for any delay or disruption in transmission or other disturbances, failures or malfunctions caused by (i) the quality of the content provided to Hänga, (ii) the User’s mistake when uploading content (whether in breach of Hängas’s instructions or not), including but not limited to the User providing incorrect format information when uploading content or (iii) otherwise by the User’s incorrect use of the Services.

3.4

Regardless of delivery method the transfer of content from the User to the Platform is at the User’s risk.

3.5

The User guarantees that it owns or otherwise controls all necessary rights to the content uploaded at the Platform in accordance with section 7.3 and 7.4. The User further guarantees that all information and content uploaded to the Platform is true, related to the User, and in line with these Terms.

3.6

The User shall provide content in accordance with section 3.1. Hänga has the right to immediately cease the distribution of (and remove from the Platform) any content that Hänga in its sole discretion deems is in breach of these Terms.

3.7

When using Hänga’s chat function, the messages between the User and other users are not visible to users outside of the chat. The messages between the User and an event host may be screened by Hänga if Hänga deems that there is a risk that the User has acted in contrary to these Terms. The User is responsible for that all messages sent by the User via Hänga’s chat function are under these Terms.

4.

USERNAME AND PASSWORD

4.1

Hänga will provide the User with usernames and passwords for the User to gain access to Services provided online (such as the possibility for the User to upload content to the Services). The User is responsible for all handling of usernames and passwords and undertakes to not disclose the usernames and/or passwords to any unauthorized person or otherwise allow any unauthorized person to access the Services under the User’s usernames and/or passwords. If the User has reason to believe that an unauthorized person has gained access to the User’s usernames and/or passwords the User must immediately inform Hänga. Hänga has a right, but not an obligation, to block the User’s account if Hänga deems that there is a risk that an authorized person has gained access to the User’s usernames and/or passwords. The User is responsible for all use of the Services under the User’s usernames and/or passwords.

4.2

When the User creates a username, the username shall be in accordance with section 3.1. Hänga has the right to change the User’s username if the username, according to Hänga, does not align with said section.

5.

EVENTS

5.1

The Services allow you to share and display an offer for joining events to other Users (the "Event Offers"). Event Offers must live up to the demands we place in accordance with section 3 and the rest of these Terms, and meet the following requirements:

i.
there must be no inaccuracies, omissions, or misleading information with respect to the events that you offer. In addition, the information that you provide must be clear, understandable, and unambiguous;
ii.
your offer may not duplicate other famous and distinctive products, or other events on the Services;
iii.
you cannot compare your offer to someone else's products or services, unless it is justified and in accordance with good marketing practices; and
iv
your offer may not otherwise contradict good marketing practices.
5.2

We will not tolerate any Event Offers we consider inappropriate, illegal, unethical, or harmful to us or the users of the Services, or that are otherwise not in accordance with these Terms. We have a statutory duty to monitor the user-generated material made available in the Services and we reserve the right to, at our sole discretion, remove such material from our Services. In addition, we reserve the right to delete offers that appear to be inconsistent with the applicable marketing legislation.

5.3

If a User provides an Event Offer, the User shall provide the Event Offer as a private individual and not as a taxable person. A User shall not provide any Event Offer in a professional performance. The User shall ensure that Event Offer(s) provided by the User is/are not considered to be of the magnitude or of a duration that is deemed a business activity, or which may be considered professional.

5.4

If Hänga has reason to believe that a User is providing professional services, Hänga has the right to block the User’s opportunity to provide Event Offers without a prior warning.

5.5

The User is responsible for declaring any income from providing Event Offers to the relevant tax authority. Further, the User is responsible for the correctness of its tax declaration and any tax consequences that may arise out of an Event Offer, e.g., reporting of tax and payment of taxes and fees, including any social charges. The User is responsible for keeping itself aware of the applicable tax regulation from time to time as well as obligations to provide the relevant tax authority with information. The User is further responsible for acting in compliance with any applicable regulation on VAT.

5.6

Hänga is working in accordance with the Directive (EU) 2021/514 of 22 March 2021 amending the Directive 2011/16/EU on administrative cooperation in the field of taxation (the “DAC7”) and will take all actions needed under the DAC7.

5.7

When attending an event via Hänga’s platform, the User agrees to act (i) under the event host’s terms and conditions, and (ii) in accordance with section 3.1. The User further agrees to attend the events for which the User has bought a ticket for. If the User cannot attend an event for which the User has bought a ticket for, the User shall notify the event host at least 24 hours before the event. In such a case, the User is not entitled to retrieve any fee paid for the event ticket. An event ticket is personal and non-transferable.

5.8

If the User does not act (i) under these Terms, and/or (ii) under an event host’s terms and conditions, Hänga and/or an event host shall be entitled to deny the User to attend further events.

6.

EVENTS

Hänga shall provide remote support to Users, such as answering User questions via Hänga’s SoMe Channels, chat function, or email.

7.

INTELLECTUAL PROPERTY RIGHTS

7.1

All copyright, patent, or other intellectual property rights attributable to the Services are owned by or licensed to Hänga. The Services, and any software included therein, may only be used by the User under the Terms, and as described in this Agreement and may not be copied, transferred, or changed by the User.

7.2

The User shall not acquire any right under the Agreement to Hänga’s trademarks, product trademarks, distinctive marks, and other symbols, which are used in connection with the Services.

7.3

For any content or user generated material uploaded by you, you warrant that you have all necessary rights to show and upload such content or material, and to use it in all other ways and to grant us the license to it as described below.

7.4

You hereby give us a worldwide, perpetual, non-exclusive, gratuitous, and transferable right to possess, process, store, publish, distribute, stream, transmit, playback, transcode, copy, present, display and otherwise use the content or user generated material to provide and market the Services, or any of our current or future products or services.

8.

PERSONAL DATA

By accepting these Terms, the User confirms that it (i) has taken part of Hänga’s privacy policy, and (ii) accepts the terms set out therein.

9.

STATISTICS AND VIEWER DATA

Hänga is entitled to use all non-personal viewer data and other statistics resulting from the Services, such as including but not limited to statistics regarding the User’s behavior. Hänga shall be entitled to keep and use all such statistics and data also upon expiry of the Agreement.

10.

FEES AND PAYMENT TERMS

10.1

Hänga is entitled to charge the User for Hänga’s payment services, i.e., events, Event Offers, and payment versions of the Platform (“Payment Services”).

10.2

The fees and terms for the User’s use of the Payment Services can change from time to time as specified when the User creates an Event Offer or subscribes for or buys a Payment Service.

10.3

The fees under the Payment Services are handled by PayPal under PayPal’s terms and conditions. By subscribing for or buying a Payment Service, the User accepts PayPal’s terms and conditions for such transaction. Hänga is under no circumstances responsible for the transaction handled by PayPal.

10.4

Value added tax will be added to all fees to the extent required by law. If value added tax is not initially charged, Hänga shall be entitled to charge value added tax at a later stage if relevant tax authorities decide that value added tax should be charged.

11.

RIGHT TO WITHDRAW

The Payment Services do not give the User the right to withdraw since the Payment Services either (i) is a service for a specific day during a specific time, or (ii) is provided digitally and immediately to the User when purchasing the service. By accepting these Terms, the User confirms that the User is aware that the right to withdraw does not apply to the Payment Services.

12.

TERMINATION

12.1

The Agreement enters into force when the User accepts these Terms. The Agreement is valid until the User deletes its account on Hänga’s Platform, Hänga ceases to provide the Services, or until Hänga terminates the agreement under section 12.2.

12.2

Hänga shall be entitled to terminate the Agreement by written notice with immediate effect if the User is in breach of these Terms.

12.3

The termination of the Agreement, regardless of the reason, shall not relief the User from any responsibility which has already appeared. The User’s responsibilities which, because of the nature of the responsibilities, are intended to survive the termination of the Agreement shall do so.

13.

EFFECT OF TERMINATION

Upon termination of the Agreement, Hänga may delete all content provided by the User, unless the User notifies Hänga otherwise within 14 days from the termination of the Agreement.

14.

NO WARRANTIES

14.1

The Services and the content therein are provided by Hänga "as is" and “as available.” We make no warranties, expressed or implied, and hereby disclaim any warranty, including without limitation,implied warranties or conditions of delivery,accessibility, merchantability, fitness for a particular purpose, non-infringement of intellectual property or other violation of rights or functionality of the Services. Further, we do not warrant or make any representations concerning the accuracy, results, or reliability of the use of the content accessible through the Services and other services or otherwise relating to such content or on any sites linked to the Services.

14.2

For clarity, Hänga is in no event liable for any delay or disruption in transmission of content or, failures or malfunctions caused by the User’s internet connection or equipment.

14.3

Hänga is not responsible for any disturbances the Services may cause to any other software when the Services are used by the User together with such software or otherwise.

14.4

Hänga is not responsible for the events hosted by other users or third-parties neither any content provided on the Platform by users.

15.

LIMITATION OF LIABILITY

15.1

Hänga shall not be liable for any loss of profits, loss of production, reduced turnover in business and similar costs or losses or any indirect damages. Hänga’s total liability because of the Services is limited to direct damages.

15.2

Hänga shall under no circumstances be liable for any event hosted by the User, other users or other third parties nor for any act or behavior by any event guest.

15.3

The User shall be liable for all Hänga’s direct and/or indirect damages caused by the User’s breach of these Terms.

15.

FORCE MAJEURE

16.1

If a Party is prevented from fulfilling its commitments in accordance with the Agreement, by circumstances beyond its control that it could not reasonably be expected to have foreseen, and the result of which the Party could not reasonably be expected to have avoided or overcome such as including but not limited to strike, pandemic, labor conflict, war, warlike hostilities, insurrection or riot, mobilization or general military call-up, civil war, requisition, seizure, fire, lightning, earthquake, flood or water damage, altered decisions by authorities, intervention by authorities, legislation or official restrictions, currency restrictions, export or import restrictions, general shortage of goods, lack of bandwidth and faults or delays in services from a subcontractor (“Force Majeure”), such Party shall be relieved from liability for a failure to perform any obligation under the Agreement.

16.2

Any Party that invokes Force Majeure in accordance with the above shall inform the other Party thereof without delay. If the performance of any obligation is prevented for a period longer than three months because of any such circumstance stated above, each Party is entitled to terminate the Agreement free from liability to compensate the other Party.

17.

SUBCONTRACTORS

Hänga shall be entitled to engage subcontractors to fulfil its undertakings under the Agreement. Hänga shall be responsible for all work performed by the subcontractor as though the work had been performed by Hänga.

18.

ASSIGNMENT

The User agrees that Hänga may at its sole discretion and option, and without notice, assign its rights or obligations under these Terms, in whole or in part, and/or any rights, licenses or obligations to a third party. The User may not assign, sub-license, or otherwise transfer the Services, these Terms or any of its rights or obligations under these Terms, sub-contract its obligations, or resell any of the Services without the prior written permission of Hänga.

19.

CHANGE TO THE SERVICES AND THE TERMS

19.1

You acknowledge and agree that nothing in these Terms constitutes an undertaking by us to provide the Services in its present form or under any specifications. We may, in our sole and absolute discretion, from time to time make additions to, deletions from, modifications to, or change the format and features of, the Services.

19.2

You further acknowledge that we may be obliged to alter, modify, or reduce the extent of the Services due to mandatory law or decisions by competent governmental authorities. If such restriction applies to the Services in a way that may affect or impair the Payment Services, Hänga shall bear no responsibility and shall not be obliged to perform any full or partial refund of any payments made by you for any Paid Services.

19.3

Hänga has the right to from time to time change these Terms. Hänga will notify the User if Hänga changes the Terms via e-mail and/or a pop-up notice on the Platform.

20.

NOTICES

All notices to Hänga under these Terms shall be sent to support@hanga.fun or otherwise as Hänga may inform the User of from time to time, or as listed on our support page. All notices to the User under this Agreement will be sent to its registered e-mail address as provided by the User as part of the online registration process.

21.

GOVERNING LAW AND DISPUTES

This Agreement is governed by Swedish law. Any dispute, controversy or claim arising out of or in connection with this Agreement, or the breach, termination, or invalidity thereof, shall be subject to the exclusive jurisdiction of Swedish courts, with the Stockholm District Court as the court of first instance.

HÄNGA - GENERAL TERMS AND CONDITIONS FOR PARTNER COMPANIES OFFERING EVENTS

1.

GENERAL

1.1

These general terms and conditions (the “Terms”) constitute an agreement (the “Agreement”) between Hänga AS (“Hänga”) and a partner company, (the “Partner”) (collectively the “Parties”). The terms regard the Partner’s event offers (“Event Offers”) under Hänga’s platform (the “Platform”) on Hänga’s website (the “Website”).

1.2

By accepting these Terms, the Parties enter the Agreement. If the Partner does not agree to these Terms, Hänga asks the Partner to not accept the Terms and to not provide any Event Offers.

2.

THE PLATFORM

2.1

Hänga provides services in connecting their users (the “Users”) of the Platform with similar interests and values by encouraging them to attend different activities and events (the “Services”).

2.2

The Partner is entitled to provide Event Offers to the Users. Since the Services partly include the opportunity for third parties to enter agreements and other legal acts, including but not limited to agreements between the Users and the Partner, Hänga wishes to clarify that Hänga is not a party to any such third-party agreement or legal act, other than this Agreement.

3.

PARTNER RESPONSIBILITY

3.1

When providing the Event Offers and/or using the Platform, the Partner shall act under these Terms. Hänga shall be entitled to block the Partner’s account with immediate effect without prior notice if the Partner is in breach of these Terms.

3.2

When providing Event Offers under the Platform, the Partner shall not communicate, publish content, or otherwise act in any way which:

i.
is untrue, deceptive, or incorrect;
ii.
is discriminating, offensive and/or constitutes agitation with respect to gender, transgender identity, or expression (including sexist remarks), ethnicity, disability, sexual orientation, or age;
iii.
is defamatory or constitutes agitation, insults, or persecution against any person or group of people;
iv
is sexually explicit or contains pornography;
v.
contains viruses, corrupted data, malicious software, or other programs that may harm computers or other property;
vi.
is in any way harmful, abusive, offensive, or illegal or which infringes the rights of any third party (such as including but not limited to copyright and trademarks); or
vii.
is otherwise unlawful or encourages unlawfulness.
3.3

The Partner is responsible for the quality of all content provided to Hänga. When providing the Event Offers, such as e.g., when uploading the Event Offer to the Platform, the Partner shall follow instructions provided by Hänga from time to time. Hänga is not liable for any delay or disruption in transmission or other disturbances, failures or malfunctions caused by (i) the quality of the content provided to Hänga, (ii) the Partner’s mistake when uploading the Event Offer (whether in breach of Hängas’s instructions or not), including but not limited to the Partner providing incorrect format information when uploading the Event Offer or (iii) otherwise by the Partner’s incorrect use of the Platform.

3.4

Regardless of delivery method the transfer of content from the Partner to the Platform is at the Partner’s risk.

3.5

The Partner guarantees that it owns or otherwise controls all necessary rights to the content uploaded at the Platform in accordance with sections 7.3 and 7.4. The Partner further guarantees that all information and content uploaded to the Platform is true, related to the Partner, and in line with these Terms.

3.6

The Partner shall provide content in accordance with section 3.2. Hänga has the right to immediately cease the distribution of (and remove from the Platform) any content that Hänga in its sole discretion deems is in breach of these Terms.

3.7

When using Hänga’s chat function for communicating with the Users, the messages between the Users and the Partner may be screened by Hänga if Hänga deems that there is a risk that the User or the Partner has acted in contrary to these Terms or the User’s terms and conditions. The Partner is responsible for that all messages sent by the Partner via Hänga’s chat function are under these Terms.

4.

USERNAME AND PASSWORD

4.1

Hänga will provide the Partner with usernames and passwords for the Partner to gain access to the Platform (for e.g. the possibility for the Partner to provide Event Offers). The Partner is responsible for all handling of usernames and passwords and undertakes to not disclose the usernames and/or passwords to any unauthorized person or otherwise allow any unauthorized person to access the Platform under the Partner’s usernames and/or passwords. If the Partner has reason to believe that an unauthorized person has gained access to the Partner’s usernames and/or passwords the Partner must immediately inform Hänga. Hänga has a right, but not an obligation, to block the Partner’s account if Hänga deems that there is a risk that an authorized person has gained access to the Partner’s usernames and/or passwords. The Partner is responsible for all use of the Platform under the Partner’s usernames and/or passwords.

4.2

When the Partner creates a username, the username shall be in accordance with section 3.2. Hänga has the right to change the Partner’s username if the username, according to Hänga, does not align with said section.

5.

EVENTS

5.1

The platform allows the Partner to share and display an Event Offer for joining events to the Users. Event Offers must live up to the demands Hänga places in accordance with section 3 and the rest of these Terms, and meet the following requirements:

i.
there must be no inaccuracies, omissions, or misleading information with respect to the Event Offer. In addition, the information that the Partner provides shall be clear, understandable, and unambiguous;
ii.
no person under the age of 16 shall be entitled to attend an Event Offer without their guardian’s written consent;
iii.
the Event Offer may not duplicate other famous and distinctive products, or other events on the Services;
iv
the Partner cannot compare its Event Offer to someone else's products or services, unless it is justified and in accordance with good marketing practices; and
v
the Event Offer may not otherwise contradict good marketing practices.
5.2

Hänga will not tolerate any Event Offers that Hänga considers inappropriate, illegal, unethical, or harmful to Hänga or the Users, or that are otherwise not in accordance with these Terms. Hänga has a statutory duty to monitor the material made available on the Platform and Hänga reserves the right to, at Hänga’s sole discretion, remove such material from the Platform. In addition, Hänga reserves the right to delete Event Offers that appear to be inconsistent with the applicable marketing legislation.

5.3

The Partner is responsible for declaring any income from providing Event Offers to the relevant tax authority. Further, the Partner is responsible for the correctness of its tax declaration and any tax consequences that may arise out of an Event Offer, e.g., reporting of tax and payment of taxes and fees, including any social charges. The Partner is responsible for keeping itself aware of the applicable tax regulation from time to time as well as obligations to provide the relevant tax authority with information. The Partner is further responsible for acting in compliance with any applicable regulation on VAT.

5.4

Hänga is working in accordance with the Directive (EU) 2021/514 of 22 March 2021 amending the Directive 2011/16/EU on administrative cooperation in the field of taxation (the “DAC7”) and will take all actions needed under the DAC7.

5.5

When hosting an event via Hänga’s platform, the Partner agrees to act in accordance with section 3.2.

5.5

If a User does not act under the Partner’s terms and conditions for the Event Offer, the Partner is entitled to deny the User to attend further events.

5.6

If a User does not act under the Partner’s terms and conditions for the Event Offer, the Partner is entitled to deny the User to attend further events.

6.

SUPPORT AND MAINTENANCE

Hänga shall provide remote support to the Partner, such as answering questions via Hänga’s SoMe Channels, chat function, or email.

7.

INTELLECTUAL PROPERTY RIGHTS

7.1

All copyright, patent, or other intellectual property rights attributable to the Services and/or the Platform are owned by or licensed to Hänga. The Platform, and any software included therein, may only be used by the Partner under the Terms, and as described in this Agreement and may not be copied, transferred, or changed by the Partner.

7.2

The Partner shall not acquire any right under the Agreement to Hänga’s trademarks, product trademarks, distinctive marks, and other symbols, which are used in connection with the Services.

7.3

For any content or generated material uploaded by the Partner, the Partner warrants that it has all necessary rights to show and upload such content or material, and to use it in all other ways and to grant Hänga the license to it as described below.

7.4

The Partner hereby gives Hänga a worldwide, perpetual, non-exclusive, gratuitous, and transferable right to possess, process, store, publish, distribute, stream, transmit, playback, transcode, copy, present, display and otherwise use the content or generated material to provide and market the Services, the Platform, and Event Offers, or any of our current or future products or services.

8.

PERSONAL DATA

By accepting these Terms, the Partner confirms that it (i) has entered a data processing agreement with Hänga and (ii) accepts the terms set out therein.

9.

STATISTICS AND VIEWER DATA

Hänga is entitled to use all non-personal viewer data and other statistics resulting from the Services, such as including but not limited to statistics regarding the Partner’s behavior. Hänga shall be entitled to keep and use all such statistics and data also upon expiry of the Agreement.

10.

FEES AND PAYMENT TERMS

10.1

Hänga is entitled to charge the Partner for Hänga’s payment services, i.e., Event Offers, selling tickets for the Event Offers, and payment versions of the Platform (“Payment Services”).

10.2

The fees for the Partner’s use of the Payment Services can change from time to time as specified when the Partner creates an Event Offer or subscribes for or buys a Payment Service.

10.3

The fees under the Payment Services are handled by PayPal under PayPal’s terms and conditions. By subscribing for or buying a Payment Service, the Partner accepts PayPal’s terms and conditions for such transactions. Hänga is under no circumstances responsible for the transaction handled by PayPal.

10.4

Value added tax will be added to all fees to the extent required by law. If value added tax is not initially charged, Hänga shall be entitled to charge value added tax at a later stage if relevant tax authorities decide that value added tax should be charged.

11.

TERMINATION

11.1

The Agreement enters into force when the Partner accepts these Terms. The Agreement is valid until the Partner deletes its account on Hänga’s Platform, Hänga ceases to provide the Platform, or until Hänga terminates the agreement under section 11.2.

11.2

Hänga shall be entitled to terminate the Agreement by written notice with immediate effect if the Partner is in breach of these Terms.

11.3

The termination of the Agreement, regardless of the reason, shall not relief the Partner from any responsibility which has already appeared including, but not limited to, following out an Event Offer. The Partner’s responsibilities which, because of the nature of the responsibilities, are intended to survive the termination of the Agreement shall do so.

12.

EFFECT OF TERMINATION

Upon termination of the Agreement, Hänga may delete all content provided by the Partner, unless the Partner notifies Hänga otherwise within 14 days from the termination of the Agreement.

13.

NO WARRANTIES

13.1

The Platform and the content therein are provided by Hänga "as is" and “as available.” Hänga makes no warranties, expressed or implied, and hereby disclaims any warranty, including without limitation,implied warranties or conditions of delivery,accessibility, merchantability, fitness for a particular purpose, non-infringement of intellectual property or other violation of rights or functionality of the Platform. Further, Hänga does not warrant or make any representations concerning the accuracy, results, or reliability of the use of the content accessible through the Services and other services or otherwise relating to such content or on any sites linked to the Platform.

13.2

For clarity, Hänga is in no event liable for any delay or disruption in transmission of content or, failures or malfunctions caused by the Partner’s internet connection or equipment.

13.3

Hänga is not responsible for any disturbances the Platform may cause to any other software when the Services are used by the Partner together with such software or otherwise.

13.4

Hänga is not responsible for the Users attending the Event Offers, Event Offers hosted by the Partner neither any content provided on the Platform by the Partner.

14.

RELATIONSHIP BETWEEN THE PARTIES

This Agreement shall not be deemed to create any kind of joint venture, agency or partnership between the parties and neither party shall be considered an agent or legal representative. Neither Party is granted any right or authority to assume or to create any obligation or responsibility, express or implied, on behalf of or in the name of the other Party, with regard to any manner or thing whatsoever, unless otherwise specifically agreed upon in writing.

15.

LIMITATION OF LIABILITY

15.1

Hänga shall not be liable for any loss of profits, loss of production, reduced turnover in business and similar costs or losses or any indirect damages. Hänga’s total liability because of the Platform is limited to direct damages.

15.2

Hänga shall under no circumstances be liable for any Event Offer hosted by the Partner, the Users, or other third parties.

15.3

The Partner shall be liable for all Hänga’s direct and/or indirect damages caused by the Partner’s breach of these Terms.

16.

FORCE MAJEURE

16.1

If a Party is prevented from fulfilling its commitments in accordance with the Agreement, by circumstances beyond its control that it could not reasonably be expected to have foreseen, and the result of which the Party could not reasonably be expected to have avoided or overcome such as including but not limited to strike, pandemic, labor conflict, war, warlike hostilities, insurrection or riot, mobilization or general military call-up, civil war, requisition, seizure, fire, lightning, earthquake, flood or water damage, altered decisions by authorities, intervention by authorities, legislation or official restrictions, currency restrictions, export or import restrictions, general shortage of goods, lack of bandwidth and faults or delays in services from a subcontractor (“Force Majeure”), such Party shall be relieved from liability for a failure to perform any obligation under the Agreement.

16.2

Any Party that invokes Force Majeure in accordance with the above shall inform the other Party thereof without delay. If the performance of any obligation is prevented for a period longer than three months because of any such circumstance stated above, each Party is entitled to terminate the Agreement free from liability to compensate the other Party.

17.

SUBCONTRACTORS

Hänga shall be entitled to engage subcontractors to fulfil its undertakings under the Agreement. Hänga shall be responsible for all work performed by the subcontractor as though the work had been performed by Hänga.

18.

SUBCONTRACTORS

The Partner agrees that Hänga may at its sole discretion and option, and without notice, assign its rights or obligations under these Terms, in whole or in part, and/or any rights, licenses or obligations to a third party. The Partner may not assign, sub-license, or otherwise transfer the Services, these Terms or any of its rights or obligations under these Terms, sub-contract its obligations, or resell any of the Services without the prior written permission of Hänga.

19.

CHANGE TO THE SERVICES AND THE TERMS

19.1

The Partner acknowledges and agrees that nothing in these Terms constitutes an undertaking by Hänga to provide the Platform in its present form or under any specifications. Hänga may, in our sole and absolute discretion, from time to time make additions to, deletions from, modifications to, or change the format and features of, the Platform.

19.2

The Partner further acknowledges that Hänga may be obliged to alter, modify, or reduce the extent of the Platform due to mandatory law or decisions by competent governmental authorities. If such restriction applies to the Platform in a way that may affect or impair the Event Offers, Hänga shall bear no responsibility and shall not be obliged to perform any full or partial refund of any payments made by the Partner for an Event Offer.

19.3

Hänga has the right to from time to time change these Terms. Hänga will notify the Partner if Hänga changes the Terms via e-mail and/or a pop-up notice on the Platform.

20.

NOTICES

All notices to Hänga under these Terms shall be sent to support@hanga.fun or otherwise as Hänga may inform the Partner of from time to time, or as listed on our support page. All notices to the Partner under this Agreement will be sent to the e-mail specified by the Partner to Hänga

21.

GOVERNING LAW AND DISPUTES

21.1

This Agreement and any non-contractual obligations arising out of or in connection therewith shall be governed and constructed in accordance with the substantive laws of Sweden.

21.2

Any dispute controversy or claim, contractual or non-contractual, arising out of or in connection with this Agreement, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the SCC). The Rules for Expedited Arbitrations of the SCC shall apply, unless the SCC, considering the complexity of the case, the amount in dispute and other circumstances, determines, in its own discretion, that the Arbitration Rules of the SCC shall apply. In the latter case, the SCC shall also decide whether the arbitral tribunal shall be composed by one or three arbitrators.

21.3

The venue for the proceedings shall be Stockholm, Sweden. The proceedings shall be held in the English language.

21.4

The Parties undertake and agree that all arbitral proceedings conducted under this arbitration clause shall be kept confidential, and all information, documentation, materials in whatever form disclosed in the course of such arbitral proceedings shall be used solely for the purpose of those proceedings.

© Hänga. 2022. All Rights Reserved