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For the safety of clients and staff in the current climate, we are not able to take requests for equipment or room hire. We apologise for the inconvience this has caused. The EnGarde will keep you updated with any chances that occur.
EnGarde Terms and Conditions.
If Customer does not agree to be bound by this Agreement, Customer may not access or use the Service, and should contact EnGarde to cancel Customer’s account. If Customer is a current EnGarde customer when this Agreement is posted on the EnGarde website, Customer’s continued use of the Service constitutes acceptance of this Agreement.
a. In order to provide the Services, EnGarde will provide the Customer access to their personal EnGarde account subject to the terms and conditions of this Agreement and the EnGarde Acceptable Use Policy.
b. If Customer has signed up for a free account (“Free Account”) then Customer’s use of the Services is limited as described on the EnGarde website. EnGarde may change or modify the Services available under a Free Account at any time for any reason without notice to Customer. EnGarde may cancel Customer’s Free Account at any time for any reason.
c. EnGarde makes no guarantees or warranty as to the continuous availability of the Service or any specific feature of the Service. EnGarde reserves the right to change the Service or any of its features at any time with or without notice.
d. EnGarde shall have the right to modify this Agreement at any time in any manner. Any modification shall be effective 30 days after notice on the EnGarde Home Page (www.EnGarde.lt), electronic mail or conventional Lithuanian or U.S. Mail. Continued use of the Service following notification of any modification to this Agreement shall be deemed acceptance of all such modifications.
e. These terms and conditions apply to any updates EnGarde makes to the Services.
2. REGISTRATION REQUIREMENTS.
a. Customer agrees to provide EnGarde with accurate and complete billing information including Customer’s legal name, address, and telephone number. All changes to this information must be reported to EnGarde within 30 days of the change.
b. By accepting this Agreement, Customer agrees to be responsible for all charges posted to Customer’s account until the account is cancelled as specified herein. Each Customer is responsible for the use of his/her/its Service account(s) under any name on that account by any person and for ensuring compliance with this Agreement by all users of his/her/its Service account.
a. Customer agrees to pay EnGarde all fees and charges for the Service including all applicable set-up fees (if any), monthly or yearly flat-rate usage fees (or other rate plan selected) or software licenses, or fees specified on a request for Deliverables, as defined in Section 11, when such fees and charges become due. There are no fees or charges for a Free Account.
b. Access to the Service is provided via a password-protected Internet Web site. Customers must use an Internet Service provider and an appropriate Internet Web browser to access the web site. EnGarde does not provide Internet access.
c. Current prices for EnGarde services may be obtained by calling +370 XXX XXX XXXX. EnGarde reserves the right to change prices and institute new fees. EnGarde may change rates or institute new charges at any time upon 30 days prior notice to Customer.
d. If Customer’s payment of any fees is delinquent, Customer’s account may be canceled at EventBooking’s sole discretion.
e. Customer agrees to pay all sales and use taxes, duties, or levies which are required by law, unless Customer provides a tax exemption certificate acceptable to the taxing authority. EnGarde shall have the right to bill and collect any applicable taxes of Customer where required by law.
f. Customer must contact the EnGarde Customer Service Department within 60 days of the invoice or transaction date of the charge if Customer believes EnGarde has made a billing error. Refunds, credits or adjustments will not be given for any charges which are more than 60 days old.
g. If Customer has not paid all sums due EnGarde in accordance with the terms hereof, a monthly finance charge equal to the lesser of (a) 1.5% per month, or (b) the highest amount permitted by law, shall accrue and be payable each month until paid in full. The waiver of a finance charge or any portion thereof shall not be deemed to be a waiver of any future finance charges. Customer is liable to EnGarde for any and all costs and expenses incurred by EnGarde, including without limitation attorneys’ fees and expenses, in collection of any past due amounts hereunder.
4. USE OF THE SERVICE.
a. Customer and any persons authorized by Customer are the only individuals who are authorized to access the Service through Customer’s EventBooking account. Customer shall ensure that all authorized users of the account comply with this Agreement.
b. Customer shall be responsible for maintaining the confidentiality of passwords used by Customer and authorized users of the account.
c. Customer is responsible for providing and maintaining all equipment and other software necessary to access the Service.
d. Customer expressly agrees not to use the Service or permit others to use the Service through Customer’s account in any way that violates any law or regulation; subjects EnGarde to liability of any kind; or is in contravention of EnGarde’s Acceptable Use Policy. Customer further agrees not to use the Service in a manner that will disrupt or interfere with any third parties’ use or enjoyment of the Service.
5. DISCLOSURE OF MEMBER INFORMATION; LICENSE.
a. Customer grants to EnGarde a non-exclusive, royalty-free, worldwide, perpetual license, with right to sublicense, to reproduce, distribute, transmit, create derivative works of, and publicly display any information that the Customer submits to public areas only of the Service (such as PUBLIC CALENDAR, VENUE AVAILS, ARTIST AVAILABILITY or ARTISTS ITINERARIES) by all means and in any media now known or hereafter developed.
b. If Customer is an entity, Customer grants to EnGarde the right to use Customer’s name in connection with all advertising, marketing and promotional material related thereto. At any time, Customer may request in writing that EnGarde not use Customer’s name in connection with any advertising, marketing or promotional materials.
c. Connect Feature. If Customer enables the connect feature for an agency or other entity (“Connected Entity”) then Customer has authorized EnGarde to share Customer’s calendar and venue availability with the Connected Entity. The Connected Entity will communicate with the Customer through the Services in order to place holds for specific dates. Customer may turn off the connect feature for any Connected Entity at any time.
d. Without limiting any of the other rights EnGarde has in this Agreement, Customer authorizes EnGarde to use Customer information in aggregate form as long as no personally identifiable information is disclosed to another entity.
e. Customer represents that it owns or has the right to use the data that Customer inputs through the Services. EnGarde can export Customer’s data in a standard format for a reasonable fee, as determined by EEnGarde.
6. NO WARRANTIES PROVIDED BY EventBooking.
a. Customer assumes full responsibility and risk for use of the Service and the internet by Customer and Customer’s authorized users. The Service is provided on an ‘as is’ and ‘as available’ basis. EnGarde does not warrant that the Service will be uninterrupted or error-free. EnGarde makes no express or implied warranties, representations or endorsements including, but not limited to, warranties of title, non-infringement or implied warranties of merchantability or fitness for a particular purpose regarding the service, DELIVERABLES, as defined in section 11, any merchandise, information or service provided through EnGardeg’s WEBSITE, or on the internet generally. No advice or information given by EnGarde, its employees, affiliates or contractors shall create a warranty.
b. EnGarde shall not be liable to Customer or any other person for any special, incidental, lost profits, exemplary, punitive or consequential damages in connection with the Services or Deliverables, including, without limitation, loss of profit or revenues, loss of use, loss of data, incorrect or corrupted data, cost of capital, cost of substitute goods, facilities, services or replacement power, downtime cost, or claims of Customer for such damages, even if EnGarde knew of or should have known of the possibility of such damages. Without limiting the foregoing or any other limitation of liability in this Agreement, regardless of the form of action, whether for breach of contract, warranty, negligence, tort, strict liability in tort or otherwise, Customer’s exclusive remedy and the total liability of EnGarde arising in any way in connection with this Agreement or use of the Services or Deliverables, for any cause whatsoever, is limited to payment by EnGarde of damages in an amount equal to the amount charged to Customer for the Services or Deliverables provided under this Agreement in the three months preceding the cause of action. EnGarde shall have no liability whatsoever to Customer for any claims of patent, copyright, or other intellectual property right infringement or misappropriation of trade secrets, made against customer incident to the use of the Services.
7. REMEDIES OF CUSTOMER.
If Customer is dissatisfied with the Service or any of EnGarde’s terms, conditions, rules, policies, guidelines, or practices, Customer’s sole and exclusive remedy is to terminate this Agreement according to Section 10.
Customer agrees to defend, indemnify, and hold EnGarde, its employees and its affiliates harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or arising from: any violation of this Agreement by Customer or those who access the Service through Customer’s account and the use of the Service or the internet and the placement or transmission of any message, information, software, or other materials on the internet by Customer or by those who have access to the Service through Customer’s account.
9. TERMS OF AGREEMENT.
This Agreement is effective from the earlier of (i) Customer’s acceptance of the Agreement, which is indicated by clicking the ‘Yes’ button or similar button, (ii) the initial use of the Service through the Customer account, or (iii) the effective date specified in the service order Customer received when signing up for the Service. This Agreement continues until either party gives the other party notice of termination as provided in this Agreement.
10. TERMINATION OF AGREEMENT.
a. Either party may terminate this Agreement if the other party commits a material breach of this Agreement that is not cured within 30 days after written notice thereof from the non-breaching party; provided that the cure period for a payment default will be 20 days after written notice thereof. Customer will receive a written confirmation of cancellation through Lithuanian or U.S. mail unless notice of cancellation is provided via the EnGarde electronic website or e-mail. Charges to Customer’s account will stop accruing the day of receipt of notice of cancellation by EnGarde. EnGarde will not issue refunds for any fees paid in advance, unless otherwise agreed to in advance, in writing, with the Customer.
b. Upon termination of this Agreement, all rights granted to Customer and Customer’s authorized users under this Agreement shall immediately cease and terminate.
c. Termination of this Agreement does not release Customer from the obligation to pay all accrued charges under this Agreement.
d. EnGarde’s right to enforce the provisions of Sections 3, 5, 6, 7, 8, 10, 11, and 12 survive termination of this Agreement.
a. In order to change or cancel his/her/its EnGarde account, Customer must use the following means only:
i. First-class registered or certified mail, return receipt requested addressed to EnGarde, Bajorų kel. 23, LT-08467, Vilniaus raj. Vilniaus m. Lietuva
ii. By calling+370 XXX XXX XXXX and speaking with a Customer Representative.
iii. By email to [email protected]
b. EnGarde may provide notice to Customer by the following methods: First-class registered or certified mail, return receipt requested First-class registered or certified mail, Electronic mail (e-mail) addressed to Customer’s e-mail account; general posting to the website that Customer logs into; or by Lithuanian Mail or courier service at the address Customer provided EnGarde when Customer registered for the Service. All notices or other communications to Customer shall be deemed effective on the first (1st) calendar day following the date of electronic mailing or posting or on the fourth (4th) calendar day following the date of first-class mailing or deposit with a commercial courier service.
12. PROFESSIONAL SERVICES.
a. Additional Work. Customer may request custom deliverables (“Deliverables”) from EnGarde from time to time. The Deliverables and EnGarde’s work on the Deliverables is subject to all the terms and conditions of this Agreement.
b. Ownership; License. EnGarde retains all right, title and interest in the Deliverables. EnGarde agrees to provide Customer access to the Deliverables under the terms and conditions of this Agreement, as modified by a writing related to the Deliverables, if applicable. The definition of Services in this Agreement includes the services provided by the Deliverables.
If the Customer uploads the personal information of European Union citizens onto the EnGarde servers as a part of the Services, then this Section applies to such Customer. This Section complies with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (“GDPR”). Customer agrees that EnGarde can store contact information for individuals and companies on behalf of Customer for the purpose of allowing the Customer to use the contact information for the Customer’s business purposes for as long as the Customer has an Agreement with EnGarde. EnGarde may use another processor (“subprocessor”) to store information provided by the Customer.
a. EnGarde shall process the personal data only on documented instructions from Customer as set out in this Agreement, including with regard to transfers of personal data to a third country or an international organization, unless required to do so by Union or Member State law to which EnGarde is subject; in such a case, EnGarde shall inform the Customer of that legal requirement before processing, unless that law prohibits such information on important grounds of public interest;
b. EnGarde shall ensure that persons authorized to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;
c. EnGarde shall implement appropriate technical and organizational measures to safeguard personal data, which shall meet the requirements of the GDPR (Article 32). EnGarde may update or modify these measures from time to time provided that such updates or modifications do not result in any material degradation of the security of personal data.
d. EnGarde is permitted to appoint a subprocessor to process personal data provided that:
i. EnGarde enters into a written contract with the subprocessor on the same terms as those set out in this Agreement;
ii. EnGarde shall inform Customer of any intended changes concerning the addition or replacement of any subprocessor and give Customer the opportunity to object to such changes; and
iii. where a subprocessor fails to fulfil its data protection obligations, EnGarde shall remain fully liable to Customer for the performance of the subprocessor’s obligations.
e. Taking into account the nature of the processing, EnGarde shall provide commercially reasonable assistance to Customer by appropriate technical and organizational measures, insofar as this is possible, for the fulfilment of Customer’s obligation to respond to a request from a data subject to exercise the data subject’s right of access, right to rectification, restriction of processing, erasure, data portability, object to the processing or his/her rights not to be subject to an automated individual decision making. To the extent legally permitted, Customer shall be responsible for any costs arising from EnGarde’s provision of such assistance.
f. EnGarde shall assist the Customer in complying with the obligations of Articles 32 and 36 of the GDPR, taking into account the nature of processing and the information available to EnGarde.
g. At the choice of Customer, EnGarde shall delete or return all personal data to Customer after the end of the provision of Services relating to personal data, and delete existing copies of personal data unless the Union or Member State law requires storage of personal data by EnGarde.
h. Upon Customer’s written request, EnGarde shall make available to Customer the information necessary to demonstrate compliance with the obligations set out in the GDPR and allow for and contribute to audits, including inspections, conducted by the Customer or another auditor mandated by the Customer. Customer agrees to give EnGarde reasonable notice prior to any audit and minimize any disruption to EnGarde’s business. Customer agrees to pay all costs associated with such audit. Customer agrees to provide EnGarde with the results of the audit.
i. EnGarde shall immediately inform Customer if, in EnGarde’s opinion, an instruction infringes the GDPR or other Union or Member State data protection provisions.
a. EnGarde’s failure to enforce strict performance of any provision of this Agreement shall not be construed as a waiver.
b. This Agreement shall be governed by and construed in accordance with the laws of the European and United States of America, without regard to its conflicts of law provisions. Customer consents and agrees that the jurisdiction and the exclusive and sole venue are the federal and state courts having jurisdiction for Vilnius municipality, Vilnius with respect to all disputes arising out of or in connection with this Agreement, Customer’s use of the Service or otherwise between Customer and EnGarde. Any cause of action Customer may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
c. Neither this Agreement, nor any of Customer’s rights or obligations arising hereunder, shall be transferable or assignable by Customer to any third party without EnGarde’s prior written consent. EnGarde has the right to assign this Agreement, in whole or in part, or to subcontract its obligations under this Agreement, in whole or in part, without notice to you and upon such assignment, EnGarde shall be released from all liability hereunder. Any assignment in violation of this Section is null and void.
d. This Agreement and the Acceptable Use Policy constitute the entire agreement between Customer and EnGarde with respect to the Service.
e. No amendment or modification to this Agreement by Customer shall be valid or binding on EnGarde unless made in writing and signed by an authorized representative of EnGarde.
Updated May, 3. 2020 – EnGarde