General Terms and conditions for the use of tixPRO by Attendees
In the following, you will find the general terms and conditions for the use of tixPRO by attendees.
By purchasing a ticket on one of the websites provided by tixPRO (“tixPRO”), you (“attendee”) accept the following “General Terms and Conditions for the use of tixPRO by Attendee” (“terms”). tixPRO offers private and professional organizers (“organizer”) a web-based solution to organize events, meetings, conferences, virtual or similar events (“events”). Organizers can also register attendees, sell tickets, and allow invoicing over tixPRO for these events. tixPRO provides its services under various top-level domains as well as under various sub domains and aliases of these domains (“tixPRO web sites”). These terms shall govern the contractual relationship between the attendee, the organizer, and tixPRO, irrespective of which tixPRO web sites the attendee uses. Only persons of age may use the services of tixPRO.
1. Contracting parties, involvement of GTC for organizers
1.1. By purchasing a ticket or registering for an event on the tixPRO web sites, a sales contract is created solely between the relevant attendee and the relevant organizer regarding attendance at an event. tixPRO itself is not the organizer, but rather handles the processing of ticket sales on the behalf of the organizer. tixPRO is therefore not liable for organizer insolvency or for the failure of an event.
1.2 It is possible that the organizer's own general terms and conditions may also apply for carrying out the event. tixPRO has no influence over this. It is the duty of the attendee to inform himself about possible existing terms of the organizer before purchasing tickets.
1.3. The attendee assures that they are of age at the time of registration, considering they are a natural or legal person.
2. Subject matter and conclusion of the contract
2.1. Information about events, amount of available tickets, ticket price and possible payment methods is only subject to guidelines specified by the organizer upon the posting of his event on the tixPRO web sites. tixPRO has no influence regarding this information. It is the organizer’s duty to verify this information.
2.2. The organizer, with the provided information in clause 2.1, provides an offer for the conclusion of the purchase contract. By clicking the button “Buy Now”, the attendee accepts the offer for the conclusion of the purchase contract. In order to accept the offer, the attendee is required to have filled out all the necessary fields (marked with a “*”) and to have accepted these general terms and conditions. The attendee will receive a confirmation email immediately after the order and/or payment regarding the conclusion of the purchase contract. The attendee is required to inform tixPRO if they do not receive this confirmation email on time.
2.3. tixPRO has the right to cancel the purchase contract (ex parte right of withdrawal) if the attendee has violated conditions of the pre sale, which have been stated by the organizer or tixPRO. The declaration of withdrawal can also be provided implied by refunding the paid amounts.
3. Total price and payment arrangements
3.1. The total price for a ticket may exceed the stated ticket price. It will be displayed in the purchase process whether taxes are included or not. Notwithstanding the agreement between tixPRO and the organizer, the transaction fees for the ticket purchase will be added to the ticket price and displayed separately in the shopping cart at the time of order.
3.2. The total price of the tickets including all fees is immediately due for payment upon receipt of the confirmation email.
3.3. The payment of the total price of the tickets is immediately due after the agreement is entered into. In case of payment via direct debit with insufficient credit bank balance, the attendee must indemnify tixPRO from all costs. The attendee will be required to pay at least $40.00 CA for compensation. The attendee can however verify that tixPRO sustained minor or no damages.
4. Ticket shipment, loss, and complaints
4.1. Immediately after receipt of payment or after ordering (only for purchase on account), tixPRO shall send the ticket(s) to the attendee’s address specified at the time of order (either through SMS, e-mail address or postal address), except when otherwise stipulated (e.g. tickets will be held at the venue).
4.2. An incorrect ticket will be exchanged by tixPRO for a new ticket upon return of the incorrect ticket. It is the duty of the attendee to check the tickets after receipt and to organize a new and correct ticket if necessary.
4.3. Attendees can re-request electronic tickets at any time. They can also be obtained in the “My Account” section, provided that the attendee has a user account on the tixPRO web sites.
4.4. Tickets sent by mail that the attendee never received will only be resent if the attendee assures that the tickets were never received. tixPRO will provide a form for this assurance upon request.
4.5. Tickets sent by mail that become lost or damaged will not be replaced.
5. Refund of tickets, refund of purchase price
5.1. In case of event cancellation or postponement, the attendee has the right to return a purchased ticket according to legal guidelines as well as according to the agreements made between the attendee and the organizer.
5.2. If the attendee is entitled to a ticket refund, tixPRO will reimburse the paid amount for the ticket within 15 days after receipt of the returned tickets according to the agreement with the organizer if tixPRO has not already transferred the ticket revenues to the organizer
6. Information regarding the right of revocation
The responsibility about the instruction of the right of revocation lies with the organizer, since this is the contract partner of the attendee with regards to the ticket purchase. Subject to change, the attendee is only entitled to the right of revocation in Quebec if the following conditions are met.
- (i.) the event for which the ticket is purchased takes place at a specific time or within a specified timeframe and does not serve the leisure activities of the attendees,
- (ii.) the attendee purchases the ticket as a consumer,
- (iii.) the organizer organizes the event for the purposes of their commercial or occupational activity
7. Liability and guarantee
7.1. tixPRO is liable without limitation for any injury of life, body or health, based on a violation of duty or a breach of warranty by tixPRO, its legal agents or its vicarious agents.
7.2. tixPRO is further liable without limitation for any injury caused by tixPRO, its legal agents or its vicarious agents by intention or gross negligence, as well as for injuries caused by the absence of conditions guaranteed by tixPRO.
7.3. In case of breach of essential contractual duties with minor negligence, tixPRO’s liability shall be limited to typical and foreseeable damages. Essential contractual duties shall be duties that must be fulfilled in order to enter into a contractual relationship.
7.4. The liability of tixPRO according to the Canadian Product Liability Act shall not be affected.
7.5. Any further liability shall be excluded, in particular liability regardless of negligence or fault. tixPRO and its vicarious agents are not liable for any failures, regardless of type, caused by external events. These external events include, but are not limited to: blackout or failure of telecommunication system, blackout or failure of power.
7.6. The statute of limitation for claims against tixPRO shall be one year.
8. Protection of privacy
By accepting these general terms and conditions the user also declares the following:
I ALLOW MY PERSONAL ATTENDEE INFORMATION (FOR EXAMPLE NAME AND COMPANY) TO BE PUBLICLY ACCESSIBLE AND DISPLAYED ON THE ATTENDEE LIST FOR THE EVENT TO EVERYONE. I CAN HIDE THIS INFORMATION AFTER ORDERING OR REVOKE THIS APPROVAL AT ANY TIME BY WRITING AN EMAIL TO tixPRO.
9. Final Provisions
9.1. Unless otherwise stated in these terms, the attendee may submit all notices to tixPRO by email using the contact form provided on each of the tixPRO web sites, or by letter or fax. tixPRO may send notices to the attendee by email to the address provided by the attendee at the time of order.
9.2. For all ticket sales on the tixPRO web sites, only these terms shall apply between tixPRO and the attendee. The attendee’s own terms and conditions shall not apply.
9.3. Should any provision of these terms and conditions be or become invalid, the validity of the remaining provisions shall not be affected. The contracting parties are required to replace an invalid provision with a valid provision which in its regulatory content matches the intention and purpose of the invalid provision as closely as possible. This applies to contractual loopholes.
9.4. The place of performance and the place of jurisdiction – insofar as legally admissible – shall be Montreal, Quebec, Canada.
Copyright © 2018 tixPRO.com