This User Agreement governs:
- the terms and conditions of sale of Electronic Tickets by Event Organizers on the Website Afisha.knopka.ca;
- relations arising in this regard between an Event Organizer and a user of the Website (hereinafter referred to as "You" or the "Client"); and
- the interaction between the Company and the Client with respect to the sale of Electronic Tickets by an Event Organizer to the Client.
- Key Terms and Definitions:
"Company" means Bileter, a technical company that manages and maintains the Website and is authorized to provide technical support of the Website for an Event Organizer to sell Electronic Tickets through it.
"Client" means an adult individual or legal entity who uses the Company's Website to purchase Electronic Tickets for an Event.
"Event" means any concert, performance, or sport and other mass cultural event that can be attended upon presenting an Electronic Ticket or Order.
"Registration" means successful completion by the Client of the registration form that allows to create its Account on the Website necessary to purchase an Electronic Ticket.
"Account" means data about the Client that includes information provided by the Client and the Website's internal information about the Client.
"Website" means the website via which an Event Organizer sells Electronic Tickets, in particular Afisha.knopka.ca
"Electronic Ticket" means a document that is generated using an automated system and contains information about the title, date, time, and place of an Event, Event Organizer, Order number, first and last name as indicated by the Client, and a unique bar code certifying the Client's right to attend the Event. Electronic Tickets are deemed to be an Event Organizer's property and are sold on its behalf.
"Order" means one or more Electronic Tickets selected by the Client from those offered on the Website.
"Technical Booking" means a short-term period during which a placed Order has the status "Awaiting payment by the Client".
"Service Charge" means amounts additionally charged to each Client and directly related to the sale of Electronic Tickets via the Website.
- General Provisions
An Event Organizer provides the services with respect to booking, issuing, and selling Electronic Tickets for Events to the Client (the "Services") under the terms hereof. The Services are provided to You for personal use that excludes resale to third parties. Whereas we technically ensure the operation of the Website for an Event Organizer and are not liable to You for an Event Organizer's actions.
The Company may, at its own discretion, without the Client's consent, modify the Website, including the Website's design, in any manner and suspend access to the Website for the period of the Website maintenance carried out by the Company.
An Event Organizer has the right not to provide the Services to the Website visitors without their Registration.
This Agreement becomes effective as soon as it is published on the Website and remains in effect for an indefinite period.
By taking any actions to use the Website (including its viewing, information search, and use of the Services) (the "Website Use"), You acknowledge Your having read in full, accepted completely and without reservations the terms of, and agreed to comply with, this Agreement and the Confidentiality Policy. This Agreement is deemed executed as of that time. Should You not agree with the terms hereof, You must immediately terminate the Website Use; otherwise, the Company and Event Organizers are not liable for the consequences of such use.
This Agreement has the effect of an agreement made in writing. The Confidentiality Policy forms an integral part hereof.
- Obligations of an Event Organizer
An Event Organizer must:
- provide the Client with Electronic Tickets for Events after the Client's Registration and payment by the Client for an Electronic Ticket, including the Service Charge and other applicable charges; and
- inform the Client of an Event, namely of the date, time, and place of an Event, Event Organizer, transfer of an Event to another date or time or cancellation of an Event, and price of an Electronic Ticket, and communicate other information as an Event Organizer may deem necessary by posting it on the Website.
An Event Organizer is not liable where an Event is not up to the Client's individual expectations.
- Service Terms
Payment is effected under the rules laid down herein.
You are responsible for printing out an Electronic Ticket at Your own cost. You must make sure that the print quality is high enough and that all information appearing on a Ticket is legible because a poorly scanned or printed Electronic Ticket may be a reason to deny the Client access to an Event.
You bear sole responsibility for safety of an Electronic Ticket and for its protection against copying.
The Company/Event Organizer/Client agrees that a person who is the first to present a Ticket for an Event is its owner, and the Client is not entitled to making any claims; the Company may not be held liable where a third party enters an Event using the Client's Ticket.
- Rights and Obligations of the Client
The Client warrants that it is not subject to any restrictions on the Website Use under the applicable law by reason of its age or other circumstances.
The Client undertakes not to use the Website for commercial purposes without the prior written consent of the Company. All content of the Website is protected under the laws of Canada. The Company holds the exclusive right to use the Website content (including the right to select, position, systematize, and convert the data contained on the Website and the source data).
The Client must not use the results of intellectual activities available on the Website (including, without limitation, images, texts, program code, articles, notes, or photographic and video materials) without the prior written consent of the Company (or of an Event Organizer, where it is the holder of rights to the materials). The Client may not alter, publish, communicate to third parties, participate in the sale or assignment of, create products derivative from, or otherwise use, in whole or in part, the Website content.
- Purchase of Tickets
You pay for an Order and/or Electronic Ticket before its sale using Your bank card or by another method offered on the Website, in a timely manner and in full, including the Service Charge and other necessary charges.
After paying for an Order, a Client may personally receive a Ticket one hour before an Event at the ticket office installed on the site of the Event or have it delivered via Canada Post (for a fee) or print out the Electronic Ticket by itself or save the Electronic Ticket to the memory of the Client's own technical device, provided that such device is capable of demonstrating the document for it to be checked (scanned) by the access control system on the site of the Event.
Payment is deemed made when the payment system confirms the successful completion of the transaction. You may refuse to place an Order and/or purchase an Electronic Ticket before making payment; in this case, all our obligations to You terminate.
An Event Organizer may refuse to sell an Electronic Ticket to the Client or accept an Order if the Client fails to comply with the terms hereof.
An Event Organizer may unilaterally set and change its Service rates and include the Service Charge and, if considered appropriate by the Company, other charges in the cost of an Electronic Ticket.
The Client may purchase no more than six (6) Electronic Tickets in a single Order. An Event Organizer may, at its own discretion, further reduce or increase the number of Electronic Tickets available for purchase by one Client.
An Event Organizer may change the terms of sale of Electronic Tickets without the Client's consent.
- Return and Exchange of Tickets
If an Event is canceled, replaced, or transferred to another date or time, the Organizers will notify the Website, and such notice will be published on the Website. A refund to Your credit cards will be initiated; however, it is Your responsibility to take care of the refund for a purchased Electronic Ticket(s).
If an Event is canceled, the total cost of a Ticket, including the Service Charges, will be refunded to the Client.
If the date of an Event changes, Your Ticket will be valid for a new date. If the new date is not acceptable for You, You are entitled to a full refund, including the Service Charges.
Where an Event Organizer fails to specify its own terms or restrictions applicable to the Ticket return, You may return an Electronic Ticket and/or Order to the Event Organizer before the beginning of the Event and receive a refund from the Event Organizer subject to the following conditions:
You may return/cancel a Ticket within 72 hours after the purchase, provided that an Event begins at least in seven calendar days.
An Event Organizer repays the face value of a Ticket, less any costs actually incurred by the Event Organizer (including the Service Charge, courier delivery costs, costs of using the Company's System, etc.).
Where a Ticket is returned six or less days before the beginning of an Event, no refund is payable.
Event Organizers may stipulate their own terms applicable to the Ticket return.
Event Organizers' terms and procedures governing the return of an Electronic Ticket for an Event are binding on the Client.
- Return and Exchange of Unused Tickets
To exchange an Electronic Ticket(s) or receive a refund for an unused Electronic Ticket(s), call the Company's phone number (as indicated on www.Bileter.ca) or contact Us using the online form.
An Event Organizer may introduce any further terms and procedures governing the return of an Electronic Ticket for an Event in its rules that are binding on the Client.
- Order Cancellation
The Company reserves the right to cancel an Order paid for online by bank card and pay a refund to the Client's bank card without giving any reasons.
If the Client purchases a Ticket for a false published price or before the official sale start date, the Website may cancel such Order and repay the total amount to the Client.
An Order may be canceled at the Website's initiative. Bileter.ca cancels an Order if the circumstances existing at the time the Client has made that Order have materially changed and it has become impossible to fulfill the Order.
If it has become impossible to fulfill an Order for reasons beyond the control of the Website (such as impossibility to deliver by courier, change of rules and procedures, end of sale upon request of an Organizer and/or other authorized partners, closing of ticket offices/Order issue points, and other circumstances preventing an Order from being delivered in the agreed manner, including loss of an Order during the delivery, absence of ordered Tickets due to any defect, error, duplication of places, or the like, failure of automated Order record-keeping and processing systems, etc.), the Website must immediately notify the Client by sending an electronic communication to the email address specified at the time of making the Order.
Bileter.ca may cancel an Order if it suspects that the Client's data has been unlawfully used by third parties, including for paying for an Order. The Website may cancel Orders also in other justified cases.
If a paid Order is canceled, the amount of the canceled Order is repaid to the Client. If an Order is paid by bank card, the refund is transferred to the bank card used to pay for the Order. A refund following an Order cancellation is made within a period as determined by the Client's bank.
- Client Information/ Confidentiality Policy
The Company takes measures within its control, pursuant to the Confidentiality Policy, to ensure confidentiality of the Client's data provided by it at the time of the Registration.
You consent to the processing of Your data provided during the Website Use, including to the collection, storage, use, and disclosure of such data to third parties under the terms of the Confidentiality Policy.
By using the Website, You also consent to the use of contact information (in particular, phone number and email address) that You provide in using the Website or that is identified automatically (through caller identification, email, and by other means) for the Company to send its advertising information containing news, promotions, and offers available on the Website. An Event Organizer and the Company may inform You of the Website's new functionality by email that You have specified at the time of the Registration.
By purchasing Electronic Tickets using the Bileter System, You consent to receiving emails that the Website may send the Client in the case of an Event cancellation after a purchase is made, as well as to receiving messages (SMS) to the phone number You have specified.
- Accuracy of Client Information
You bear sole responsibility for the accuracy of Your personal details You provide at the time of making an Order and/or purchasing an Electronic Ticket. If You incur any losses as a result of any errors and ambiguities in Your personal details (including email address) You provide at the time of the Registration and making an Order and/or purchasing an Electronic Ticket, an Event Organizer and the Company are not liable for those losses.
- Liability of an Event Organizer
All the Website Services are provided free of charge and "as is". You may not require any alterations of the Website Services or data. The Company and an Event Organizer are not liable for any damage, including moral damage, You may incur in connection with the Website Use.
The Website content is provided only for information purposes. We are not liable for any data inaccuracy, losses that may result from using the information available on the Website, and for third party information, including information provided or posted by an Event Organizer.
We are not liable for an Event Organizer's actions and for organizing and conducting an Event.
- Website Malfunctioning and Technical Failures
Unfortunately, technical errors and failures may occur in the operation of the Website; in this regard, You acknowledge that the Company, though ensuring the operation of the Website, is not responsible for its trouble-free operation and any inconveniences and losses arising in the course of the Website Use. The Company and an Event Organizer are also not financially liable for any consequences of the Website's operation, for the operating capacity of Your technical devices while You use them, and for the Website's fitness for your purposes.
The Company and an Event Organizer are not liable for their failure to perform or properly perform their obligations caused by any failures in telecommunications and power networks or by malware and bad-faith actions of third parties aimed at gaining unauthorized access and/or disabling the Company's software and/or hardware.
The Company/Event Organizer/Client is not liable for its failure to perform its obligations hereunder in whole or in part if such failure is caused by any force majeure events, failures of the internet, the Client's network and carriers, and any networks and communication channels outside of the Company's area of responsibility, actions of third parties who have obtained unauthorized access to resources, and actions of a person who ensures processing of electronic payments.
Since the Website is developed and updated on an ongoing basis, the form and nature of the Website's functionality may change from time to time without prior notice given to the Client. The Website may, if necessary and at its own discretion, suspend or terminate the Services (or any specific functions being part of the Services) for all or individual Clients without giving prior notice.
- Inquiries, Requests, and Comments
Please use the details specified on an Event Organizer's webpage and/or an Event's webpage and/or an Electronic Ticket to send Your inquiries, suggestions, comments, complaints, and other communications with respect to purchasing Electronic Tickets for Events.
Please note that We will not consider any communications addressed to an Event Organizer and/or the Company if they do not allow to identify the Client and fail to specify its contact information.
Any comments may be deleted on request of Event Organizers or Clients only upon provision of evidence confirming that a comment is untrue or contravenes the applicable law.
The Company deletes comments on requests of competent authorities made under procedures provided by law. The Company may delete any comments and any other information from the Website at any time, at its own initiative.
The Company and an Event Organizer do not guarantee that information contained in Clients' comments is accurate.
Phone conversations between the Client and the Company's employees or an Event Organizer may be recorded by the Company and/or Event Organizer in order to improve the quality of the Services provided.
You are responsible for monitoring amendments to this Agreement and the Confidentiality Policy and must apply the version published as of the time You take any actions related to the performance hereof.
If You are in breach or default of this Agreement, an Event Organizer may terminate this Agreement without giving notice to You.
The effective version hereof is available at bileter.ru/agreement
All disputes arising out of or in connection with this Agreement must be referred to the competent court at the seat of the Company, pursuant to the applicable Canadian procedural law.
- Details of the Company
Name: Media Plus Soltions Inc
Address: 10520 Yonge Street, Unit 35B, Suite 225, Richmond Hill, Ontario, Canada, L4C3C7
Email: [email protected]