Last Updated: July 16, 2011
THIS PURCHASING AGREEMENT ("Agreement") is made by and between Xorbia Ticket Technologies, Inc., a GOrganizerriga corporation, headquartered at 130 Krog Street, Atlanta, GA 30307 ("Company," "Xorbia Tickets," "We," "Us," or "Our"), and you, a person, organization or other entity ("You," "Your, " "Purchaser," "Buyer," or "Holder"). Xorbia Tickets is in the business of providing reservations, tickets, memberships, certificates, admissions, and/or confirmations that allow Your attendance at, access to, or participation in, events, venues and other activities (each, an "Event"). Each ticket that You purchase is a limited license to attend a particular Event, and is subject to the additional terms and/or restrictions that may be set forth on that ticket. The parties, intending to be legally bound, hereby agree as follows:
Xorbia Tickets provides the following services:
- Displaying and listing Events as submitted by the Event organizer, promoter, producer, presenter, or manager (collectively "Organizer")
- Accepting and processing Your on-line orders for tickets to the Event that You wish to attend.
- Providing You with a confirmation number for Your transaction. For some Events, the Organizer has authorized Us to accept and process Your payment for Your ticket purchase.
Pricing and Availability:
The Organizer, in its sole discretion, determines factors such as ticket pricing, availability, availability of individual refunds where an event has not been canceled, and seating locations. Tickets may be sold exclusively through Us or in combination with other inventories from companies not associated with Us. Xorbia Tickets exerts no control or authority over the Organizer, ticket prices, availability, seating locations, individual refunds, or any other companies which may be selling tickets to the Events listed on Our website..
Xorbia Tickets Payment and Service Charges:
When you pay for tickets through Xorbia Tickets, we accept several methods of payment, including but not limited to: Visa, MasterCard, Discover, American Express and such other payment methods as are permitted by an Organizer. Any tickets purchased on Our website applications are subject to a per-ticket service charge, as shown prior to the time of Your ticket purchase, and, when You pay for Your tickets through Xorbia Tickets, We charge a payment processing fee and, if applicable, a refund processing fee, both of which are generally ____% of the discounted face value of the tickets (such per-ticket service charge, payment processing and refund fees collectively, "Fees"). Any refund of Fees is the sole responsibility of the Organizer.
You will be limited to a certain number of tickets for each Event. The Event listing will contain the maximum number of tickets available to each purchaser, and this number will be verified for each transaction. This policy is intended to discourage other purchasers from engaging in unfair trade practices. If We learn that You are purchasing more than the pre-determined number of tickets for an Event and engaging in practices that We, in Our sole discretion, determine to be unfair, We will terminate Your account and cancel Your ticket purchase without prior notice to You.
No Refunds or Exchanges for Event Restrictions or Lost or Stolen Tickets:
Before purchasing Your tickets, it is Your responsibility to carefully review all aspects of the Event, Event restrictions, if any (see the paragraph titled "Event Restrictions" for more information), dates, pricing, charges, and seat selection. Except as specifically stated in the paragraph titled "Canceled or Rescheduled Events," We will NOT issue any refunds or exchanges because You failed to review this information and We will not issue any refunds for any lost, stolen, destroyed, or damaged tickets, or as under any other circumstances except in the limited cases explicitly described in this Agreement. As previously stated, even if a refund is issued by Xorbia Tickets, Our Fees will be deducted from the refund amount.
If the Event offers electronic ticket delivery, You will be able to print Your tickets after Your order is processed. These tickets contain a unique barcode/QR code that corresponds to Your order and must be brought with You to the Event. Some Events will also have SMS ticketing which delivers your ticket via SMS message in the form a QR code that can be validated at the gate for entry. Other Events will allow You to be admitted directly. All of this information will be displayed on the Event listing, so please read and review the Event listing carefully.
You understand that You must bring printed tickets and/or the confirmation information with You to the Event. Additionally, while not all Events require identification, on some occasions, government-issued identification will be required by the Organizer. For this reason, We recommend that You bring a valid and current government-issued photo identification ("ID") with You to the Event. When arriving at an Event, there will only be one entry per ticket. If there are multiple parties attempting to enter using the same ticket, only the first party that arrived with the ticket will be admitted.
Some Events listed on Our website may have certain restrictions. For example, some Events will only admit people over twenty-one (21) years of age or must have a certain affiliation, such as being a student at a particular educational institution. It is Your responsibility to determine if a particular Event restriction applies to You (and Your party, if applicable) and to fulfill all criteria in order to gain admittance. No refunds will be given if You are declined entry to an Event due to a restriction.
Cancelled or Rescheduled Events:
Occasionally, an Event is cancelled or postponed by the Organizer due to weather or other unforeseen circumstances. In certain instances, We may also cancel an Event due to problems with the Organizer or the Event listing. If an Event is cancelled, We may post a notice of cancellation on Our Website under the Event listing promptly after We receive notice of the cancellation or otherwise attempt to notify You. If this happens, and if You have paid Xorbia Tickets directly for Your ticket, We will issue a refund as quickly as possible after We have notice of the cancellation. If You learn that an Event is cancelled, moved, or rescheduled, please contact Us at Our customer support address set forth below for information on receiving a refund. Please include Your name, the Event, and Your confirmation number. PLEASE NOTE THAT, AS STATED ABOVE, IF YOU HAVE PAID THE ORGANIZER FOR YOUR TICKET (AND NOT XORBIA TICKETS), XORBIA TICKETS HAS NO RESPONSIBILITY OR LIABILITY FOR, OR CONTROL OVER, THE ISSUANCE OF ANY REFUND.
Where you have paid for Your ticket through Xorbia Tickets, any refunds issued to You will be provided only after Our receipt of payment of the refunded amount from the Organizer. Any refund issued by Xorbia Tickets will be applied to the credit or debit card or other payment account You used to purchase Your ticket; Xorbia Tickets shall not be responsible if you fail to receive Your refund because your account information on file with Xorbia Tickets is no longer valid or up-to-date. Any refunds of Xorbia Tickets's Fees are the sole responsibility of the Organizer and will not be included in a refund from Us unless the Organizer has previously reimbursed Xorbia Tickets for the refund of the applicable Fees. Xorbia Tickets does not assume responsibility to make refunds to any person other than the person who ordered the tickets as shown by Our records, regardless of whether or not the tickets purchased by You have been transferred in accordance with this Agreement.
If an Organizer permits it, Tickets purchased by You may be transferred to other parties. If you are purchasing tickets for Yourself and on behalf of other parties, You, as the primary ticket holder, may resell or transfer these tickets to the other parties. When arriving at an event, there will only be one entry provided per ticket. If there are multiple parties attempting to enter using the same ticket, only the first party that arrived with the ticket will be admitted. It is Your sole responsibility to comply with any applicable federal, state, or local laws that relate to the resale, transfer, or other disposition of tickets. You are solely responsible, as well, for ensuring that any transferees of Your tickets are eligible to attend the Event and comply with any applicable restrictions for the Event (e.g., age restrictions). Neither this Agreement nor the TOS is intended to create any third-party beneficiary rights for transferees of tickets, and You agree to indemnify, defend and hold Xorbia Tickets, its affiliates, and its and their employees and customers harmless from and against any and all claims, suits, complaints, actions, demands, proceedings, damages, losses, liabilities, costs and expenses incurred, suffered, brought, claimed, made or alleged by or on behalf of any transferees of tickets, as well as any and all attorneys' fees and other costs or expenses incurred by Xorbia Tickets or any of the other indemnified parties in connection therewith. For tickets for Events sold by Xorbia Tickets, tickets purchased from any party other than Xorbia Tickets carry a great risk of being fraudulent.
Limitation of Liability:
You understand and acknowledge that Xorbia Tickets is a provider of ticketing services only, is not an organizer or other promoter of any event listed on our website, and has no responsibility for or control over the conduct of the event (or the operation, management or condition of the venue in which the event is held). You assume all risks, losses and liabilities incidental or related to the event for which a ticket is issued, whether before, during or after such event, and you waive any claims for personal injury, death, property loss or any other damage against Xorbia Tickets arising out of or in any way relating to such event.
Organizers reserve the right, without refund of any amount paid, to refuse admission to, or eject, any person whose conduct is deemed disorderly, who uses vulgar or abusive language or who fails to comply with the Organizers rules, including any requirement that persons not record or transmit any picture or reproduction of the Event. You and Your belongings may be searched on entry to an Event. Breach of terms or rules will terminate Your license to attend the Event without refund. A ticket is a revocable license and admission may be refused upon refunding the ticket's face amount. A ticket is not redeemable for cash.
Xorbia Tickets and You are and shall be independent contractors and neither party by virtue of this Agreement shall have any right, power, or authority to act or create any obligation, express or implied, on behalf of the other.
If there are any questions regarding this purchasing agreement You may contact us using the information below.
http://www.xorbia.com 454 Irwin Street, NE, Ste. 204 Atlanta, GA 30312 USA firstname.lastname@example.org