Terms And Conditions
- USER AGREEMENT
1.1 TiqAssist Inc (“TiqAssist“, “we“, “us“, or “our“) provides an online platform and related services (“Services”) for sellers to sell tickets and buyers to buy tickets, related passes or other related terms for events (“Tickets”) and we may make such Services available via one or more of our website, our phoneline and/or associated methods (collectively, the “Site”). By accessing or using our Site, you agree to be bound by this TiqAssist user agreement (“User Agreement”). This User Agreement shall govern your use of our Site, including all pages within this Site. Our User Privacy Notice is incorporated by reference into this User Agreement. We may periodically make changes to this User Agreement and shall notify you by posting a revised version on our Site, emailing you at your registered email address and/or otherwise notifying you via our Site. The revised User Agreement will become effective thirty (30) days following such notice and your continued use of our Site and Services will constitute acceptance of the revised User Agreement.
1.2 This Site is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Site if you are a minor.
1.3 PLEASE BE ADVISED: CLAUSE 14 OF THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE, WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, UNLESS YOU OPT-OUT. UNLESS YOU OPT OUT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
- CONTRACTING ENTITY
If you sell Tickets to us you are contracting with TiqAssist Inc, 645 W 9th Street 110-187, Los Angeles, CA 90015.
- TIQASSIST TRANSFERS
3.1 TiqAssist is a ticketing service that allows users to sell (“Seller”, “you”) Tickets (a “TiqAssist Transfer”). The Payment shall be determined by the amount TiqAssist sells the tickets for (“Market Price”). The Payment shall be equal to [(1- Commission) * (Market Price).
3.2 Seller initiates the TiqAssist Transfer by completing each of the following (i) clicking “List” and then “Confirm” on an event in their TiqAssist dashboard at app.tiqassist.com (ii) transferring the Tickets for that event to TiqAssist by email, electronic transfer, or if Seller has provided to TiqAssist the accurate email address and password to Seller’s team account. Once Seller has initiated the TiqAssist Transfer, TiqAssist shall own and sell the Tickets.
3.3 After TiqAssist sells the Tickets, TiqAssist will pay the Seller in accordance with the terms the Seller and TiqAssist agreed upon (the “Payment”). Seller will receive payment through Electronic Bank Transfer (ACH).
3.4 Seller acknowledges that it is familiar with and shall comply with all applicable laws, regulations, Restrictions and the terms of this User Agreement when transferring Tickets and otherwise using the Site and our Services. “Restrictions” shall mean each of the following: (i) the constitution, by-laws, agreements, and other rules, regulations and restrictions of the National Basketball Association (“NBA”), Major League Baseball (“MLB”), National Hockey League (“NHL”), National Football League (“NFL”), National Collegiate Athletic Association (“NCAA”), Major League Soccer (“MLS”), English Premier League (“EPL”), Atlantic Coast Conference (“ACC”), Hockey East Association (“Hockey East”) and any other association, concert promoter, theatre, league, conference, team, college or school or other organization that hosts or manages events (each, an “Association”) as they currently exist, and as they may be amended, modified or otherwise supplemented from time to time; (ii) any action taken by the commissioner of any Association, or any other person having authority delegated by the commissioner of any Association pursuant to any document, contract, policy, rule, regulation or restriction referred to in clause (i) or (ii) of this definition; and (iii) all bona fide rights, policies, or other restrictions or limitations contained in agreements between us, and/or you, and/or any entity(ies) which purchase, re-sell or otherwise transfer Tickets.
3.5 Seller further agrees that TiqAssist is not responsible for any repercussions that arise from Seller’s failure to comply with any applicable Restrictions.
3.6 By accepting our offer with respect to a Ticket, the Seller is making a binding contract to sell that Ticket to TiqAssist. Seller is contractually bound to deliver that exact Ticket within the required delivery timeframe (1 hour of requesting to list the tickets). Seller is obligated to ensure all seat information are accurate and that Seller is in possession of the Ticket. Failure to comply with the above may lead to additional charges as stated in this User Agreement, or as determined in connection with our standard policies
3.7 Notwithstanding Section 3.3 above, in the event Seller decides Seller wants to cancel the TiqAssist Transfer and TiqAssist has not, at the time of receiving notice from Seller, sold or agreed to sell the Tickets, TiqAssist will transfer the ownership of Tickets back to Seller [within one (1) business day of receiving such notice].
- PRIVACY AND COMMUNICATIONS
4.1 All communications between you and TiqAssist (including our service providers or our affiliates) are subject to our User Privacy Notice.
4.2 In addition, if you reside in the United States, you understand and agree that we may, without further notice or warning and in our discretion, monitor or record communication you or anyone acting on your behalf has with us or our agents for quality control and training purposes or for our own protection. Not all telephone lines or calls may be recorded by TiqAssist so we do not guarantee that recordings of any particular telephone calls will be retained or retrievable.
- FEES AND OTHER CHARGES
5.1 TiqAssist charges commission for selling and Tickets through our Site and/or otherwise using our Services, (collectively referred to as “Commission“). The Commission may vary depending on event type, Ticket type and location. TiqAssist may in its sole and absolute discretion change its Commission at any time. Any applicable fees including any taxes if applicable will be disclosed to you prior to transferring a Ticket. TiqAssist may charge and/or retain Service Fees if you do not fulfil your contractual obligations under this User Agreement.
5.2 If you as a Seller do not fulfil your contractual obligations under this User Agreement, TiqAssist may charge you certain fees and/or costs in accordance with our standard policies.
5.3 We may collect amounts owed using a collection agency or other collection mechanism and you may be charged fees associated with collecting the delinquent payments. TiqAssist, or the collection agency it retains, may also report information about your account to credit bureaus, and as a result, defaults in your account may be reflected in your credit report. If you wish to dispute the information TiqAssist reported to a credit bureau, please contact TiqAssist. If you wish to dispute the information a collection agency reported, contact the collection agency directly.
You as a Seller are responsible for determining whether any taxes are due on your sale of a Ticket, and for collecting and remitting such taxes.
- TERM AND TERMINATION
7.1 This User Agreement shall commence on the date that you access our Site and will continue for an indefinite period unless terminated in accordance with these provisions.
7.2 You may terminate this User Agreement at any time by contacting firstname.lastname@example.org. Without limiting our rights according to Clause 14, we may terminate this User Agreement at any time by giving at least thirty (30) days’ notice via email to your registered email address.
7.3 Termination of this User Agreement shall not affect the rights or liabilities of either party accrued prior to and including the date of termination or expiry and/or any terms intended expressly or by implication to survive termination or expiry.
- SITE CHANGES AND AVAILABILITY
TiqAssist reserves the right at any time to modify or discontinue, temporarily or permanently, the Site, the Services or any part of the Site or Services with or without notice for any reason. TiqAssist performs regularly-scheduled maintenance. While we do our best to avoid customer impact, the Site or our Services may be temporarily unavailable during maintenance periods.
- ABUSING TIQASSIST
When using our Site and Services, you agree that you will not do any of the following:
- contact or invite contact with other TiqAssist users for any reason other than the purpose for which you received the TiqAssist user’s contact information or solicit sales outside of TiqAssist;
- behave in an abusive manner to any TiqAssist employee or other user;
- violate any league restrictions, venue or event promoter rules at events or violate any applicable third-party terms of service;
- breach or circumvent any laws, third party rights, or this User Agreement;
- post false, inaccurate, misleading, defamatory or libelous content;
- fail to fulfil your contractual obligations regarding the sale of a Ticket;
- use TiqAssist’s trademarks without our prior written permission;
- copy, reproduce, reverse engineer, modify, create derivative works from, distribute or publicly display any content (except for your information) or software from our Site or Services without the prior express written permission of TiqAssist and the appropriate third party, as applicable;
- use any robot, spider, scraper or other automated means to access our Site or Services for any purpose without our express written permission;
- take any action that imposes or may impose (to be determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- interfere or attempt to interfere with the proper working of our Site or Services or any activities conducted on or with our Site or Services;
- bypass any other measures we may use to prevent or restrict access to our Site or Services;
- commercialize any TiqAssist application or any information or software associated with such application;
- export or re-export any TiqAssist application or tool except in compliance with the export control laws of any relevant jurisdiction and in accordance with posted rules and restrictions; or
- do anything else that TiqAssist determines, in its sole reasonable discretion, misuses the Site or Services or otherwise negatively impacts our marketplace, or disparages us.
- PROTECTING INTELLECTUAL PROPERTY RIGHTS
TiqAssist respects intellectual property rights and we respond to notices of alleged infringement.
If you reside in the United States, and you find material on our Site or Services that you believe infringes your copyright or other intellectual property rights, please notify email@example.com and we will investigate.
- VIOLATING THE AGREEMENT
11.1 We may investigate any potential or suspected violations of the User Agreement, security protocols or best practices, third-party rights or applicable law; any actions or any other misconduct or potential abuse on or through the Services or attempts. When assessing whether and which measure(s) to take against a user, we will take the legitimate interests of the user into account, and shall in particular consider if the user is responsible for the misconduct.
11.2 We may take any actions we deem appropriate in our reasonable discretion for the conduct described in 11.1. Without limiting other remedies, these actions may include: limit, or temporarily or permanently suspend, or terminate our services, restrict or prohibit access to, and your activities on, our Site and/or Services, remove listings, cancel sales, require you to send Tickets to TiqAssist within a specified time, reduce or eliminate any discounts, withhold payment, and take technical and legal steps to keep you from using our Site and/or Services.
11.3 We reserve the right to report any activity that we believe to be illegal or otherwise in contravention of this User Agreement or any Restrictions and we will respond to any verified requests relating to a criminal investigation (i.e. a subpoena, court order or substantially similar legal procedure) from local and foreign law enforcement or regulatory agencies, other government officials or authorized third-parties.
- DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
12.1 YOU UNDERSTAND AND AGREE THAT YOU ARE MAKING USE OF THE SITE AND SERVICES ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. TIQASSIST MAKES NO WARRANTY WITH RESPECT TO ITS SOFTWARE, SERVICES, SITE, ANY TICKETS, ANY EVENT, ANY USER CONTENT OR THAT THIS SITE IS IN COMPLIANCE WITH ANY RESTRICTIONS. ACCORDINGLY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS SPECIFICALLY PROVIDED IN THIS USER AGREEMENT, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
12.2 IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, TIQASSIST (INCLUSIVE OF ANY OF ITS SERVICE PROVIDERS AND LICENSORS) IS NOT LIABLE FOR: (A) ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES; (B) LOSS OF: PROFITS, GOODWILL OR REPUTATION, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO: (I) YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SITE OR SERVICES; (II) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING OUR SITE OR SERVICES OR THOSE OF ANY SITE, SERVICES, OR TOOLS LINKED TO OUR SITE OR SERVICES; (III) ANY USER CONTENT OR CONTENT OF THIRD PARTIES, OR (IV) THE DURATION OR MANNER IN WHICH TICKETS YOU LIST APPEAR ON THE SITE OR SERVICES.
12.3 SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE RIGHTS IN ADDITION TO THOSE CONTAINED IN THIS USER AGREEMENT. THIS IS ESPECIALLY SO IF YOU ARE A CONSUMER.
12.4 REGARDLESS OF THE PREVIOUS CLAUSES, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES IN DISPUTE NOT TO EXCEED THE TOTAL FEES WHICH YOU PAID TO US IN CONNECTION WITH THE TICKET(S) GIVING RISE TO THE LIABILITY (NOT TO EXCEED MORE THAN 12 TICKETS), OR (B) $1,000.
- APPLICABLE LAWS AND JURISDICTION
13.1 Any claim, dispute or matter arising under or in connection with this User Agreement shall be governed and construed according to the laws of the State of California.
13.2 You agree to resolve your disputes with TiqAssist as specified in Clause 14.
- LEGAL DISPUTES/ ARBITRATION
14.1 You and TiqAssist each agree that any and all disputes or claims that have arisen or may arise between you and TiqAssist relating in any way to or arising out of this or previous versions of the User Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, your use of or access to the Site or Services, or any tickets or related passes sold through the Site or Services shall be determined exclusively through confidential, final, binding arbitration in [Los Angeles, California] before [one/three] arbitrator(s). The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures [and in accordance with the Expedited Procedures in those Rules]. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
14.2 The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
14.3 If an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.
14.4 You can choose to reject this Agreement to Arbitrate (“Opt Out”) by mailing us a written opt-out notice (“Opt-Out Notice”). The Opt-Out Notice must be postmarked no later than 30 days after the date you accept the User Agreement for the first time. You must mail the Opt-Out Notice to CSL Commerce LLC, 645 W 9th Street #110-187, Los Angeles, CA 90015.
14.5 Notwithstanding any provision in the User Agreement to the contrary, you and we agree that if we make any amendment to this section (other than a change to any notice address or website link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding between you and TiqAssist prior to the effective date of the change. The amendment shall apply to all other disputes or claims governed by the User Agreement that have arisen or may arise between you and TiqAssist.
- RELEASE AND INDEMNIFICATION
15.1 To the fullest extent permitted by law, you release and covenant not to sue TiqAssist, its affiliated companies, and our and their respective officers, directors, agents, joint venturers, employees, legal representatives, and suppliers from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes between users. In entering into this release you expressly waive any protections (whether statutory or otherwise – e.g., California Civil Code § 1542) that would otherwise limit the coverage of this release to include only those claims, which you may know or suspect to exist in your favor at the time of agreeing to this release.
15.2 You agree to indemnify and hold us and (if applicable) our parent, subsidiaries, affiliates, and our and their respective officers, directors, attorneys, agents, employees, licensors and suppliers (the “TiqAssist Indemnitees“) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable attorneys’ fees) incurred by us and (if applicable) any TiqAssist Indemnitee resulting from or arising out of your breach of this User Agreement, your improper use of our Site or Services, and/or your violation of any law or the rights of a third party.
- REGION SPECIFIC ADDITIONAL PROVISIONS
16.1 If you are a Californian resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
16.2 For any user that is selling a Ticket to an event located in the state of Illinois, the following applies: pursuant to 815 ILCS 414/1.5(c), for transactions involving tickets to events in Illinois, Sellers may elect to submit complaints against one another to JAMS under its rules and procedures. JAMS’ rules are available at https://www.jamsadr.com. Such complaints shall be decided by an independent arbitrator in accordance with this User Agreement and all incorporated Policies. Sellers further agree to submit to the jurisdiction of the State of Illinois for complaints involving a ticketed event held in Illinois.
- GENERAL PROVISIONS
17.1 This User Agreement (and all documents incorporated by reference) constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements and understandings between the parties hereto with respect to the subject matter hereof, whether written or oral. No amendment, modification or supplement of any provision of this User Agreement will be valid or effective unless made in accordance with the express terms of this User Agreement.
17.2 If any provision of this User Agreement is held to be invalid or unenforceable under any circumstances, its application in any other circumstances and the remaining provisions of this User Agreement shall not be affected.
17.3 We may assign or transfer our rights and obligations under this User Agreement at any time, provided that we assign the User Agreement on the same terms or terms that are no less advantageous to you. You may not assign or transfer this User Agreement, or any of its rights or obligations, without our prior written consent, which we can refuse in our sole discretion.
17.4 No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this User Agreement, your use of the Site, or the provision of our Services. A person who is not a party to this User Agreement has no right to enforce any term of this User Agreement.
17.5 Nothing in this User Agreement is intended to confer benefits, rights or remedies unto any person or entity other than the parties hereto and their permitted successors and assigns.
17.6 The subject heading at the beginning of each paragraph of this User Agreement is for reference purposes only and in no way defines, limits, construes or describes the scope or extent of such paragraph. The following sections survive any termination of this User Agreement: Contracting entity, fees and other charges, taxes, payments, abusing TiqAssist, content, liability, applicable laws, release and indemnification, additional regional provisions, general provisions.
17.7 Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.
17.8 Legal notices to us shall be served by registered mail to the entity listed in Clause 2.1. We shall send notices to you by email to the email address from which you initiated the relevant TiqAssist Transfer(s). Notice to you shall be deemed given twenty-four (24) hours after the email is sent, unless we are notified that the email address is invalid. Alternatively, we may give you legal notice by registered mail if the legal notice sent to us provides a return address or if we have otherwise confirmed receipt in writing of your preferred address for legal notices. Notices sent to either party by registered mail shall be deemed to have been received by that party three (3) days after the date of mailing.