GENERAL

What follows are the agreements which apply to the use of the website www.XMTickets.com (and all its subdomains for other countries). As you will read below, these are two individual agreements. Firstly, you enter into a direct user agreement with the XMTickets platform. Anything that has to do with your account, your data and the technique is set out in that agreement. This agreement is called the “Platform Agreement”. Secondly, for buying or selling a ticket you always enter into a direct, one-off agreement with one of the subsidiaries of XMTickets (depending on the location of the event, hereinafter: “XMTickets Local”):

That agreement is called the “Ticket Agreement”. On the Platform Agreement and the Ticket Agreement. Disputes will be submitted to the competent court in New Delhi.

PLATFORM AGREEMENT

Applicability: This Platform Agreement is drawn up by XMTickets (“XMTickets”), located in India as a registered business. If you use the Platform, you enter into an agreement with XMTickets (the “Platform Agreement”) as “User”. The articles under the heading “Ticket Agreement” are not applicable to XMTickets. XMTickets reserves the right to alter this Platform Agreement. You are required to consent to any changes to the Platform Agreement when using the Platform.

Platform Service: Through its online digital platform (the “Platform”), XMTickets offers a service that allows you to buy and sell e-tickets for experiences (such as concerts, parties, festivals, days out) (the “Platform Service”).

Registration: You can use the Platform Service by registering with email, a Facebook account or Apple login. All personal data should be filled in truthfully. Every person is only allowed to have one registered account.

Privacy: XMTickets protects your personal data in accordance with the General Data Protection Regulation (“GDPR”). XMTickets processes the personal information provided by you only in order to allow the use of the Platformservice and to communicate with you in this respect. For more information: see the Privacy Policy on our website.

Personal use: The Platformservice of XMTickets is intended for personal use. Commercial traders or other commercial parties are discouraged to misuse the Platform. Scripts, (partially) automated programs or other methods to gain priority on purchases are not permitted and may lead to a (permanent) blockage of the User.

Liability: XMTickets is not liable for any damage you may suffer as a result of your use of the Platformservice or the Platform, such as losses incurred by Buyer or Seller as a result of Change of an event (also refer to “Changes of the Event”), unless such damage has been caused by intent, gross negligence or deliberate recklessness. Although XMTickets takes as many measures as possible to ensure a safe and proper functioning Platform, she cannot guarantee the accuracy of the Platformservice or the content of the Platform. XMTickets is not liable for the consequences of (any) inaccuracies (such as a wrong event description) with respect to the Platformservice or the Platform. XMTickets is entitled, without prior notice, to (temporarily) suspend or limit the use thereof or to terminate the Platformservice without giving any reasons and without such giving rise to any right on compensation towards XMTickets.

Payment service: Payment processing services with respect to ticket sales concluded on XMTickets are provided by Stripe and are subject to the Stripe Connected Account agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to this Platform Agreement or continuing to operate as a Seller on XMTickets you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. In order to enable Stripe to effectively provide its payment processing services, you agree to provide XMTickets accurate and complete information about you, and you authorize XMTickets to share such information and transaction information related to your use of the payment processing services with Stripe.

Abuse: As a condition for the use of the Platform Service, you agree not to offer any information, data or content through the Platform that may infringe any law or regulation.

Furthermore, you agree that you:

1.   will not feign an improper relationship with a person or entity;


2.   will not access restricted/protected areas of the Platform;


3.   will not forward any viruses, worms, junk mail, spam, chain letters, unsolicited offers or advertisements of any kind and for any purpose;


4.   will not check, scan or test the vulnerability of the Platform or any other related system or network, or act in breach of any security or authentication*; and


5.   will not use scripts, (partially) automated programs or other methods to gain priority on purchases.


* if you detect any security vulnerabilities please report to us

If XMTickets suspects that you do not comply with the Platform Agreement, XMTickets may (permanently) deny you access to the Platform and to the Platformservice with immediate effect. In the case of non-compliance, we retain the right to keep your (relevant) data and information in our records for future reference. This means that by violating the Platform Agreement, we have a legitimate reason to hold on to your data, whereby we do not have to comply with your request to delete all your data from our systems. We do this to prevent abuse in the future.

Disclosure of information: At all times, XMTickets has the right to disclose information in order to (i) defend itself in court, (ii) execute a court order, (iii) comply with all laws, regulations or requests from the government, (iv) protect national security, defence, public security/public health and (v) maintain her rights.

Complaints procedure: If you have any complaint about the Platform or the Platformservice, XMTickets would like to be informed thereof. Please send your complaint (defined as complete as possible) to complaints@XMTickets.com. You may also file your complaint by using the red button located on every page on the right-hand side of the screen.

YouTube services: On some of our pages we present video content which is provided by YouTube, through the YouTube API Services. By using XMTickets, you therefore agree to be bound by the YouTube Terms of Service.


TICKET AGREEMENT

Ticket Agreement: If, on the Platform, you offer an e-ticket for sale, or buy an e-ticket from someone else, an agreement between you (as User) and XMTickets Local is entered into. The specific legal entity, with whom you enter into this Ticket Agreement, depends on the place of the event of the e-ticket concerned. XMTickets Local reserves the right to alter this Ticket Agreement. If you offer a (new) e-ticket for sale or purchase and the Ticket Agreement has changed, you are required to consent to the most recent version of this Ticket Agreement.

Purchase agreement: Between the “Seller” and “Buyer” of a ticket a Purchase Agreement is concluded.

Selling e-tickets

Uploading [upload] e-tickets: As Seller you can offer an e-ticket for sale on the Platform by uploading a file of the e-ticket. The file must be the original digital version supplied by the ticket provider. Seller must be authorised to sell the e-ticket. Scanned e-tickets, photos of e-tickets or amended files are not allowed. Seller may at any time, as long as his offer has not been accepted, withdraw his offer for sale of the uploaded e-ticket. To avoid any doubt: as soon as the Buyer reserves the ticket for purchase, Seller is obliged to sell the e-ticket to Buyer. After Buyer buys the ticket a final agreement with the respective Buyer is concluded.

Seller should be up to date about limitations (e.g. non-transferability due to personalization of e-tickets) towards transferability of e-tickets at all times and should present limitations in the listing details. When a ticket with an undisclosed limitation is bought by Buyer, Seller is required to refund Buyer.  

Description E-ticket: Seller fills in the details of the e-ticket as completely and truthfully as possible. Such information shall in all cases include the name of the event, the price and the personal bank account of Seller. In addition, Seller fills in any differing entrance rights (e.g. early entrance, late entrance, child tickets, CJP pass, etc.) compared to normal tickets. The bank account must be located in one of the countries listed here. Seller sets the currency for the listing from a supported currency. If the e-ticket is intended for a specific section or seat, the Seller must indicate the seat number clearly in the “description” field or in the “seating” option (when available). XMTickets Local reserves the right to adjust the information about an offered e-ticket to the information set out on the uploaded e-ticket.

Cost and Price: Seller himself determines the selling price of each e-ticket that he offers on the Platform (the “Sales Price”) taking into consideration that this price may not be higher than 120% of the original price (including service fees) of the e-ticket. In some countries, (maximum price) restrictions apply to online offering or reselling e-tickets. Seller must comply with possible local legislation. For every e-ticket for which a purchase agreement is concluded, Seller owes an amount equal to 5% of the Sales Price (incl. VAT) (“Service Fees”) to XMTickets Local. By entering into this Ticket Agreement Seller instructs Stripe to deduct this amount from the Sales Price received and transfer this to XMTickets Local. Seller shall thus receive 95% of the Sales Price.

In the event that an e-ticket is sold for more than 120% of the original price (including service fees), XMTickets Local reserves the right to reverse the Sale or settle the amount above 120% of the original price (including service fees) and transfer the reversed or settled amount to the Buyer via Stripe. XMTickets Local decides when this happens and Buyer cannot exercise this right. When Seller has already been paid out, Seller is required to return the amount above 120% of the original price (including service fees) to XMTickets Local in line with the Repayment Terms.

VAT: The VAT on the e-tickets sold through the Platform by Seller must have been paid on the original e-ticket before Seller offers the e-ticket for sale. XMTickets Local charges VAT on the Service Fee/transaction for the Buyer and on the mediation costs for the Seller.

Sold e-tickets: Upon completion of a sale, Seller will receive a confirmation by email or push notification after which the sold e-ticket is automatically removed from the Platform. Seller must verify whether the e-ticket is indicated as sold on the Platform. Seller is obliged to destroy all duplicates of the sold e-ticket.

Payment to Seller: As soon as possible after sale and delivery of the e-ticket, Stripe transfers the agreed Sales Price minus the Service Fees (the “Payment”) to Seller. The time at which Seller can expect the Payment on his bank account can be viewed here. XMTickets Local has no responsibility for those Payments appearing on the bank account on time and is in its entirety not involved in the payment processing. After a notification on an invalid e-ticket from XMTickets Local to Stripe or in the event of (suspected) fraud, or a cancelled event, the Payment to Seller may be suspended until more clarity about the situation exists. If, according to XMTickets Local, there is reason to do so, XMTickets may instruct Stripe to cancel the Payment.

Know Your Customer (KYC) law compliance: XMTickets Local is bound by privacy policies. The companies instructed by XMTickets to handle Payment to Seller cross-check your information with their own and public databases for suspicious behaviour. Based on this review, you may be required to provide additional identification documents to them. These need to be original copies of your identification document and cannot be altered (e.g. watermarked). The identification documents are deleted by these companies after verification.

High amounts: A Seller who at any time by himself, or in conjunction with “Similar Sellers”, has sold for more than EUR 500.00 on e-tickets or offers for sale for events that have not yet taken place (hereinafter: “Uncertain Value”), will not be paid until in all reasonableness it has been established that the e-tickets have proven to be valid and Buyer has been able to access the event. Similar Sellers are understood to be Sellers who share the same or similar personal information as Seller.

The Uncertain Value is reserved by Stripe for Seller. If a Seller has an outstanding amount of more than EUR 500.00 confirmation that Seller agrees thereto will always be asked before a newly offered e-ticket is visible on the Platform.

Cancellation sale: XMTickets Local has an interest in the proper execution of the purchase agreement between Buyer and Seller. The purchase agreement therefore includes an irrevocable third party clause for the benefit of XMTickets Local, which enables XMTickets Local to demand compliance with the purchase agreement, dissolve the purchase agreement or annul the purchase agreement if Buyer or Seller has not fulfilled the conditions of the Ticket Agreement.

Free tickets: Seller is not allowed to sell a ticket, which is obtained at no cost. This includes, but is not limited to, tickets won in a contest, guest list tickets, etc.

Minimum ticket price: Tickets listed on the Platform should be listed for at least €5 (€5 equivalent in other denominated currencies).

Buying e-tickets

Fees, payment and delivery: The Buyer of an e-ticket can pay online via the offered payment methods. The transaction costs for the purchase of an e-ticket amount to 5% of the Sales Price (including VAT). In addition, Buyer pays 3% for the payment processing costs (including VAT). After purchase, the e-ticket is immediately downloadable from the Platform. In addition, as soon as possible after payment is received by Stripe, XMTickets Local provides the e-ticket i.) in My Purchases in your XMTickets account and ii.) per email in the form of a link to the PDF file. Upon purchase, a final agreement between the Seller and the Buyer has been concluded. Due to the nature of the product, it is not possible to undo the purchase at any time. After the transaction is finalized there is no withdrawal period for Buyer or Seller.

Changes of the event: Buyer is responsible to be up to date about the event for which he purchased an e-ticket and should verify for himself if the experience will be postponed, cancelled or changed in any other way (hereafter jointly referred to as “Changed” or “Change”). 

Seller is responsible to be up to date about the event for which he offers an e-ticket on Platform. Whenever an event is cancelled, Seller should remove e-ticket from Platform within 48 hours after official communication from the organizer. If the e-ticket is sold to Buyer, Seller is required to refund Buyer. 

XMTickets Local will do its best to reach out to buyers about Changes of events, but is not required to do so.

XMTickets Local is not liable for any damages incurred by users of XMTickets (Buyers and Sellers) as a result of Changes of events.

When an event is cancelled, the organizer of the event usually provides a “Compensation” to the (legal) person who acquired the e-tickets for that event directly from the organizer (the Seller). It is the intention that this Compensation (with or without contact of the Seller) is paid out to Buyer, as Buyer became the owner by acquiring the e-ticket through the Platform.**

It can happen that the Compensation from the organizer differs from the amount Buyer has paid for the e-ticket on the Platform. XMTickets Local is not liable for the aforementioned “Price Difference”, not towards Buyer or Seller.

When paying out the Compensation to Buyer for a cancelled event, a distinction is made between e-tickets and non- e-tickets. XMTickets aims, to the best of her abilities, to help the Buyer in receiving the Compensation from the organizer.

In the event the purchase was made through , the organizer contacts Buyer (possibly through the Platform) directly about cancellations and Compensation. The compensation for a cancelled event usually comprises the original amount paid by Seller of the e-ticket (excluding service fees from the ticket provider). This amount may differ from the amount Buyer has paid through the Platform – the resulting price difference can be higher or lower than the original amount. 

In the event the purchase was not made through , Seller is obligated to claim any Compensation offered by the organizer for the cancelled event and subsequently transfer this to Buyer in line with the Repayment Terms. This amount is maximized by the amount Seller has received for selling the e-ticket on Platform to Buyer. Any amount transferred to Buyer by Seller must be transferred via XMTickets using Stripe’s payment processing facilities. 

In some cases the Cancellation policy may differ from the above mentioned processes. The preferred resolution always is that Compensation is paid out to Buyer. XMTickets Local is not liable for Price Differences.

**if an event is postponed to a different date or time and/or changed to a different location Seller is not required to provide a Compensation to Buyer. If Buyer no longer wants to make use of the ticket, Buyer can decide to sell his tickets on the Platform. XMTickets Local is not liable for any Price Differences arising from this.

Invalid e-ticket: There is a risk that e-tickets, purchased through the Platform (excluding  e-tickets) prove to be invalid. The risks associated with the validity of the e-ticket and any costs associated therewith are for the account of Seller and Buyer. Seller is not allowed to re-use an e-ticket after the transaction is finalized. Buyer is only allowed to re-sell the e-ticket using the XMTickets account used to purchase the e-ticket. It is not allowed to re-sell an e-ticket on another platform (unless it is a  e-ticket).

If the e-ticket appears to be invalid, XMTickets Local will bring Seller and Buyer together in a moderated chat discussion in order to seek a solution in good consultation. XMTickets Local acts as an independent moderator between Buyer and Seller and tries to find evidence supporting statements made by Buyer and Seller. Based on these investigations XMTickets Local will decide whether Seller should repay the invalid tickets to Buyer. Buyer and Seller are obliged to cooperate with the decision of XMTickets Local.

If Seller refuses to cooperate, XMTickets Local reserves the right to file a report on Seller, share Seller’s personal information to Buyer to file a police report and to (permanently) block his account. All instances of invalid e-tickets should be reported to XMTickets Local. 

Buyer has the right to report an invalid e-ticket within 30 days after the event occured. After this period, XMTickets Local will not handle any claims for invalid e-tickets. 

Repayment Terms: In the event Seller needs to repay Buyer, Seller is required to do this in line with the Repayment Terms. Repayment of Seller to Buyer can be caused by, but not limited to, the sale of invalid e-tickets, the sale of e-tickets for more than 120% of the original price (including service fee) or cancellation of the event. In the case Seller does not comply with Repayment Terms, XMTickets Local reserves itself the right to use a debt collection agency to facilitate the repayment. All additional fees from the debt collection agency are for the account of Seller.

XMTickets Local facilitates the repayment to the best of her ability, meaning that it will mediate between Buyer and Seller for repayment. Repayment to Buyer should always be done using the methods proposed by XMTickets Local (settlements between Buyer and Seller are at own risk). Any amount transferred to Buyer by Seller must be organized by XMTickets using Stripe’s payment processing facilities. XMTickets does not hold any amounts of money owed by the Buyer or Seller at any time. 

Repayment Terms – Cancellations: When Seller needs to repay Buyer for a cancelled event, Seller is required to transfer the amount within 14 days after receiving the Compensation from the organizer. Buyer can’t extend any rights from this. In all other cases, Seller is required to repay Buyer within 14 days after the refund is issued to Buyer. If repayment has not been made within 14 days, XMTickets Local reserves itself the right to assist Buyer in using a debt collection agency to facilitate the repayment. All additional fees from the debt collection agency are for the account of Seller.

Risks: Apart from  e-tickets, buying an e-ticket through the Platform is not risk free. XMTickets Local endeavours to conclude only secure and successful sales through the Platform, but it does not guarantee that an e-ticket, purchased through the Platform, is always valid and will always give access to the desired event.  e-tickets are, in principle, always valid for the desired event.

Liability: XMTickets Local is not liable for any damage that you may suffer as a consequence of your use of the Platformservice or the Platform, unless the damage is caused by intent, gross negligence or deliberate recklessness. Although XMTickets Local takes as many measures as possible to ensure a safe purchase of an e-ticket, she cannot always guarantee the accuracy of the Platformservice and the content of the Platform. She can only guarantee the accuracy or validity of an e-ticket if it concerns a  e-ticket. XMTickets Local is not liable for the consequences of (any) inaccuracies with respect to the Platformservice, the Platform or the e-ticket. XMTickets Local is entitled, without prior notice, to (temporarily) suspend or limit the use thereof or to terminate the Platformservice without giving reasons and without such giving rise to any right on compensation towards XMTickets Local.

Misuse: You agree not to supply any information, data or content through the Platform that infringe any law or regulation. Furthermore, you agree that you:

1.   will not feign an improper relationship with a person or entity;

2.   will not access restricted/protected areas of the Platform;

3.   will not send any viruses, worms, junk mail, spam, chain letters, unsolicited offers or advertisements of any kind and for any purpose; and

4.   will not check, scan or test the vulnerability of the Platform or any other related system or network, or act in breach of any security or authentication.


If XMTickets Local suspects that you do not comply with the Platform Agreement, XMTickets Local may (permanently) deny you access to the Platform and to the Platformservice with immediate effect. In the case of non-compliance, we retain the right to keep your (relevant) data and information in our records for future reference. This means that by violating the Platform Agreement, we have a legitimate reason to hold on to your data, whereby we do not have to comply with your request that we delete all your data from our systems. We do this to prevent abuse in the future.

Disclosure of information: At all times XMTickets Local has the right to disclose information in order to (i) defend itself in court, (ii) execute a court order, (iii) comply with all laws, regulations or requests from the government, (iv) to protect the national security, defence, the public security and the public health and (v) maintain its rights.

 

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