|
1.
General
1.1.
This website
(the "Site") is owned by Sports Events 365 Ltd. (the "Company").
The company's contact details are as detailed in the Contact us section of the Site and can be reached at +353-1-440-3952.
1.2.
The Site owned,
operated and managed by the Company.
1.3.
Words denoting
the singular number shall include_once the plural number and vice versa; words
denoting the masculine gender shall include_once the feminine gender; words denoting
persons shall include_once corporations, partnerships and other corporate entities.
1.4.
The headings in
these terms of use (the "Terms") are included for ease of
reference, and shall not affect its interpretation.
1.5.
The following
Terms and conditions of use constitute a legal agreement between you and
Company regarding the access and use of this Site. By accessing, browsing
and/or using this Site, you acknowledge that you have read, understood, and
agree, to be bound by these Terms and to comply with all applicable laws and
regulations. If you do not agree to these Terms, do not use this Site.
1.6.
You hereby
certify that you are of legal age to use this Site and legally competent and
duly authorized to do so.
1.7.
As a condition
of your use of this Site, you undertake not use this Site for any purpose that
is unlawful or prohibited by these Terms. You may not use this Site in any
manner that could damage, disable, overburden, or impair any server, or the
network(s) connected to any Company server, or interfere with any other party's
use and enjoyment of this Site.
2.
Registration
2.1.
Certain
services provided by the Site require
registration. To register one must provide his full name, address (including
state/country), phone number, and email address and any other information as
may be required by the Company in order to provide the requested services (see
below referral to our Privacy Policy).
2.2.
One will need a
username and password to access certain areas of the Site. Maintaining the
security of your username and password is your responsibility, and the Site
will not be responsible for any action taken under your username or password.
3.
Personal
Information and Privacy
3.1.
The Company is
committed to preserving the privacy of the users via this Site. To learn about
how the Company protects your personal information, such as your name and address,
refer to the Company’s Privacy Policy as defined in Section 8.2 below. Except
as set forth in the Privacy Policy or in these Terms, your personal information
will be deemed to be confidential. Any non-personal information or material
sent to the Company and/or provided by you through this Site will generally be
deemed to NOT be confidential. You understand and agree that we may disclose
information about you if we have a good faith belief that we are required to do
so by law or legal process, to respond to claims, or to protect the rights,
property, or safety of the Company or others, or as stated in our Privacy
Policy.
4.
Site Rights
4.1.
The information
available through this Site may include_once, but is not limited to, photographs,
images, illustrations, (collectively referred to as the "Content") is
protected by copyright pursuant to the applicable international copyright laws.
You acknowledge and understand that the Company and the information providers
that make their materials available to you via this Site retain all rights and
title to any and all intellectual property rights existing in such materials.
You agree to abide by all additional copyright notices, information or
restrictions appearing on protecting any part of the Content.
4.2.
The Content is
protected by copyright pursuant to the applicable international copyright laws.
You acknowledge and understand that Company and the information providers that
make their materials available to you via this Site retain all rights and title
to any and all intellectual property rights existing in such materials. You
agree to abide by all additional copyright notices, information or restrictions
appearing on any part of the Content.
4.3.
Content you
access through this Site is, in every case, for your personal, non-commercial
use only. You agree not to copy, sell, publish, reproduce, distribute,
retransmit or otherwise provide access to the Content to anyone. However, you
are permitted to make one copy of the applicable Content for your personal use
only. Except as provided immediately above, you may not modify, publish,
transmit, participate in the transfer or sale of, reproduce, create new works
from, distribute, perform, display or in any way exploit, any of the Content,
in whole or in part.
5.
Information
published on this Site
5.1.
Any information
and Content made available through this Site – is published as a service only, such information and Content is subject to
various updates, which be occur from time to time. The Company does not make
any assurances and shall not be held responsible with regard to the accuracy
such information and Content of the results or output that derives from use of
thereof and you are requested to independently verify such results or output.
5.2.
This Site may
contain and offer, inter alia, links and references to information and
resources made available on the web which are not owned and/or controlled by
the Company, including without limitation sporting events schedules and tables.
For example, when publishing the dates of sporting events the Company is entirely
dependent upon third parties out if its control and the information provided by
such parties, which in turn, therefore you are required to verify all third
party information published through this Site. The Company uses great
commercial efforts to publish true and correct third party information but
cannot be held responsible for any such third party data and you may not rely
upon such third party data without independently verifying it.
5.3.
The Company may
run advertisements and promotions from third parties on its or its licensors
websites. Your correspondence or business dealings with, or participation in
promotions of, advertisers other than the Company found on or through this
Site, including payment and delivery of related goods or services, and any
other terms, conditions, warranties or representations associated with such
dealings, are solely between you and such advertiser. The Company is not
responsible or liable for any loss or damage of any sort incurred as the result
of any such dealings or as the result of the presence of such advertisers on
this Site.
6.
Usage Rights
Your
use of this Site, including use of Content is, in every case, for your
personal, non-commercial use only. You agree not to sell, publish, reproduce,
distribute, retransmit or otherwise provide access to the Content to anyone.
However, you are not permitted to use this service for the purpose of regularly
providing other individuals with access to Content obtained through this Site.
Except as provided immediately above, you may not modify, publish, transmit,
participate in the transfer or sale of, reproduce, create new works from,
distribute, perform, display or in any way exploit, any of the Content, in
whole or in part. Your use of this Site and any Content must comply with any
and all applicable laws, rules and regulations.
7.
International
Users
This
Site can be accessed from countries around the world and may contain references
to the Company’s products, services, and programs that are not available in
your country. These references do not imply that the Company intends to
announce such products, services, or programs in your country. This Site is
controlled and operated by the Company from its offices within Israel. The
Company makes no representation that materials in this Site are appropriate or
available for use in other locations, and access to them from territories where
their contents are illegal is prohibited. Those who choose to access this Site
from other locations do so, on their own initiative and are responsible for compliance
with applicable local laws.
8.
Purchases
through the Site
8.1.
Placing an
Order
8.1.1.
To enable the
Company to supply the ticket you have ordered, your order must be received and
properly recorded in the Company’s computer, and must contain all the details
required for forwarding the products and for charging you. Various reasons are
likely to cause faults and disruptions in the computer recording of your offer.
If you receive a notice with regard to incorrect content in the details of the
order or notice regarding a fault that has occurred in the system at the time
of recording the order, we recommend that you refer to customer service at +353-1-440-3952.
8.1.2.
If at the time
of placing the order you give erroneous details of identification, we will not
be able to guarantee that the product will reach you. In the event that the
ordered items are returned to us, as a result of incorrect details that you
have given, you will be held liable for payment in respect of forwarding and
handling charges. Please be careful to fill in accurate and updated details.
The submission of false personal details is strictly prohibited according to
law.
8.1.3.
You agree to
supply all the required information, as may be required for the Company to
process and complete your purchase, including without limitation providing a
copy of your Passport, to the extent required.
8.1.4.
After you have
confirmed your order by using the “send” option, your order will be transferred
to the Company for execution. Commencing from the time of confirmation of the
order, as aforesaid, the order cannot be altered and/or cancelled by you,
except in accordance with the possibilities mentioned under the chapter headed
“Cancellation of an Order” (Section 8.4 below). Your order will be
confirmed by a return e-mail message which will reach your address within 3
business days from the date of confirmation of the order. An order which has
not been confirmed as aforesaid will not bind the Company.
8.1.5.
After an
examination of the details of your credit card has been completed and approval
has been received from the credit card company for executing the purchase, and
provided the item requested by is available, your offer will be deemed to be
executable, and the Company will take steps to supply the item that has been
ordered.
8.2.
Price Policy
The
price you will be charged is that indicated on the Site on the date of
affecting the purchase. Without derogating from the foregoing, the Company
reserves the right to alter prices of items and/or services as displayed on the
Site and it may do so at any time even without prior notice. It is possible
that the price you will be charges will be higher then the price printed on the
ticket you purchased.
8.3.
Means of
Payment
8.3.1.
The payment for
the purchase of items on the Site will be effected solely through a valid
credit card which can be cleared by one of the lawfully operating credit card
as approved by the Company or/its credit clearance provider. The Company will
not honor any other means of payment.
8.4.
Cancellation of
an Order
8.4.1.
All orders will
bind you and cannot be cancelled without written acceptance of cancellation by
the Company.
8.4.2.
Nevertheless,
in case of cancellation request, the company will try to resell your ticket in
attempt to recover as much of your money as possible. In some cases this could
be substantially less than what you originally paid and we cannot guarantee a
sale completes at all.
8.5.
Delivery of
tickets
8.5.1.
You shall be
responsible to provide the Company with the correct delivery address and other
details as may reasonably required by the Company for the accurate and timely
delivery of the tickets. At any time you are obliged to inform the Company of
any change in the delivery details supplied for delivery.
8.5.2.
Shipment via
courier or other third party shall be at the your sole expense and risk, and
the Company shall not be held liable for any delays, damages, loss and/or
misplacing of the tickets by the third party delivering the tickets.
8.5.3.
If you should
not accept, pick up or have picked up a ticket sent to you, and the ticket is
returned to The Company by third party delivering the tickets or any local
courier service, you
shall be deemed to be waiving your right to delivery. You shall
be obliged to pay the full purchase and to compensate The Company for the costs
incurred in relation to the return shipment.
8.5.4.
The Company
will make reasonable efforts to ensure that the details provided relating to
the applicable event tickets are accurate and adhered to. However, in some rare
cases, the actual tickets may not be in accordance to the order, and this shall
not constitute breach of the Company's obligations.
8.6.
Special
Provisions and Liability
8.6.1.
The Company
shall not be held liable should if you are denied admission to an event except
insofar as the denial is due to willful misconduct of the Company.
8.6.2.
You shall visit
an event on your own risk. The Company shall not be held liable for damages
that you may suffer while traveling from or to the event or attending such an
event 8.6.3.
You shall be
solely responsible for obtaining the correct dates, starting times of events,
and pick up details of the tickets. Should an event be cancelled or moved,
without a replacement event scheduled, you shall approach the organizer of the
event in order to be refunded the original value of the ticket.
8.6.4.
You shall not
be provided with replacement tickets in the event of lost, stolen or damaged
tickets.
8.6.5.
In the event of
the Company failing to deliver the contracted order as accepted by it, due to
reasons attributable to it, your remedies as set forth herein, are contingent
upon the following: (i) the Company will not be liable if it fails to deliver a
ticket to specific location, but delivered a compatible ticket to the event. and (ii) if the Company fails to deliver a compatible ticket
to the event, due to reasons attributable to it, the Company's only obligation
and liability will be limited to a refund up to a maximum of [150%] of the
ticket price of each ticket not delivered.
8.6.6.
Except for the
Company's obligations towards you as the registered buyer of tickets as set
forth herein, the Company shall not have any liability or bear any
responsibility to any third party using the purchased tickets.
8.6.7.
The company
will not be responsible or liable if an event is cancelled or postponed
(whether conditions, time or date changes etc.).
9.
Disclaimer of
Warranties
9.1.
EXCEPT AS
EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN, WHETHER EXPRESS, IMPLIED, STATUTORY
OR OTHERWISE, AGREEMENT BETWEEN YOU AND THE COMPANY, THIS SITE, AND ALL
MATERIALS AND SERVICES ACCESSIBLE THROUGH THIS WEBSITE, ARE PROVIDED ON AN
"AS IS" BASIS. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW,
DISCLAIMS ALL WARRANTIES INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS AND FITNESS FOR A
PARTICULAR PURPOSE. THE COMPANY, IT'S AFFILIATES AND LICENSORS MAKE NO
REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR
TIMELINESS OF THE SERVICES, CONTENT OR INFORMATION PROVIDED ON OR THROUGH THE
WEBSITE OR SYSTEMS. NO INFORMATION OBTAINED VIA THE COMPANY'S SYSTEMS OR
WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY THE COMPANY IN THESE
TERMS OF USE.
9.2.
SOME STATES OR
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS
ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU.
9.3.
THE COMPANY
MAKES NO WARRANTY THAT THE SITE OR THE SERVICES PROVIDED VIA THE SITE WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, OR THAT THE SITEOR ANY OF THE
SERVICES, INFORMATION AND CONTENT PROVIDED THEREBY OR VIA THE APPLICABLE
SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
9.4.
Although the
Company uses reasonable attempts to exclude viruses or the like from this Site,
it cannot ensure such exclusion. the Company assumes no responsibility, and
shall not be liable for any: (i) damages to or viruses or the like that may
infect your computer equipment or other property on account of your access to
or use of or browsing of this Site or your downloading of any material, data,
text, images or other from this Site and no liability is accepted for viruses
or the like. Please take all appropriate safeguards before downloading
information from this Site; and (ii) any damages and/or losses resulting from
your unverified reliance on information provided to the Company by third
parties.
10.
Limitation of
Liability
TO
THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL
THE COMPANY OR ANY OF ITS SUBSIDIARIES, AFFILIATES, STOCKHOLDERS, DIRECTORS,
OFFICERS, EMPLOYEES, LICENSORS OR SUPPLIERS (THE “COMPANY PARTIES”) BE LIABLE,
JOINTLY OR SEVERALLY, TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR USE OR
ACCESS THE SITE OR ANY CONTENT APPEARING VIA THE SITE AND RELATED SERVICE FOR
ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY
DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUE, PROFITS,
USE, DATA OR OTHER INTANGIBLES (COLLECTIVELY, THE “EXCLUDED DAMAGES”), WHETHER
OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT OR OTHER THEORY OF
LIABILITY, EVEN IF ANY OF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE
POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND
REGARDLESS OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY
APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, AND
THEN THE LIABILITY OF THE COMPANY PARTIES SHALL BE
LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
11.
Forum and
Participation Guidelines
Participation
in forums or the like in various related topics made available through the Site
will be governed by the "Forum and Participation Guidelines" section
referenced below.
12.
Indemnification
You
agree to indemnify, defend and hold harmless Company, its officers, directors,
employees, agents, licensors, suppliers and any third party content providers
to this Site from and against all claims, losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from any violation of these
Terms by you.
13.
Termination
13.1. The Company reserves the right to refuse to grant access to this
Site, or to any part of it, and/or to provide services, to any user, in its
sole discretion and without prior notice.
13.2. The Company will be entitled to terminate the contractual
arrangement with you, in its sole discretion and without giving prior notice.
Upon termination of the contractual arrangement and/or the cancellation
thereof, you are required immediately to cease making use of this Site.
13.3. The Company will be entitled to cease supplying services through
the Site and/or to cease operating the Site, in whole or in part, in its sole
discretion.
14.
Remedies for
Violations
The
Company reserves the right to seek all remedies available at law and in equity
for violations of these Terms, including but not limited to the right to block
access from a particular Internet address to this Site and any other provider
and their features.
15.
Force Majeure
Any
shortcomings in relation to the execution of the services provided through the
Site cannot be attributed to a party should these not be due to the fault of
the party or when said party cannot be deemed responsible for them in
accordance with the law, the Terms or according to generally accepted
standards. The Company may invoke force majeure should the
Company's shortcoming be partly or fully the result of war, mobilization,
riots, flooding, fire, accidents, strikes, occupations, measures
set by the government, non-delivery of required tickets to the Company by third
parties and other unforeseen events.
16.
Governing Law
and Jurisdiction
The
Terms are governed by and construed in accordance with the laws of Ireland and
any action arising out of or relating to these Terms, which the parties are
unable to amicably resolve between themselves within 30 days, shall be
exclusively referred to arbitration in Dublin in accordance with the Rules of
Conciliation and Arbitration of the International Chamber of Commerce by one
arbitrator appointed in accordance with the said rules. Said arbitration shall
be conducted in English and the arbitrator shall be obligated to reason his
decisions.
17.
General
These
Terms constitute the entire agreement between you and the Company with
reference to this Site. Use of this Site is unauthorized in any jurisdiction
that does not give effect to all provisions of these Terms, including without
limitation this paragraph. In the event any provision of these Terms shall be
deemed unenforceable, void or invalid, such provision shall be modified so as
to make it valid and enforceable, and as so modified the entire Terms shall
remain in full force and effect. No failure or delay in exercising any right,
power or privilege hereunder shall operate as a waiver thereof, nor shall any
single or partial exercise thereof preclude any other or further exercise
thereof or the exercise of any right, power or privilege hereunder. The Company
reserves the right to change, suspend or discontinue any aspect of the services
and content provided through this Site at any time, without notice or
liability. You should periodically check these Terms and Privacy Policy posted
on this Site to review the current terms and guidelines applicable to your use.
Your continued use of this Site after such revisions constitutes your
acceptance of these revisions.
|
