Ticket Sales Agreement - Terms of Service

If you are buying or selling tickets on this site please take a moment to carefully review the following information.

 

Ticket Sales Agreement- Terms of Service

Share There Enterprises Inc.

Effective November 22, 2016

 

THIS TICKETING SERVICES AGREEMENT ("Agreement") is made by and between Share-There Enterprises Inc (Share-There) a British Columbia corporation, with a principal place of business at Roberts Creek, BC ("Company," "Share-There," "We," "Us," or "Our" ), and you, a person, organization or other entity (“User”, “Event Organizer”, “Event Promoter”, “Customer”, “Purchaser”, "You" or "Your"). You, as a User of the Website, are authorized to provide access to Events. The parties, intending to be legally bound, hereby agree as follows:

BY CLICKING “I Agree to the Ticket Sales Agreement- Terms of Service” ("TOS"), YOU REPRESENT THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND THE PRIVACY POLICY EACH HEREBY INCORPORATED BY REFERENCE, AND EXPRESSLY AGREE TO, AND CONSENT TO BE BOUND BY, ALL OF THE TERMS AND CONDITIONS CONTAINED THEREIN. THIS AGREEMENT SHALL HAVE THE SAME LEGAL EFFECT AND FORCE AS A WRITTEN AND SIGNED DOCUMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS, WE WILL PROMPTLY CANCEL THIS TRANSACTION AND YOU WILL BE UNABLE TO ACCESS THE share-there.com WEBSITE (THE "WEBSITE") AND THE SERVICES THAT IT OFFERS. WE RESERVE THE RIGHT TO DECLINE YOUR REQUEST FOR SERVICES FOR ANY REASON AND WITHOUT NOTICE.

Share-There has the right to modify this Ticket Sale Agreement-TOS at our discretion, and the terms will become effective immediately upon publication to this website.

 

1. SATISFACTION POLICIES

We provide the ticketing software used to process ticket sales and admissions for the events and ferry services listed on this website. We are not responsible for the safety, production, experience or cancellation of ferry services or events on our system. If you are unsatisfied with your experience with an event or ferry service listed on the Share-There system, you must speak to a valid representative of the event or ferry service

 

2. STATUS AS CONTENT PROVIDER

Share-There is not responsible for any content posted or displayed on any page within the Share-There website by our registered Users, Event Promoters, Transportation Operators, Customers or You. Such information does not represent the viewpoints or opinions of our company. Share-There cannot be held responsible for any agreements, contracts, unfulfilled promises or any communication made between You and a third party. Share-There is not responsible for any illegal or unlawful material — including defamatory or copyrighted material — posted to an event page by a User, Business Clients, Customer or Purchaser on our system.

 

3. ACCURACY OF INFORMATION

Users of any of Share-There services certify that any information provided to us is complete and accurate. Share-There uses PayPal to validate the billing information you provide to us; however, if we are unable to do so, we reserve the right to cancel your tickets or prohibit you from using this website.

 

4. REPRESENTATIONS AND WARRANTIES

As a User who is promoting an Event or Transportation Service on the Website, You represent and warrant the following: (i) You are a producer, promoter, presenter, operator or manager of the Event or Transportation Service; (ii) You have the authority and right to offer, sell, and honour the tickets to the Event or Transportation Service sold on Our website; (iii) the Event/Transportation Service; itself and any material or content provided by You to Us for use on Our website is/are not (and does not contain, promote, or link to material or content that is) pornographic, defamatory, grossly offensive, harassing, malicious, illegal, or otherwise objectionable, and do not infringe or violate (or contain, promote or link to material or content that infringes or violates) the rights of any person or entity, including, but not limited to, copyright, trademark, trade secret, proprietary, intellectual property, and rights of privacy and/or publicity, whether by statute or common law; and (iv) the Event/Transportation Service and the sale of tickets to the Event/Transportation Service does not constitute a violation of any federal, provincial, and/or local law

 

5. MISREPRESENTATION OF EVENT OR TRANSPORTATION SERVICE 

The Event or Transportation Service must be accurately and truthfully described when You submit the Event or Transportation Service listing to Share-There to be posted on the Site. If We discover and determine, in Our sole discretion, that You misrepresented the Event or Transportation Service We will cancel ticket sales. If We determine that You repeatedly engage in the conduct described in this paragraph, Your account will be terminated and any other Events or Transportation Service submitted by You will be cancelled pursuant to this Agreement and Share-There reserves the right to take other actions or pursue additional remedies as permitted by law.

 

6. ALTERATION OF EVENT LISTINGS

Share-There reserves the right to expunge any Event or Transportation Service from the Share-There website at any time, under any circumstances, and for any reason.

 

7. REFUND POLICIES

a)Users who are promoting the event (“Event Promoters”) or Transportation Service ("Transportation Operators") are responsible for communicating Your refund policy to Your Customers.

b)Share-There is unable to offer refunds after a ticket has been purchased. 

c)The Event Promoter or Transportation Service Operator is responsible for refund availability and duration. Share-There will not have any liability whatsoever to Users with respect to the cancelled tickets, events, transportation services, funds or failure to issue refunds. Notwithstanding any other term, Share-There will not be considered an Agent of any User, Event Promoter or Transportation Operator. Any disputes between Users, Event Promoters and/or Transportation Operators must be resolved directly between those Users, Event Promoters or Transportation Operators. Share-There will not have any liability or responsibility of any kind arising from any disputes between Users, Event Promoters and/or Transportation Operators. Without limiting the foregoing, Share-There will not have any responsibility or obligation to mediate or adjudicate any such disputes.

 

8. POSTPONED EVENTS or TRANSPORTATION SERVICES

If an Event or Transportation Service is postponed to a later date, it is the Event Promoter's or Transportation Operator's responsibility to update the listing and notify Share-There. In such a case, the Event Promoter/Transportation Operator is required to accept outdated tickets for entrance into the Event or Transportation Service. 

 

9. PRIVACY POLICIES

Your name, contact details and purchase information is provided to the Promoter of the event or Transportation Service to which you have purchased tickets. For more information please carefully read the website Privacy Policy.

10. SHARING RIDES TO EVENTS/TRANSPORTATION SERVICES

If You choose to offer or request a ride to an Event or Transportation Service, using the Share-There Website, You are required to sign-up for the Ride Sharing Service and agree to Share-There's User Agreement- Terms of Service.

 

11. REFUSAL OF SERVICES

Share-There reserves the right to bar You and any User from use of any or all of Share-There’s services at any time, under any circumstances, and for any reason. Violation of any of the guidelines below will always result in such punitive action.

 

12. ILLEGAL CONTENT

Posting or linking to any illegal or unlawful content — including defamatory or copyrighted materials — on the Share-There website will result in the termination of all services that Share-There provides to You.

 

13. PROHIBITED CONTENT

Posting any of the following on the Share-There website may result in the termination, without compensation, of all services that  Share-There provides:

  • Any communication that incites or promotes racism, sexism, homophobia, bigotry or physical harm to others

  • Any communication that promotes harassment of others

  • Any pornographic or sexually explicit material

  • Any communication that solicits personal information for commercial or advertising purposes that is not otherwise approved by Share-There

  • Any communication intended to engage others in commercial activities that is not otherwise approved by Share-There

 

14. TICKET PURCHASING FEES

Event Promoters and Transportation Service providers will receive the proceeds of ticket sales directly to their own PayPal Account.

The following fees and charges will be automatically added onto each customer's ticket and/or order:.

  • Share-There charges a per-ticket service fee of 4.5%

  • The applicable PayPal fees are also automatically added to each ticket and/or order at a rate of 2.9% + $0.30 per sale, as per PayPal rates, which are subject to change and are not controlled by Share-There.

By purchasing tickets from Share-There, you agree to pay these fees and understand that the fees will not be refunded under any circumstances.

We will charge Users, Event Promoters and/or Transportation Service providers for all applicable Fees as stated in this Agreement. Service fees may change periodically (thus, You should check this link periodically to familiarize Yourself with our current fee schedule). All Fees and any other monies contemplated by this Agreement are payable in Canadian Dollars, or in any foreign currency accepted by Share-There for Events and/or Transportation Services in another country or jurisdiction, as shown on our Site.

 

15. ACCEPTABLE METHODS OF PAYMENT

Share-There accepts credit cards and debit cards via the PayPal system on the website.

 

16. INDEPENDENT RELATIONSHIP- PAYPAL

a) You and Your Customers effect the applicable monetary payment transaction through the PayPal service, and are bound by the applicable terms of use governing PayPal. Share-There is not affiliated with, does not endorse or recommend, and has no agency or employment relationship with, the PayPal service provider.

b Share-There has no responsibility for or control over, and hereby disclaims all liability arising from or relating in any way to, the acts or omissions of PayPal or Your use of PayPal (including, without limitation, any fraud or other losses or any unauthorized loss, destruction, use, disclosure or alteration of Your or Your Customer's data that may occur in connection with Your use of PayPal). You understand and acknowledge that PayPal may experience errors and interruption and may not be totally secure, and that Your use of the PayPal is entirely at Your own risk.

 

17. TAXES; WITHHOLDING.

a) You are responsible for (and will indemnify and hold harmless Share-There against) all taxes or other governmental charges associated with Your Event/Transportation Service or Your sale of tickets through the Service. It is Your responsibility to know if any applicable laws apply to You and to adjust the ticket price accordingly to account for Your payment of these taxes.

b) If Share-There determines that it is required to collect or pay any such taxes or other charges, it may deduct such amounts from any balance payable to You under this Agreement or else invoice You for such taxes or other charges. Share-There reserves the right to withhold the payment of any amounts owed to You hereunder if Share-There suspects or determines that such amounts have been generated in (i) a fraudulent manner, (ii) violation of this Agreement, or (iii) violation of any applicable laws or regulations (foreign or domestic). Such withholding may be temporary or permanent (as determined by Share-There).

 

18. TICKET PURCHASING LIMITS

In order to discourage unfair ticket purchase practices, Event Promoters/Transportation Operators may set maximum limits for the number of tickets purchased per person. Share-There is not responsible for these limits, nor are we able to circumvent them in any way. Any attempted or actual circumvention of these limits by another User or Customer will result in the termination of any further use of any Share-There services and the nullification of any tickets purchased. Share-There is not responsible for any loss or damages arising out of any attempted or actual circumvention of these limits.

 

19. UNLAWFUL TICKET RESELLING

Share-There in no way condones the unlawful resale of tickets. Any unlawful attempt to resell tickets purchased through Share-There will result in Share-There terminating those tickets without compensation, as well as the User or Customer being barred indefinitely from use of any Share-There services.

20. EVENT RESTRICTIONS

When submitting Your Event or Transportation Service to Share-There to be listed on Our Service, it is Your responsibility to provide to Us any event restrictions associated with said Event or Transportation Service. Any Event or Transportation Service that requires a restriction for admission, including, but not limited to, age, school or organizational affiliation, or other characteristics or requirements, must be clearly stated by You upon submission to Us. It is Your responsibility to ensure that said restriction is lawful and does not violate any federal, provincial, or local laws, or any applicable foreign laws, prior to submitting the Event or Transportation Service to Us. It is also Your responsibility to verify that all customers can be admitted to Your Event or Transportation Service.

 

21. ACCESS

You understand and agree that the Site may, at times, be inaccessible or inoperable for any reason, including, but not limited to: (i) equipment or communications malfunctions; (ii) periodic maintenance, repairs, or administrative reviews which We may undertake from time-to-time; or (iii) causes beyond Our reasonable control or which are not reasonably foreseeable by Us, such acts of government or the malicious or criminal acts of third parties. Share-There will not be responsible for any losses or damages arising from any such inaccessibility or inoperability.

 

22. TECHNICAL SUPPORT

Share-There will provide technical and other customer support to You by which You can obtain technical assistance in dealing with any difficulties which may arise in connection with Your use of Our Site. You can access support at info@share-there.com. We attempt to provide such support in a timely manner, but make no guarantees that We will respond to Your inquiry by a particular time.

 

23. NON-SOLICITATION

You agree that You shall not solicit or contact for the purpose of soliciting, or assist anyone else in soliciting or contacting for the purpose of soliciting, via e-mail or through other means, any of Our Users (including any Business Clients, Event Promoters, Transportation Service providers, Customers or other Users,) you interact with through the Site or the Services in order to purchase, buy, acquire, or obtain any other product, service, or other solicitation, or for the purpose of terminating, altering, or in any way modifying Our Users' relationship with Us.

 

24. PROMOTION OF EVENT

You shall use reasonable efforts to create, produce, and distribute marketing and promotional materials, and/or otherwise create marketing and promotional campaigns, which state that tickets to Your Event or Transportation Service shall be available for sale at the Share-There website.

 

25. TERMINATION

Except as provided elsewhere in this Agreement, either party may terminate this Agreement at any time upon seven (7) calendar days notice to the other. If You terminate this Agreement after you have submitted your Event/Transportation Services to us, Your Event or Transportation Service ticket sales shall be cancelled as provided in this Agreement.

 

26. REFERENCES

You grant us a limited, worldwide, royalty-free license to reproduce and use Your company or organizational name, logos and trademarks (and to authorize our service providers and media outlets to do so) in advertising or promotional materials, in any and all media (including print and Internet), whether now or hereafter existing, for the purpose of referring to you as a Share-There User, Business Client and/or Customer describing our services for you.

 

27. VIOLATION OF TERMS

If you violate any of the terms herein, Share-There reserves the right to terminate your account, bar you from using any  Share-There services, cancel any ticket orders and take appropriate legal action.

 

28. EXTERNAL LINKS

Share-There is not responsible for any content or services provided by any websites outside of the Share-There website. This includes any content posted on the event organizer’s or Transportation Service provider's website or on any sites linked from the event pages.

29. ASSUMPTION OF RISK, WAIVER, RELEASE, COVENANT NOT TO SUE AND INDEMNIFICATION AGREEMENT 

You hereby acknowledge and agree that You are aware that promoting Events or Transportation Services, purchasing and/or selling tickets at share-there.com has inherent risks, including without limitation risks of personal or bodily injury, death and property damage arising from the negligent or intentional acts or omissions of other Users or other parties. Such acts or omissions may include, without limitation, negligent design, manufacture, maintenance and/or operation of motor vehicles/ferries; criminal or intentional misconduct of other Users of the Service; and other acts or omissions that may not even be presently foreseeable.

IN CONSIDERATION OF SHARE-THERE, AS APPLICABLE, PERMITTING YOU TO USE THE SERVICE, YOU HEREBY FREELY AND VOLUNTARILY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM. YOU FURTHER:

A. RELEASE ANY AND ALL CLAIMS, DEMANDS, ACTIONS, SUITS, AND PROCEEDINGS (WHETHER CIVIL, CRIMINAL, OR ADMINISTRATIVE) AND ALL LIABILITIES, LOSSES, EXPENSES (INCLUDING REASONABLE LEGAL FEES), COSTS, OR DAMAGES THAT YOU HAVE OR MAY HAVE IN THE FUTURE AGAINST SHARE-THERE, LOCAL BUSINESS CLIENTS AND/OR THEIR RESPECTIVE OFFICERS, TRUSTEES, DIRECTORS, EMPLOYEES, AGENTS, VOLUNTEERS, REPRESENTATIVES AND/OR CONTRACTORS (ALL OF WHOM ARE HEREINAFTER COLLECTIVELY REFERRED TO AS THE "RELEASEES"), WAIVE ALL SUCH CLAIMS AND AGREE NOT TO BRING ANY ACTION OR SUE ANY OR ALL OF THE RELEASEES FOR SUCH CLAIMS, DEMANDS, ACTIONS, SUITS, AND PROCEEDINGS (WHETHER CIVIL, CRIMINAL, OR ADMINISTRATIVE) AND ALL LIABILITIES, LOSSES, EXPENSES (INCLUDING REASONABLE LEGAL FEES), COSTS, OR DAMAGES ARISING DIRECTLY OR INDIRECTLY OUT OF YOUR REGISTRATION FOR THE SERVICE, PURCHASE OF TICKETS AND/OR PARTICIPATION IN RIDE SHARING, INCLUDING BUT NOT LIMITED TO CLAIMS, DEMANDS, ACTIONS, SUITS, AND PROCEEDINGS (WHETHER CIVIL, CRIMINAL, OR ADMINISTRATIVE) AND ALL LIABILITIES, LOSSES, EXPENSES (INCLUDING REASONABLE LEGAL FEES), COSTS, OR DAMAGES ARISING OUT OF THE ACTUAL OR ALLEGED NEGLIGENT ACTS OR OMISSIONS OF ANY OR ALL OF THE RELEASEES;

B. AGREE TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES FROM AND AGAINST ANY AND ALL LIABILITY FOR ANY DAMAGE TO THE PROPERTY OF, OR PERSONAL OR BODILY INJURY OR DEATH TO, ANY PARTY, RESULTING FROM YOUR REGISTRATION FOR AND/OR USE OF SHARE-THERE; AND

C. AGREE THAT IF YOU ARE DISSATISFIED WITH THE SERVICE OR THE MATERIALS AVAILABLE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING SHARE-THERE.

You understand and agree that this Agreement is to be as broad and inclusive as is permitted by the laws of the Province of British Columbia, and that if any portion of this Agreement is held invalid, the remaining terms shall continue in full force and effect. This Agreement shall be binding upon You, as well as Your successors, executors, personal representatives, heirs and assigns.

YOU HEREBY ACKNOWLEDGE AND REPRESENT THAT YOU HAVE READ, UNDERSTAND AND FULLY AGREE TO THE TERMS OF THIS AGREEMENT, AND THAT YOU VOLUNTARILY WISH TO USE THE SERVICE SUBJECT TO THE TERMS AND CONDITIONS STATED HEREIN.

YOU ARE AWARE THAT WHEN YOU BUY OR SELL TICKETS ON THIS WEBSITE AND/OR CLICK "I have read and agree to the Ticket Sales- Terms of Service.", YOU ARE WAIVING CERTAIN LEGAL RIGHTS WHICH YOU AND/OR YOUR SUCCESSORS, HEIRS, EXECUTORS, PERSONAL REPRESENTATIVES AND ASSIGNS MAY HAVE AGAINST THE RELEASEES.

 

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