Terms and Conditions
Last Updated: 1st May 2017
TESSERA TERMS AND CONDITIONS
Please read these Terms and Conditions carefully before purchasing a ticket.
Tessera sells tickets (the “Services”) as an agent on behalf of event organizers, promoters, performers and venues (each a “Seller”). We sell tickets to you and collect payment from you on behalf of such Sellers. We specifically reserve the right at any time to change or discontinue without notice, any aspect and/or feature of our Services. Each ticket is also sold subject to any additional terms and conditions of the Seller for the particular event (“Seller’s Terms”). The Seller’s Terms may be disclosed as part of the event information on Tessera’s website and at Tessera agents and outlets at the time of purchase. The Seller’s Terms are also available from Tessera on request.
TABLE OF CONTENTS
- Event Ticketing
- Booking and Payment Procedure
- Event Details
- Conditions of Entry
- Prohibition of Resale of Tickets
- Lost/Stolen/Destroyed Tickets
- Use of Website
- Account Registration/ Password
- Code of Conduct
- Content and Conditional Licence
- Copyright Infringement
- Parental Controls
- Mobile Device Application
- Warranties and Liability Limitations
In these Terms:
“You” refers to the user of our Services.
“We”, “us” and “our” refers to Tessera Ticketing Solutions Limited (and, unless the context indicates otherwise, its owners, employees, contractors, suppliers, service providers, agents and affiliates).
- Event Ticketing
- Booking and Payment Procedure
- You may submit booking requests for tickets to us by completing our automated booking process and submitting your payment information to us in the prescribed manner. Our booking process will provide you with an opportunity to review the entire transaction, to correct any mistakes and to withdraw from the transaction before finally submitting your booking request. Please make sure that the booking details are correct before submitting the booking request, since it is unlikely that any mistake you make can be rectified later.
- All ticket prices for events that occur in the Republic of Zambia are stated in Zambian Kwacha (ZMW). If you are making use of our service from outside Zambia you are solely liable for any currency conversion costs, exchange rate fluctuations and international bank fees that may be charged by your bank or financial services provider in addition to the advertised price of the ticket.
- A legally binding contract will be formed between us upon the earlier of (i) our sending of such a confirmation notice confirming our acceptance of your booking, or (ii) our delivery of the tickets ordered in accordance with these terms. We reserve the right not to accept or process your booking request and we will notify you if this is the case. In particular, we may refuse to sell you tickets to events for which you do not meet the specified qualification criteria, including if the number of persons in your booking exceeds any applicable limit specified for the relevant event.
- Please note that while we will try to send to you a confirmation notice for every valid booking request we receive from you, we cannot guarantee that such confirmation notice will be received by you, nor that, if they are received by you, that they will be legible and uncorrupted. Your failure to receive such confirmation notice will not affect the validity of the agreement concluded between us in respect of a booking.
- If you do not receive a confirmation notice after submitting your payment information, or if you experience an error message or service interruption after submitting your payment information, you should confirm with us whether or not your order has been received and processed. Only you may be aware of any problems that may have occurred during the booking process. WE WILL NOT BE LIABLE FOR ANY LOSSES YOU MAY INCUR IF YOU ASSUME THAT A BOOKING WAS NOT PROCESSED BECAUSE YOU FAILED TO RECEIVE OUR CONFIRMATION NOTICE.
- The information you have submitted with your booking request will be processed as you have provided it. If you realise that an error has been made or that you need to make a change to such information, you should contact us immediately.
- It is your responsibility to check your tickets; mistakes cannot always be rectified. While we try and ensure that all prices on our Site are accurate, errors may occur. If we discover an error in the price of tickets you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price (and credit or debit your account as applicable) or cancelling your order. If we are unable to contact you, you agree that we may treat the order as cancelled. If you choose to cancel after you have already paid the incorrect ticket price for the tickets, you will receive a full refund from us.
- These Terms shall override any contrary terms or conditions incorporated by you in your order and any such conflicting terms or conditions will not form part of any agreement concluded between us in respect of the booking of tickets.
- When purchasing tickets for a particular event you may be limited to a specified number of tickets to discourage unfair booking practices. If you exceed the stated ticket limit, you may have any or all of your orders and tickets cancelled without notice by Tessera at its discretion. This includes orders associated with the same name, e-mail address, billing address, credit or debit card number or other information. Ticket limits apply to ensure fair access to tickets for fans, and as a measure to minimise ticket scalping.
- You will pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred, including any applicable taxes. All prices indicated as applying to tickets will be inclusive of VAT but exclusive of any other taxes and duties, which, unless otherwise indicated, will be charged separately if applicable.
- We may impose conditions on your use of any coupon, promotional code or gift card. You may only use credit or debit cards, gift cards or vouchers that belong to you or to people who expressly authorize you to use such payment methods.
- You may not attempt to conceal your identity by using multiple Internet Protocol addresses or email addresses to conduct transactions on the Site. You will not hold us liable if you do not comply with laws related to your transactions. We may provide law enforcement with information you provide to us related to your transactions to assist in any investigation or prosecution of you. If we are unable to verify or authenticate any information or tickets you provide during any registration, ordering, purchase, ticket posting, sale, authentication, delivery, payment or remittance process, or any other process, or if we are no longer able to verify or authorize your credit card or bank account information, your tickets may be cancelled, we may refuse to honor all pending and future ticket purchases made with those credit card or bank accounts and/or via any online accounts associated with those credit card or bank accounts. We may also prohibit you from using the Site.
During your booking request you will select a delivery option based on what is available and these options may include: collecting your ticket from a store or point of sale machine, downloading an electronic ticket or reference number, printing your ticket at home or picking up your ticket at the venue.
If you are provided with electronic tickets containing unique identification numbers, barcodes and/or access codes, you are responsible for keeping such identification numbers, barcodes and/or access codes secure since such identification numbers, barcodes and/or access codes will enable the first user thereof to access to the relevant event and only a single use thereof will be permitted.
- Event Details
The details of the events for which tickets are offered are provided to us by the relevant Event Organisers (including the details of the relevant event organiser, venues and seating arrangements). As such, the Seller reserves the right to add, withdraw, reschedule or substitute artists and/or vary advertised programs, prices, venues, seating arrangements (including ticket categories) and audience capacity.
WE DO NOT ENDORSE ANY OF THE EVENTS AND WE DO NOT DETERMINE OR CONTROL TICKET PRICES OR AVAILABILITY IN RESPECT OF THE EVENTS AND CAN THEREFORE NOT ACCEPT RESPONSIBILITY FOR ANY INACCURACY, UNAVAILABILITY OR CHANGES IN PRICING THAT MAY OCCUR.
- Conditions of Entry
Your rights under the ticket issued to you are enforceable against the Seller only. Admission to an event is subject to the Seller’s Terms, including but not limited to:
- You may be denied entry into, or removed from, an event where the Seller has reasonable grounds to do so, including if you breach these Terms or the Seller’s Terms, or you are intoxicated, under the influence of illicit drugs, or adversely affecting the enjoyment of the event by others.
- Entry to an event may be refused if the authenticity or validity of a ticket is questionable, including because the ticket has been damaged or defaced in any way, or has not been purchased from Tessera or other authorised points of sale.
- You may not be permitted to take into the event, or use, cameras or other photographic or recording equipment (including mobile phones).
- You may be required to submit to a search of your person and/or possessions before entering the event.
- WE ARE NOT RESPONSIBLE FOR SECURING ANY VENUE, GRANTING YOU ADMISSION TO ANY VENUE OR FOR THE SECURITY OR SEATING ARRANGEMENTS FOR ANY VENUE, OR FOR THE SCHEDULING, TIMELY DELIVERY, SUITABILITY OR QUALITY OF PERFORMANCES, VENUES OR THE SEATING ARRANGEMENTS. PLEASE CONTACT THE RELEVANT EVENT ORGANISER IF YOU ARE DISSATISFIED WITH ANY OF THE AFORESAID.
- Prohibition of Resale of Tickets
Reselling of tickets purchased from us is strictly prohibited. Unlawful resale (or attempted unlawful resale) of a ticket is grounds for seizure or cancellation of that ticket without refund or other compensation and the ticketholder of the ticket may be refused admission. No ticket purchased from us may be used for advertising, promotion or competition purposes unless formal written authorization has been obtained from us, provided that even if such consent is obtained, you may not use our trademarks save as expressly authorised by us.
- Lost/Stolen/Destroyed Tickets
Only the first person using a ticket or, in the case of an electronic ticket, using the unique identification numbers, barcodes and/or access codes provided with such electronic ticket, will be permitted access to an event. Risk for loss and damage to the tickets shall pass to you upon your receipt thereof. Tickets that have been lost, stolen or destroyed will not be refunded or replaced for any reason.
- Occasionally, events are cancelled or postponed by the Seller for a variety of reasons. If the event is cancelled, please contact us for information on whether you are entitled to receive a refund from the responsible party.
- Tessera will only offer a refund or exchange of a ticket if an event is cancelled, rescheduled or significantly relocated by the Seller (and you cannot or do not wish to attend the rescheduled or relocated event), or to the extent otherwise required by law. You must apply for a refund within a reasonable time. Tessera does not offer refunds or exchanges as a result of a change in your personal circumstances.
- If an event is cancelled, rescheduled or significantly relocated by the Seller, all liability is limited to the amount for which the ticket was purchased (including any fees or charges). Proof of purchase may be required for any refund or exchange. Neither Tessera nor the Seller will be liable for any other losses incurred by you as a result of the cancellation, rescheduling or relocation of an event, including any travel and accommodation expenses.
- If a refund is issued hereunder, it will be issued using the same method of payment that was used to purchase the tickets. If a credit card was used to make the refunded purchase, then only that actual credit card will receive the credit for the refund.
- Use of Website
- Account Registration/ Password
- You may browse the Site without registering for an account. You will be required to register for an account to use certain features of the Site, such as purchasing a ticket.
- Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene.
- You will be required to choose a user name and a password when registering with us or using some of our services. You are responsible for keeping your user name and password secret. You will be required to enter your username and password every time you want to use one of our subscription services. YOU ACCEPT THAT YOU WILL BE PERSONALLY LIABLE FOR ALL TRANSACTIONS CONCLUDED ON YOUR ACCOUNT.We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password.
- You may not use another user’s account without that user’s permission.
- You will immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change your username and/or password if we believe your account is no longer secure or if we receive a complaint that your username violates someone else’s rights. You will have no ownership in your account or your username.
- We may refuse registration, cancel an account or deny access to the Site for any reason.
- Code of Conduct
- You agree that you are only authorised to visit, view and to retain a copy of pages of this Site for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than to review event and promotional information, for personal use, or to purchase tickets or merchandise for your personal use, unless otherwise specifically authorised by Tessera to do so.
- You may not access our Site for the purposes of redistributing or otherwise using any of our content for your own business purposes unless you are expressly licensed thereto by us in writing.
- You may not use your access to our Site in a manner that would bring us, our business and/or any of our affiliates into disrepute.
- You agree that you will comply with all applicable laws, rules and regulations.
- You agree that you will not restrict or inhibit any other person from using the Site.
- You agree that you will not use the Site for any unlawful purpose.
- You agree that you will not express or imply that any statements you make are endorsed by us, without our prior written consent.
- You agree that you will not impersonate any person or entity, whether actual or fictitious, including any employee or representative of our company.
- You agree that you will not post or transfer any material to our Site that is unlawful or violates any third party’s rights, which is obscene, misleading, inaccurate, defamatory, illegal, in breach of any copyright or other intellectual property right, or damaging to data, software or the performance of our or any other parties’ computer system or which comprises any advertisements, solicitations, chain letters, pyramid schemes, surveys, contests, investment opportunities or other unsolicited commercial communication.
- You agree that you will not submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party.
- You agree that you will not: submit or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates; engage in spamming or flooding; or harvest or collect information about Site users.
- Tessera does not promise that the Site will be error-free, uninterrupted, nor that it will provide specific results from use of the Site or any content, search or link on it. The Site and its content are delivered on an “as-is” and “as-available” basis.
- Tessera cannot ensure that files you download from the Site will be free of viruses or contamination or destructive features.
- THE DOWNLOADING AND USE OF DATA FROM OUR SITE IS DONE AT YOUR SOLE DISCRETION. YOU SHOULD INDEPENDENTLY VERIFY THE COMPLETENESS AND RELIABILITY OF INFORMATION OBTAINED FROM OUR SITE. ALSO BE AWARE THAT VIRUSES OR CODE WHICH MAY HAVE A HARMFUL EFFECT ON YOUR COMPUTER SYSTEM COULD BE TRANSMITTED TO YOU. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUITABLE PROTECTION MECHANISMS TO PREVENT SUCH HARM FROM OCCURRING.
- Content and Conditional Licence
The Site and all data, text, designs, pages, print screens, images, artwork, photographs, audio and video clips, and HTML code, source code, or software that reside or are viewable or otherwise discoverable on the Site, and all tickets obtained from the Site, (collectively, the “Content”) are owned by us or our licensors. We own a copyright and, in many instances, patents and other intellectual property in the Site and Content. We may change the Content and features of the Site at any time.
We grant you a limited, conditional, no-cost, non-exclusive, non-transferable, non-sub-licensable license to view this Site and its Content as permitted by these Terms for non-commercial purposes only if, as a condition precedent, you agree that you will not:
- Submit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
- Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you submit;
- Link to any portion of the Site other than the URL assigned to the home page of our site;
- “Frame” or “mirror” any part of the Site;
- Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Content;
- Remove any copyright, trademark or other proprietary rights notices contained on the Site;
- Use any robot, spider, offline reader, site search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Content or the Site, including with respect to any CAPTCHA displayed on the Site. Operators of public search engines may use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We may revoke this exception at any time and require removal of archived materials gathered in the past;
- Use any automated software or computer system to search for, reserve, buy or otherwise obtain tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Site, including sending information from your computer to another computer where such software or system is active;
- Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- Access, reload or refresh transactional event or ticketing pages, or make any other request to transactional servers, more than once during any three-second interval;
- Request more than 1,000 pages of the Site in any 24-hour period, whether alone or with a group of individuals;
- Make more than 800 reserve requests on the Site in any 24-hour period, whether alone or with a group of individuals;
- Reproduce, modify, display, publicly perform, distribute or create derivative works of the Site or the Content;
- Reproduce or scan tickets in a format or medium different from that provided by the Site;
- Decode, decrypt, modify, or reverse engineer any tickets or underlying algorithms or barcodes used on or in production of tickets or the Site;
- Use the Site or the Content in an attempt to, or in conjunction with, any device, program or service designed to circumvent any technological measure that effectively controls access to, or the rights in, the Site and/or Content in any way including, without limitation, by manual or automatic device or process, for any purpose.
This license is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this Ownership of Content and Grant of Conditional License section. This license exists only so long as you strictly comply with each of the provisions described in this section. Any use of the Site or Content by you or anyone acting on your behalf that does not strictly comply with each and every provision in this section exceeds the scope of the license granted to you herein, constitutes unauthorized reproduction, display, or creation of unauthorized derivative versions of the Site and Content, and infringes our copyrights, trademarks, patents and other rights in the Site and Content.
You will not acquire any ownership rights by using the Site or the Content. The registered and unregistered trademarks, logos and service marks displayed on the Site are owned by us or our licensors. You may not use our trademarks, logos and service marks in any way without our prior written permission.
- We are committed to protecting your private data. We will collate the information which you give to us to provide you with services and personalize your use and visits of this site. We may also use such information to inform you, the user, about changes in the services we offer and/or about features we think you would find of interest.
- We may use your personal data for the purposes of executing transactions concluded with you, for customer’s services and client administration, through both e-mail and SMS channels.
- We and our affiliates may also send you information regarding special offers and advertising by e-mail or SMS, within our regular newsletters or our once-off promotional offers. We may also make your personal information available to the event owners in order to enable them to offer their goods and services that may interest you. By using our services and by submitting your personal details, you consent to the above outlined terms and conditions.
- By using our services and by submitting your personal details, you consent to these purposes and to receive direct marketing material from us and/or our affiliates. If you do not want to receive the information as set above, please send an e-mail to us at email@example.com or amend your profile on the Tessera Site.
- We use technologies like cookies (small files stored on your browser), web beacons, or unique device identifiers to identify your computer or device so we can deliver a better experience. Our systems also log information like your browser, operating system and IP address.
- If authorized by you, we may also access profile and other information from services like Facebook.
- Our systems may associate this personal information with your activities in the course of providing service to you (such as pages you view or things you click on or search for).
- We do not knowingly contact or collect personal information from children under 13. If you believe we have inadvertently collected such information, please contact us so we can promptly obtain parental consent or remove the information.
- Our service does not currently recognize the “Do Not Track” signal that may be available in some web browsers.
- We and our commercial partners may use your personal data for the purposes of executing transactions concluded with you, for billing purposes or in order to serve relevant advertising to you. We and our affiliates in the Shoprite Group (including inter alia Shoprite Checkers (Pty) Ltd and its various retail, furniture and liquor divisions), may send you information, special offers and advertising by email, through SMS, within our regular newsletters, through once-off promotional offers or by telephone.
- Data and Security
We will try to ensure that sensitive payment information (such as your credit card details) provided to us are suitably protected. For such purposes we will implement reasonable security measures which may include cryptographic techniques to protect such information. HOWEVER, WE DO NOT GUARANTEE THE ABSOLUTE SECURITY OF ANY INFORMATION YOU TRANSMIT TO US OR THAT IS TRANSMITTED TO YOU OR ANY OTHER PERSON.
We have to protect our business and secure our Site and computer systems. Consequently, you should note that we may monitor and keep records of any communication that you may send to or receive from our Site and we may use, publish and disclose such communications for any lawful purpose. This may include our filtering of incoming and outgoing electronic data messages to identify, limit and/or prevent the transmission of unlawful or otherwise undesirable material or content.
If we determine that you have violated these Terms or the law, or for any other reason or for no reason, we may cancel your account and prevent you from accessing the Site at any time without notice to you. If that happens, you may no longer use the Site or any Content. You will still be bound by your obligations under these Terms. You agree that we will not be liable to you or any third party for termination of your access to the Site or to your account or any related information, and we will not be required to make the Site or your account or any related information available to you. We may also cancel any ticket or merchandise order, and tickets or merchandise acquired through your order. We may refuse to honor pending and future purchases made from all accounts we believe may be associated with you, or cancel a ticket or ticket order associated with any person we believe to be acting with you, or cancel your ticket postings, or exercise any other remedy available to us.
- Mobile Device Application
If you install or use our mobile application, software and services, including any accompanying documentation (collectively, “App”), we grant you a limited right to install and use the App on a single authorized device located in Zambia or in another country where we may offer the App. You may use the App for your personal, non-commercial and entertainment purposes only. We do not grant you any rights to any related documentation, support, upgrades, maintenance or other enhancements to the App. We will not provide you with any device, internet access or wireless connection to use the App. We are not responsible for any interaction between you and another App user, or information you transmit through the App (including your location).
- Warranties and Liability Limitations
- WE PROVIDE THE SITE AND THE CONTENT TO YOU “AS IS” AND “AS AVAILABLE”. WE TRY TO KEEP THE SITE UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
- ALTHOUGH WE TRY TO ENSURE THAT THE PARTICULARS OF THE EVENTS THAT APPEAR ON OUR SITE ARE DISPLAYED AND DESCRIBED COMPLETELY AND ACCURATELY, WE DO NOT WARRANT SAME AND DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW ANY LIABILITY ARISING FROM ANY OMISSIONS AND INACCURACIES PERTAINING TO SUCH DISPLAY AND DESCRIPTION SAVE TO THE EXTENT THAT SUCH LIABILITY IS CAUSED BY OUR GROSS NEGLIGENCE OR FRAUD.
- Tessera acts as agent for the Seller in the sale of all tickets. As such, except as specified in these Terms, all claims in connection with tickets or events are the sole responsibility of the Seller and, except to the extent required by law Tessera otherwise has no liability to you.
- Tessera disclaims any and all liability for the acts, omissions and conduct of any third party users, Tessera users, advertisers and/or sponsors on the Site, in connection with the Services or otherwise related to your use of the Site and/or the Services. Tessera is not responsible for the products, services, actions or failure to act of any venue, performer, promoter or other third party in connection with or referenced on the Site.
- IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING IN CONNECTION WITH ANY BOOKING EXCEED THE TICKET PRICE ACTUALLY RECEIVED FROM YOU IN RESPECT OF SUCH BOOKING, IRRESPECTIVE OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, STATUTE OR DELICT, INCLUDING FOR NEGLIGENCE), SAVE TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED BY LAW.
- IN NO EVENT WILL WE OR OUR EVENT PROVIDERS, SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE OTHER THAN OUT OF POCKET EXPENSES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE SITE TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE, (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR (f) ANY LOST, STOLEN OR DAMAGED TICKETS, OR THE FAILURE OF A VENUE TO HONOR A TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN US IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US. IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE. OUR LIABILITY WILL BE LIMITED UNDER THIS PARAGRAPH TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE PROVISIONS OF THIS PARAGRAPH WILL NOT APPLY TO THE EXTENT APPLICABLE LAW PERMITS THE RECOVERY OF DAMAGES, ATTORNEYS’ FEES OR COSTS OTHERWISE PROHIBITED UNDER THIS PARAGRAPH.
- Attendance at an event may be hazardous to the health or safety of the attendees or their property. YOU ATTEND EVENTS AT YOUR OWN RISK. WE ARE NOT RESPONSIBLE FOR THE ARRANGEMENTS OF ANY EVENT OR FOR YOUR SECURITY OR THE SECURITY OF YOUR PROPERTY IN ATTENDING SUCH EVENT. Please contact the relevant Seller if you have suffered any loss or damage in attending an event. Tessera and the Seller accept no responsibility for any of your personal property.
If anyone brings a claim against us related to your use of the Site, the Content, or your violation of these Terms, you agree to indemnify, defend and hold us and our affiliated companies, event providers, suppliers, advertisers and sponsors, and each of our officers, directors, employees, and agents, harmless from and against any and all claims, damages, losses and expenses of any kind (including reasonable legal fees and costs). We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.
For the purpose of this clause “Dispute” means any dispute, difference of view, disagreement, controversy or claim arising out of or relating to these Terms or the interpretation or performance of provisions of these Terms or the breach, termination or validity thereof, which the parties are unable to resolve by mutual agreement within a reasonable time. In the event of any Dispute, any party may give notice in writing to the other party to require such Dispute to be referred to the arbitration of a single arbitrator to be agreed by the parties and the arbitration shall be conducted in Lusaka, Zambia. If the parties fail to agree on who shall act as a single arbitrator as above within two calendar months from receipt of the aforesaid notice, then the arbitrator shall be chosen by the Chartered Institute of Arbitrators (Zambia).
You agree that your abusive use of the Site may cause damage and harm to us, including impaired goodwill, lost sales and increased expenses. You also agree that monetary damages for your abusive use of the Site are difficult to determine and that if you, or others acting with you, request more than 1,000 pages of the Site or make more than 800 reserve requests on the Site in any 24-hour period, you, and those acting with you, will be jointly and severally liable for liquidated damages in the amount of five kwacha (ZMW 5) for each page request or reserve request made during that 24-hour period which exceeds those limits.
Nothing contained in these Terms shall be deemed to constitute either party a partner, joint venture, employee or agent of the other party for any purpose. If a court finds any provision of these Terms invalid or unenforceable, the remainder of the Terms shall be interpreted so as best to effect the intent of the parties. These Terms expresses the complete understanding of the parties with respect to the subject matter and supersedes all prior proposals, agreements, representations and understandings (provided that each ticket is also sold subject to any Seller’s Terms). The failure by Tessera to exercise any right provided in these Terms shall not be a waiver of prior or subsequent rights. These Terms are governed by and are to be construed in accordance with Zambian law.