Kabodler Buyer T&CS.odt

KABODLER

Purchase Terms & Conditions

This is a legal agreement between you and Kabodler Ltd (“Kabodler”) stating the terms that govern your use of the website www.kabodler.com (“Website”) and the service owned and operated by Kabodler (collectively the "Kabodler Service") (the “Agreement”). By using the Kabodler Service in any manner, including but not limited to visiting or browsing the Website, you agree to be bound by this agreement. To agree to these terms, click “Agree”. If you do not agree to these terms do not click “Agree” and do not use the service.

1. Kabodler Service

Kabodler is an on-demand event management platform, software provider that permits you to buy or redeem tickets to events (“Tickets”) which Tickets may also contain either:-

(1)         digital media (including without limitation sound recordings and the musical works embodied therein, associated copyrightable works or metadata, song lyrics and musical notations, album cover artwork, photographs, graphics, descriptive text, literary works, dramatic works, broadcasts, performances and films and more) (“Downloads”) and/or

(2)        a promotion (for a discount on a product and/or service or to receive a free product and/or service including without limitation drink, food, merchandise and more) (“Promotion”)

under certain terms and conditions as set forth in this Agreement and as agreed between you and the seller of the Product (as defined below) (“the Seller”). Kabodler is not the seller of the Product.

Any Ticket which is given away for free shall be referred to as a Free Ticket (and may (or may not) also be combined with a Download and/or a Promotion).

All Tickets (including Free Tickets) (with or without Downloads and/or Promotions) shall be referred to as “the Product”.

2. Registration

You may browse the Website and view content without registering, but as a condition to using certain aspects of the Kabodler Service, you may be required to register with Kabodler. On registering with the Kabodler Service, you will need to provide your email address and a password which must be used in order to access certain restricted parts of the Website. This is personal to you and is not transferable. Your email address and password are the methods used by us to identify you. You are responsible for all information posted on the Website by anyone using your email address and password and any payments due for services accessed through the Website by anyone using your email address and password. Your password and email address are your responsibility. If you believe that your security has been compromised it is your responsibility to change your password. You may reset your password at any time.

3. Purchase

You may purchase or redeem (as applicable) Products from Sellers through the Website. All enquiries regarding purchases or redemptions made from Sellers must be directed to the relevant Seller. You warrant that if you make a purchase using the Website, you shall be able to make full and immediate payment for the requested Product.

Your purchase of each Product you obtain through the Kabodler Service is subject to your acceptance of the terms and conditions set forth herein. You acknowledge that your purchase of each Product through the Kabodler Service is also subject to a binding agreement between you and the seller of the Product (the “Seller”) and that the Seller is solely responsible for the Product, the content therein, any warranties to the extent such warranties have not been disclaimed and any claims you or any third party may have relating to the Product or your use of the Product. You acknowledge that, with respect to the Products, Kabodler provides the platform and software for the Seller to sell Product to you and is not responsible for the Product, the content therein, or any warranties or claims you or any third party may have relating to the Product or your use of the Product. The Seller is the retailer.

5. Payment Methods

Sellers will attach their own payment gateway account to the Kabodler Service. All major debit and credit cards should be accepted by these payment service providers (which include without limitation PayPal, Google Checkout, WorldPay etc.) (“Payment Service Provider”).

6. Prices

The price of any Product is determined by the Seller and includes VAT. Sellers may also apply a booking fee for each Ticket purchased. If applicable, the Booking Fee is non-refundable at all times.

If you would like a VAT receipt you must contact the Seller who is responsible for paying VAT on Products sold.

7. Personal Information

As a condition to using certain features of the Kabodler Service you may be required to provide certain personal information to Sellers, such as your e-mail address, country of residence and postal code ("Information"). This Information will be held solely for Sellers to communicate with you in the case of cancellation of an event or notification of a change of venue and/or line up unless you have ticked a box agreeing otherwise in which case Sellers may use the Information for such stated purpose (such as their mailing list, in order to provide you with general information and news about the Seller).

As a condition to each such Seller’s right to receive such Information, Kabodler requires each Seller to agree to certain terms as set forth in this Agreement. Notwithstanding the foregoing, you acknowledge that Kabodler has no control over the use of the Information by Sellers and you further acknowledge and agree that Kabodler shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the Seller’s use of such Information.

For the avoidance of doubt, Kabodler does not hold any credit card information.

8. Cancellation and Refunds

Kabodler is not responsible for notifications of cancellations and/or refunds. For any dispute, refund and/or cancellation problem you must contact the Seller directly.

Any cancellations and/or refunds will be the Seller’s responsibility. The Kabodler Service provide Sellers with your email address solely for this purpose (unless you have opted in otherwise) and will allow Sellers to contact you by email you if you have bought tickets to a cancelled event to notify you and to refund you directly.

 

9. Product Usage Terms & Conditions

Your use of any of Products purchased or redeemed through the Kabodler Service is conditional upon your prior acceptance of the terms of this Agreement and the applicable end-user agreement between you and the Seller.

Please note we do not purchase the Products, sell the Products, set the Product prices, or in the event of Tickets determine seating locations at events.

WE DO NOT POST OUT TICKETS.

10. Content

You understand that all Products, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Kabodler Service is the sole responsibility of the person from whom such Content originated. You understand that Kabodler does not control and is not responsible for Content made available through the Kabodler Service and that by using the Kabodler Service you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Content available through the Kabodler Service may contain links to other websites, which are completely independent of Kabodler.  Kabodler makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. You agree that you must evaluate and bear all risks associated with, the use of any Content, that you may not rely on said Content and that under no circumstances will Kabodler be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Kabodler Service. You acknowledge that Kabodler does not pre-screen or approve Content, but that Kabodler shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Kabodler Service, for violating this Agreement or for any other reason.

11. Third Party Content, Sites and Services

The Content available through the Kabodler Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Kabodler including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services and the Internet as a whole.  Your interactions with organisations and/or individuals found on or through the Kabodler Service, including payment and delivery of goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.  You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.  You agree that Kabodler shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Kabodler is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Kabodler, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.

12. Intellectual Property

You agree that the Kabodler Service contains proprietary information and material that is owned by Kabodler and/or the Sellers, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Kabodler Service in compliance with the terms of this Agreement. No portion of the Kabodler Service may be reproduced in any form or by any means, except as expressly permitted hereunder. You agree not to modify, rent, lease, loan, sell, assign, transfer, distribute, sublicense or create derivative works based on the Kabodler Service, in any manner, and you shall not exploit the Kabodler Service in any unauthorised way whatsoever, including but not limited to, by trespass or burdening network capacity. The use of any part of the Kabodler Service, except for use of the Kabodler Service as permitted in this Agreement is strictly prohibited and infringes on the intellectual property rights of others and may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement. Any reproduction, modification, creation of derivative works from or redistribution of the Kabodler site or the collective work and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Kabodler. You further agree not to reproduce, duplicate or copy Content from the Kabodler Service without the express written consent of Kabodler and agree to abide by any and all copyright notices displayed on the Kabodler Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Kabodler Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Kabodler Service.

13. Termination.

Kabodler may terminate your access to all or any part of the Kabodler Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions on the Website. All provisions of the Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

14. Disclaimer of Warranties

YOU AGREE THAT USE OF THE KABODLER SITE AND THE KABODLER SERVICE IS ENTIRELY AT YOUR OWN RISK. THE KABODLER SITE AND THE KABODLER SERVICE ARE PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND.  ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.  TO THE FULLEST EXTENT PERMITTED BY LAW, KABODLER DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE KABODLER SITE AND THE KABODLER SERVICE.  TO THE FULLEST EXTENT PERMITTED BY LAW, KABODLER DISCLAIMS ANY WARRANTIES FOR OTHER PRODUCTS SOLD OR REDEEMED THROUGH THE KABODLER SITE.  TO THE FULLEST EXTENT PERMITTED BY LAW, KABODLER DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE KABODLER SITE OR THE KABODLER SERVICE.  Some jurisdictions do not allow the disclaimer of implied warranties.  In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

15. Limitations of Liability

UNDER NO CIRCUMSTANCES SHALL KABODLER BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF KABODLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE KABODLER SITE OR THE KABODLER SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE KABODLER SERVICE, FROM INABILITY TO USE THE KABODLER SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE KABODLER SERVICE.  SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER PRODUCTS RECEIVED THROUGH THE KABODLER SERVICE AS WELL AS BY REASON OF ANY INFORMATION RECEIVED THROUGH THE KABODLER SERVICE.  THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted.  In such jurisdictions, some of the foregoing limitation may not apply to you.

16. Indemnity

You agree to indemnify and hold Kabodler, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of your use of the Kabodler Service, your violation of this Agreement, your breach of any of the representations and warranties herein, or your violation of any rights of another.

17. General Information

This Agreement constitutes the entire agreement between you and Kabodler and govern your use of the Kabodler Service, superceding any prior agreements between you and Kabodler. This Agreement is governed by English Law and any disputes arising out of any transaction with Kabodler are subject to the exclusive jurisdiction of the English Courts. The failure of Kabodler to exercise or enforce any right or provision of the terms and conditions contained herein shall not constitute a waiver of such right or provision. If any provision of the terms and conditions of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of this Agreement remain in full force and effect.