1. Introduction: The following terms and conditions have been formed by Biletwise OU (“Biletwise”) to put in order the matters in relation with benefit from any kind of purchase, sale, and similar services to be made via https://www.biletwise.com/ (“website”). The rules to be obeyed and the steps to be followed during the ticket transactions to be realized between the users are given below. By using our website, you accept all terms and conditions. biletwise reserves the right to make changes to the terms and conditions at any time, which will become effective after being announced on our website. In this way, the users will be assumed to continue to use our website by accepting new terms and conditions. If you happen not to accept the new terms and conditions, you have the right not to make transactions on our website or to cancel your account, if any.
1.1. Ticket Transactions: Biletwise offers a service to members who want to buy tickets ("Buyer") and sell tickets ("Seller"). Biletwise is not the ticket owner, the real transactions are made between the buyer and the seller. Once the buyer and seller enter into a transaction, all transactions will be under biletwise guarantee.
1.2. Biletwise Guarantee: When you buy a ticket via biletwise, biletwise guarantees that you will receive the tickets you have paid for on time. In case there is a problem with the ticket sale and the original ticket seller cannot provide you with the tickets listed for the sale, biletwise will, at its sole discretion, review identical ticket prices and supply you with new tickets at no additional cost or refund your ticket. Biletwise reserves the right to determine new tickets with "identical-price". When you sell tickets through biletwise, biletwise guarantees that you will receive the payment for your sale provided that you will fully provide the event tickets listed for the sale and the ticket buyer receives the ticket required to participate in the event, either electronically or hardcopy.
1.2.1. Ticket Guarantee: Tickets listed on biletwise generally belong to high-demand(sold-out) events and biletwise is not an official sale channel. Biletwise does not offer a ticket guarantee for side-by-side/consecutive seats for lists whose block-row-seat number information is not fully expressed in listing details. In the sales of the ads listed in this way, transactions will not be canceled or refunded to the buyers as long as the users deliver the tickets from the same tribune or section (which means tickets have access to each other in the venue).
1.2.2. Sale Offset: Biletwise reserves the right to supply the similar, equal (different blocks belonging to the same category), higher or lower (according to biletwise categorization) tickets from different sellers for the tickets sold but not or wrong supplied by the seller for any reason. For the tickets from the lower categories, biletwise will initiate a partial refund which is equal to the amount of the price differences (according to official categorization). In customer-sourced or other special cases, tickets would be nonconsecutive which means tickets would be from the same category but from different blocks.
2. Subscription requirements: Following terms and conditions must be accepted in order to subscribe and become a member of our website.
2.1. Registration: In order to buy tickets, sell tickets, and benefit from all our services via our website, you need to register with your real name, address, telephone number, and e-mail address. Ensuring the security of your username and password to be created to access the website and take advantage of our services is your responsibility. The user is personally responsible for all transactions made with his/her username and password.
2.2. Listing: The seller lists the ticket(s) on the website database in order to sell the tickets. As part of the listing process, the seller sets the price for the tickets and provides event, date, department, seat and row information, and more. While listing the tickets with seats, all tickets on the same list should have consecutive seat numbers. If the seller sends nonconsecutive tickets and lists them as if they are, biletwise may invoice the seller with a replacement fee and extra fees as stated in Section 5. "Back-to-back" tickets may not be sold in the same list. "Back to back" tickets are for the seats which are directly successive. If you wish to list tickets as a seller, you should provide a valid credit or bank card. You may also grant nonexclusive, transferable, worldwide, paid-up, royalty-free rights and licenses to reproduce, change, customize, publish, and display products on the website of us and our marketing partners where your ticket credentials are listed for sale. Therefore, we can promote the tickets and products you listed for sale.
2.3. Taxation: Making the decision of whether or not the ticket sale will be taxed is under the responsibility of the seller. Biletwise has no responsibility for this at all. If the seller will pay any tax due to the sale, he/she should add this fee to the ticket price before listing the ticket for sale. This is apart from the taxes imposed on the fees by biletwise.
2.4. Offer: A member wishing to buy a ticket first look through the ticket database to view the tickets listed by the seller matching the tickets the buyer wants. When the buyer finds the matching ticket, he/she informs us of the "order" he/she wants to buy. Please do not forget that the seller may or may not need to charge you VAT for the ticket sale. Hence, the ticket price (before our pricing) shown below may include relevant VAT (as per Law of Obligations or other). Please note that this does not include VAT to be accrued for the eventual prices we have to pay. As a buyer, you give consent to us in order for us to be able to charge the price of selected tickets from your credit card, bank card, PayPal account or bank account.
2.5. Payment Authorization: When we receive an offer via a credit card or bank card, we obtain authorization from the credit card or bank card of buyer, which equals the price, the reservation fee, and the delivery fee of the tickets. We add the relevant VAT to our prices. This authorization will remain on the credit card or bank card of the buyer till the sale is completed or the order is canceled. When we receive an offer via PayPal, we obtain authorization from the PayPal account of the buyer, which equals the price, the reservation fee, and the delivery fee of the tickets. We add the relevant VAT to our prices. When we receive an offer via bank transfer, we check whether or not the bank account is valid.
2.6. Notification: As soon as we obtain authorization from the buyer, we notify the seller by means of email and/or telephone. We will notify the seller that the buyer wishes to pay the price listed, the reservation fee, the delivery fee, and taxes on fees.
2.7. Sale Confirmation: Except for the conditions mentioned in Article 2.7 (a), if the sellers cannot deliver exactly the same tickets listed, they must notify this within forty-eight (48) hours after the sale through the process of “Send a message to biletwise”. If the Seller performs the process of “Report a Problem” by sending a message to biletwise within 48 hours, the order in question will be eligible to be replaced by biletwise. In case the seller makes the notification by sending a message, the Seller, without any limitation, may be subject to a replacement fee, other fees, and/or other consequences as specified in Part 5.
a) Exceptions: The sellers who commits to sending the tickets directly to biletwise so the seller does not have to approve the order. These sellers do not have the right to “Report a Problem” and the order is automatically approved immediately after the sale. In case the tickets listed are not delivered, biletwise has the right to charge the replacement fee and other fees to the seller as mentioned in Article 5. The sale attempts of announcements with open rate errors are immediately refused/canceled regardless of the period when they are formed. The seller will not be penalized due to such transactions. A significant change in price caused by any external factor such as rising demand for the announcement will not be considered an open rate error. If you sell any tickets with an open rate error, please contact biletwise as soon as possible.
2.8. Payment Receival: Usually when the buyer completes the sale process, we charge the buyer followings; the fee on the announcement, the reservation fee, the delivery fee, and the taxes. However, if the buyer wishes to share the payment with his/her friends, we give them 24 hours after the buyer first buys the tickets so that others can pay. We do not provide the seller with the payment information of the buyer. The money is paid to biletwise. Biletwise, in return, makes the payment to the seller in accordance with the payment method selected by the seller.
2.9. Completion of Ticket Process: Once the seller lists the tickets for sale, the buyer buys these tickets, and the seller confirms the sale, the seller will be obliged to complete the sale of these tickets that he/she has listed. The delivery of the tickets sold must be carried out by the method notified to the buyer directly at the time of sale, and not be delayed later than the sale time at which the seller is informed (“Must be Delivered in Time”).
If the seller lists the tickets to be sold and confirms the sale and then fails to deliver the tickets he/she has listed, biletwise reserves the right to cancel the seller’s sale and find new tickets on behalf of the buyer; in this case, the seller will bear all the costs in relation with the renewal of the tickets, refund of other fees and/or other consequences as specified on Part 5. In case the event is canceled or reprogrammed, biletwise reserves the right to cancel the seller’s transaction.
2.10. Payment to Seller: If the tickets are received by the buyer successfully, the payment will be made to the seller within 10 working days after the event. We reserve the right to cancel the payment or collect the refund if the event is reprogrammed or canceled, or if we believe that this sale is illegal, or otherwise it will violate the agreement.
2.11. Ticket Information: Biletwise may not have the same categorization as official channels. When purchasing tickets, users accept the seating plan and categorization that Biletwise has shared on the product page. The dates, place, and topic of the event listed on the ticket may change or be indicated wrong by mistake. It is the buyer's responsibility to contact the box office or confirm the latest changes by reviewing the official lists for any changes.
2.12. Spare Seats: Ticket Lists shows the condition of the real seats. Tickets may be replaced or changed with a better seat by preferring a different seller, at the will of biletwise, without taking the consent of the buyer.
2.13. Receivables under Biletwise guarantee: We strongly recommend you refer to the ‘Contact Us section if you receive the tickets that you have not ordered from the seller, or that are invalid or not acceptable at the place of the event. In case you have any problems with your tickets related to the event, you may contact biletwise latest within 48 hours from the date of the event. You may need to provide additional information for any request regarding repaying in certain cases
2.14. Commercial Remark. The payments made to biletwise appear as “BILETWISE EVENT TICKETS” in the payment receipt of the buyer.
3. Ticket Descriptions: For all the tickets you list as a seller, you guarantee that the ticket descriptions you offer for the sale are in detail, correct, and identify your ticket. You guarantee that you own the tickets and have the right to transfer and resell them. If you resell the tickets for commercial reasons, you guarantee that you have the right to do so.
3.1. Other Information: Users agree and acknowledge that the information provided to biletwise, our members or website visitors is not false, misleading, obscene, or defamatory; is not a fraud or stolen product; does not infringe any third party's copyright, patent, trademark, trade secret, publicity, or privacy or other rights, and does not violate any law, bylaw, regulation or legislation (regarding to, without limitation, the consumer protection, unfair competition, anti-discrimination, and false advertising); and does not contain any viruses or programs designed to harm, interfere with, intercept, or confiscate any system, information or personal information.
3.2. Laws and Regulations: Users agree and acknowledge that they will comply with all local, regional, national, and international laws, bylaws, and regulations applicable to the website use and the ticket sales at value, that they are over the age of 18 and have the legal right to take transaction.
3.3. Indemnity: You agree to pay all damages incurred for any costs and expenses (including reasonable attorney fees) to biletwise and any parent, affiliates, business partners, subsidiaries, officers, managers, lawyers, agencies, and employees, and all damages arising out of any third party claims in relation with your actions and neglect to any affiliates, business partners, subsidiaries, officers, managers, lawyers, agencies, and employees.
4. Double Publishing and Removal of Tickets: We do not recommend publishing of the tickets anywhere for sale after the tickets are sent. If you wish to publish your tickets in other markets, you must remove the tickets sold immediately from the website. Except as set forth herein, you agree not to promote the sale of the same tickets on other websites, which are sold on biletwise. We reserve the right to ban the users from publishing their tickets on biletwise, if they are unable to provide the same tickets published on biletwise.
4.1. Stolen Products: The sale of stolen products on biletwise is strictly forbidden; this is against local laws and international laws. Biletwise supports law enforcement for the recovery of stolen products that are listed on the website and may contribute to the prosecution of those responsible for attempting to sell such products intentionally. The products stolen include items procured from private individuals as well as those procured from real estate companies or governments without permission.
4.2. No Promotional Materials on Tickets: The buyer's name and address are provided to the seller only for the delivery of certain purchased ticket(s) and may not be used by the seller in connection with or apart from such deliveries. During delivery to the buyer, you agree that you will not use any promotional or commercial material which is not provided and approved by biletwise, except for a relevant VAT invoice requested by the buyer and biletwise. This includes, without limitation, a website announcement or catalog, business card, business reply card, bookmark, coupon, flyer, request or other marketing or advertising material that directs the buyer to another website apart from biletwise. The inclusion of such items constitutes a violation of the terms and conditions. You agree not to communicate with the buyer personally at any time for any reason. If you violate this clause, your payment will be retained.
5. Violations, Cancellation, and Postponement: We may take some actions, at our sole discretion and without any limitation, by making warnings, postponing or canceling the service, blocking website access, removing listings, or recommending the seller to correct the listing. You acknowledge that we may suspend or postpone the due payments through the sale made via this website. You acknowledge that biletwise does not have to pay for any sale if it considers in good faith such sales are illegal or violate this agreement or may suspend or postpone due payments through the sale made via this website.
5.1. Disclosure of Information: You agree that we may report any operation to law enforcement, legal authorities, or third parties that violate any law or regulation.
5.2. Penalties: If any sale is canceled for any reason; if biletwise reasonably believes that any frauds or other illegal activities are committed during any purchase or sale; if you do not “Report a Problem”; if you cannot provide the seats listed on the website, or send the tickets which are to be sent in time, or you are unable to fulfill the sale of your tickets, except as provided in Articles 2.8 and 2.13; if you send inaccurate, wrong, invalid, fraud or imitation tickets or transitions for any sale or part thereof; then this agreement is deemed to be violated and we reserve the right to impose a penalty of 30% or 100% of the final sale price of tickets sold through biletwise. Biletwise is entitled to suspend the payment and keep you accountable to charge all kinds of damages incurred by biletwise due to your Payment Method and your aforementioned breaches including, without limitation, late delivery fees, republishing fee, redirection fees, re-procurement of tickets or related transitions, coupons, gift certificates, refund, and other necessary costs.
6. No Guarantee: Biletwise provides the software, website, and service on the basis of "as it is" and "when available", without any kind of warranty, other than the guarantees set forth in this agreement. Biletwise does not guarantee the software, tickets, events, and services provided on the website. It does not guarantee that the seller or the buyer will keep the promises they have made.
6.1. Liability for Damages: As biletwise, we do not accept liability for any loss of profit or private, significant, incidental, or special damages (including, without limitation, indirect and direct damages) resulting from the website, service, or cancellation or malfunction of the website or service.
6.2. Exemption. Biletwise do not participate into any real transactions between the buyers and sellers. If you have any dispute with one or more members, you agree that you will keep harmless biletwise and all its affiliates, officials, managers, agencies, partners, subsidiaries, legal representatives, and employees against any claim and damage (direct and indirect) that arises out of such disputes and that are known, unknown, suspicious or nonsuspicious, disclosed and nondisclosed.
6.3. Tax Compensation. Biletwise is not responsible for the payment, accuracy, or appropriateness of any tax against any organization on behalf of the users. You agree to bear any responsibility, cost, interest, and expense (reasonable attorney fees) arising from any third party or government claim, which (i) constitutes any debt as per any tax regulation, law, order, or verdict; and (ii) involves or concerns any dispute relating to the tax status of the biletwise, against biletwise and all its affiliates, officials, managers, agencies, partners, subsidiaries, legal representatives and employees, due to any local, regional, national or international taxation procedure.
6.4. Relationship Between Parties. Biletwise and users are independent parties and this agreement is not intended or created by any agency, partnership, joint venture, employer-employee, or franchise relationship.
6.5. Finalization of All Sales: All sales and offers are conclusive. As long as the event is not canceled or applied without an audience there will be no refund or cancellation. There will be no refund, cancellation, or replacement for the venue, date or time changes, partial performances, or lost tickets. The dates of some events may not be officially announced. The obligation to follow the official dates and hours of the respective events belongs to the users. In accordance with some of the Local rules such as FAN ID, Hayya Card, Passolig, and all other Public ticketing rules and Public Pandemic rules and requirements, buyers must follow the instructions through the public authorities.
6.6. Website Suspension or Change: Biletwise reserves the right to temporarily or permanently make changes to the website or discontinue the website, wholly or partially, with or without prior notice. Under this agreement, you acknowledge that we are not responsible to you or any third party for any change, suspension, or discontinuation of the website or services for any reason. We do not guarantee continuous, uninterrupted, or secure access to our services. The operation of our website can be interfered with by many factors beyond our control. In addition, the website may be unavailable during certain periods when it is updated and modified. During this time, the website will be temporarily unavailable.
6.7. Notifications: Unless explicitly stated otherwise, all notifications will be forwarded to biletwise, via the email form provided on the website under the “Contact Us” link, or to the following address: Biletwise OU registration number: 14857460, Biletwise address; biletwise OU, Rännaku pst 12, Nõmme Linnaosa, Tallinn, 10917, Estonia. Unless explicitly stated otherwise, all notifications will be forwarded to the email address you submitted to us at the time of registration.
7. Intellectual Property Rights: Patents, trademarks, trade names, service marks, copyrights and other intellectual property rights (collectively, "Intellectual Property") are the sole property of biletwise and remain with biletwise.
7.1. Law: This Agreement shall be governed by and construed in accordance with local law. In case of any conflict, it is essential for the parties to seek a settlement in good faith, and in case of no settlement, Harju Courts will be deemed to be competent, with the exception of exclusive jurisdiction.
7.2. Final Provisions: This text herein constitutes the entire agreement between the parties and supersedes all prior written or oral agreements and contracts between the parties in question. If any provision of this agreement is invalid or unenforceable under any circumstance, and applicable in other cases, the remaining provisions of this agreement will not be affected.
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