for the use of electronic platform Eticket4 (LLC "eticket" 121069, Russia, Moscow, Novinsky Boulevard, 18, building 1, room. 8)
1. DEFINITIONS1.1. Platform – the functionality of the website https://eticket4.com, owned by LLC "eticket", which allows searching, selecting, booking, entering into contracts of purchase and sale and making payments for the tickets to the Events, which are available on the Platform.
1.2. User – a person who gets registered on the Platform to search, select, book, enter into contracts of purchase and sale and make payments for the tickets to the Events, which are available on the Platform.
1.3. Ticket – a document, which certifies the right of the owner to visit an Event. A ticket is drafted in accordance with the form set for a specific type of service, a form of strict accountability and can be produced on (i) thermal paper, (ii) the form created by the automated system (System) – “E-ticket”.
1.4. The Event – a cultural and entertainment event, including theatrical performance, circus, concert in a hall, club or in the open air, exhibition, film, festival, show, fashion show, sporting event, tour, as well as any other event, a visit to which is possible only upon presentation of a special document - Ticket (E-ticket).
The nominal value of the Ticket – the price to attend an Event, set by the ticket seller.
1.6. License – this public offer of LLC “eticket” (INN 7704350420, KPP 770401001, location: 121069, Russia, Moscow, Novinsky Boulevard, 18, building 1, room 8.) for the use of the Platform, published at the Internet address https://eticket4.com/info/license.
1.7. Platform Fee – funds collected from a User as payment for the use of the Platform’s functionality.
2. GENERAL PROVISIONS2.1. This License regulates the conditions and procedure for use of the Platform and Platform’s provision of commercial services to the User and shall be deemed accepted by the User upon registration on the website https://eticket4.com
2.2. Using Platform is not allowed if the User does not fully accept the terms of this License. Tickets (E-Tickets) can not be returned, and the refusal to perform the contracts on the basis of User disagreement with the terms and conditions of this License shall not be permitted.
2.3. Terms and conditions of this License are fully valid and applicable to Users until performance of all mutual obligations by the User and the Platform.
3. THE SUBJECT OF THE LICENSE3.1. The Platform provides to a registered and/or authorized user the right for the paid functional use of the website https://eticket4.com under a simple (non-exclusive) non-transferable license within the functionality of the website https://eticket4.com.
3.2. The User shall pay a fee to the Platform in the manner and under the conditions specified in this License.
3.3. Using the Platform in other way then to the search, select, book, enter into contracts of purchase and sale and other then to pay for the tickets to the Events available on the Platform is prohibited.
3.4. The Platform shall not be responsible for the actions of persons performing ticket sales, as well as for the organization, the fact of holding and the content of the Events.
3.5. The Platform provides User with other services provided by its functionality, in particular, the Ticket delivery.
3.6. The Platform has the right to engage third parties to render services, provided by its functionality, remaining accountable for their actions, as for its own.
4. PROCEDURE AND CONDITIONS OF ACCEPTANCE4.1. The User acknowledges and agrees that prior to making acceptance actions set out in this License, he acknowledged himself with the terms of this License and other mandatory rules established by the Platform. The User acknowledges and agrees that he fully understood the provisions of this License and any other mandatory rules.
4.2. The User acknowledges and agrees that all actions (inaction) of its representative(s) are committed with his knowledge, consent and in his interests.
4.3. Acceptance of this License is made by the User through consistent performance of the following actions:
a) Registration on the Platform;
b) choice of a specific Event and category of the Ticket (E-ticket), as well as providing the date of birth, contact number phone, e-mail addresses.
4.4. Performing actions specified in paragraphs 4.3. (a) and 4.3. (b) shall be deemed as User’s full and undisputed acceptance of all conditions of this License without any exceptions, and (or) restrictions (acceptance) and is equivalent to entering into a contract in writing (clause 3 of Article 434 of the Civil Code of Russia).
5. RIGHTS AND OBLIGATIONS OF THE PARTIES5.1. The User shall have the right to:
a) independently inquire from the public sources about the cost of the Tickets (E-tickets) to the Events, the amount of the Service Fee and other services related to holding of the Event, independently decide on the purchase of Tickets (E-tickets);
b) obtain information about the rules of Ticket (E-ticket) sale, the existing categories of Tickets (E-tickets) and other Event information, which is owned by the Platform, using the Internet or by other means indicated on the Platform;
c) to personally choose the method for the Ticket (E-ticket) payment, whereas the User acknowledges and agrees that he is in advance obliged to familiarize himself with payment rules in some way.
5.2. User is obliged to:
a) strictly follow the terms of this License;
c) pay the license fee to the full extent;
d) use the Platform’s functionality only for its intended purpose, namely: search, selection, booking, entering into contracts of purchase and sale, paying for the tickets to the Events available on the Platform. It is prohibited to copy, decompile, modify, and make other actions with the program code of the Platform;
e) fully check all information on the Ticket (E-ticket) during purchase. The user acknowledges that it has no claims to the Platform and its employees for improperly drafted Ticket (E-ticket), because he didn’t ensure its correctness during purchase.
5.3. The Platform has the right to:
a) refuse the User to use the Platform in the absence of full and unconditional agreement with the terms of this License;
b) require the User to comply with the conditions of this License;
c) carry out planned or unplanned modification, replacement, reinstallation of the Platform software, to suspend operation of the software when it detects faults, errors, and (or) failures, as well as for preventive maintenance and the prevention of unauthorized access to the Platform;
d) to unilaterally change the terms of payment and the amount of license fee, and the User agrees to promptly and independently monitor these changes by referring to the text of this License, published on the Internet: https://eticket4.com/info/license
5.4. The Platform is obliged to:
a) Carry out the delivery of the Ticket purchased by the User subject to the terms and conditions established by the delivery service. Timing and cost of Ticket delivery are shown by the Platform during User’s purchase of the Ticket.
5.5. The Platform is not responsible for the operability and (or) security of communication channels used by the User, including those used by the User to access the Platform https://eticket4.com.
6. PROCEDURE OF PAYMENT6.1. Using the Platform provides a License Fee in the amount of 10% (ten percent) of the cost of Tickets purchased with the use of the Platform’s functionality.
6.2. License Fee is not subject to VAT and is payable at the moment of purchase and sale transaction using the Platform’s functionality.
6.3. The cost of the Platform’s services provided to the User is not subject to VAT and is payable at the moment of purchase and sale transaction using the Platform’s functionality. 6.4. The User shall have the right to pay for the License Fee and the Platform’s Services by any means available on the Platform.
6.5. Cost of the Tickets on the Platform is final and includes the amount of the License Fee
6.6. The User understands that the License Fee is paid for the use of the Platform’s functionality, and therefore in case of refusal to accept the Ticket or its return, the License Fee shall not be refunded to the User by the Platform. Cost of ticket delivery service is not refundable.
7. SEPARATE CONDITIONS REGARDING MINORS7.1. With respect to the laws of the Russian Federation all Events are subject to classification in accordance with the established age limits.
7.2. Every Event is subject to classification and assignment to one of the following categories:
a) for children under the age of 6 (six) years (information product mark: “0+”);
b) for children reached the age of 6 (six) years (information product mark: “6+” and (or) text warning in the form of phrase “for children over six years”);
c) for the children reached the age of 12 (twelve) years (information product mark: “12+” and (or) text warning in the form of phrase “for children over twelve years”);
d) for children reached the age of 16 (sixteen) years (information product mark: “16+” and (or) text warning in the form of phrase “for children over sixteen years”);
e) prohibited for children (information product mark: “18+” and (or) text warning in the form of phrase “Prohibited for children”).
7.3. The User acknowledges and agrees that in accordance with the Russian laws a specific Event may be classified as the event for which the Ticket sale, as well as entrance, attendance, listening or viewing of the event may be prohibited to the for certain categories of persons.
7.4. Purchase of Ticket (E-ticket) as well as entrance, attendance, listening or viewing of the Event can be possible only if the User (or another person possessing the Ticket (E-Ticket)) meets the age requirements specified in paragraph 9.2.
7.5. The User acknowledges and agrees that he or a person for whom he bought the ticket can be refused to purchase the Ticket (E-ticket), as well as to enter, attend, listen or view the Event if the User (or another person possessing the Ticket (E-ticket)) violates the conditions of paragraph 7.4. The User is fully responsible for its actions (inaction), the Platform is not responsible for the User’s violation of the specified provisions of the Russian laws.
7.6. If a person lawfully owning the Ticket as a result of donation or physical transfer of the Ticket (E-ticket) by the User, is denied entrance, listening or viewing the Event due to this person’s violation of conditions in the paragraph 7.4., all issues related to Ticket refund are carried out by the User independently.
7.8. Comprehensive information on classification of a particular Event to one of the categories indicated in this clause shall be published on the Platform.
8. LIABILITY8.1. In case of non-performance or improper performance of its obligations under this License, the Platform and the User shall be held liable in accordance with the Russian laws and conditions of this License.
8.2. Liability of the Platform in relation to the User is limited within the amount of License Fee and the cost of rendered services paid by the User.
8.3. The User undertakes all possible risks related to its actions for making possible mistakes and inaccuracies in the provided data, required for the registration of the Ticket (E-ticket).
8.4. The Platform shall not be liable for any losses and moral damage suffered by the User due to false understanding or misunderstanding of the information on the procedure of Ticket (E-ticket) registration (payment), presence at the Event, as well as receipt and use of the corresponding services provided by the Platform.
9. LIMITATION OF LIABILITY AND INDEMNITY9.1. The User acknowledges and agrees that under no circumstances the Platform, its employees, directors, officers or other related parties, sponsors, agents, representatives, partners or any other persons, including acting on behalf of the Platform, is not responsible for any direct or indirect damages arising from the sale of Ticket, as well as a result of unauthorized access to personal data of users, including lost profits.
9.2. The Platform is not responsible for cancellation, replacement or transfer of the Event and the ability to enter the Event.
9.3. The Platform shall not be held responsible if the Event doesn’t meet the User’s expectations or its personal assessment. Tips and recommendations provided to the User, including by third parties, shall not be considered as guarantees and shall not entail obligations for the Platform.
9.4. The User acknowledges and agrees that the Platform shall not be responsible for the quality, as well as for consumer and other properties of the Event, as it is not a Party to the Contract for providing services related to the holding of the Event.
9.5. The Parties are relieved from liability for failure and (or) improper performance of its obligations under this License in the event of force majeure, i.e., circumstances of objective nature, which are out of the will of the Parties and have arisen after entering into agreement on the terms of this License. The circumstances of force majeure include, in particular, strikes, floods, earthquakes, hurricanes, and other natural disasters and military actions (local and international), the disease and (or) the malaise of artists participating in the Event, as well as man-made and man-made disasters, as well as acts of public authorities and local governments, as well as actions (inaction) of counterparties of the Platform hindering without disproportionate loss the proper performance of the contracts entered under this License.
10. RIGHTS FOR THE RESULTS OF INTELLECTUAL ACTIVITIES10.1. Exclusive rights for the objects of intellectual property (results of intellectual activities), including, but not limited to: information, press-releases, descriptions, graphs, images, writings, slogans, software, audio and video materials, trademarks and service marks (hereinafter – “Information”), published on the Platform, in a press-release, advertisement and other informational materials or any information sources despite the form of their representation, belong to the Platform, its affiliates and other related parties, sponsors, partners, representatives and other persons acting collectively or on behalf of the Platform. The User is not provided with the rights to use the specified results of intellectual activities on any basis or in any form. The platform doesn’t guarantee and is not responsible for the quality of the information, except for the information regarding the services provided by the Platform.
10.2. By Placing links to the Internet websites, owned by third parties, subject to the paragraph 10.1, the Platform shall not be responsible for the contents of such websites. Presence of links on the Platform leading to the websites of third parties shall not mean and provide that the Platform endorses or recommends viewing (and familiarizing with) such websites. The user acknowledges and agrees that the Platform is not liable and cannot be liable for the contents of such websites.
11. DISPUTE RESOLUTION11.1. All disputes or differences arising in connection with the execution and (or) non-performance, and (or) improper performance of the provisions of this License shall be settled with mandatory following of complaint procedure. A Party, which believes its rights have been violated, forwards a claim to the other Party in writing with attachment of the duly certified documents, proving the stated requirements, within 5 (five) days after the dispute has arisen. The term for consideration of the claim shall be 30 (thirty) business days from the date of its receipt.
11.2. In case of violation of the term for claim forwarding indicated in paragraph 11.1, such claim shall not be subject to review.
11.3. In case of failure to settle the dispute or disagreement under the procedure established by paragraph 11.1, such dispute (disagreement) shall be subject to review by the competent court at the location of the Platform.
12. ENTRY INTO FORCE, AMENDMENT OF THE LICENSE PROVISIONS12.1. This License enters into force from the date of publishing on the Platform and shall be valid before the Platform and the User execute their mutual obligations. The conditions of this paragraph extend the changes and (or) appendixes to the License.
12.2. All changes and (or) amendments entered into this License are subject to publication in the Platform and enter into force since the moment of publishing of such changes and (or) amendments on the Platform.
12.3. The Platform has the right to make changes to this License in any time, but in any case, such changes are published and communicated to the public by publishing at the Internet address: https://eticket4.com/info/license. The User’s use of the Platform after amendments to the text of this License shall mean compete and unconditional acceptance of the License conditions, as amended.