This User Agreement is intended to be legally binding between you ("User") and Ticketfoni OÜ. ("Ticketfoni") in connection with your use and/or purchase of services from the website https://www.ticketfoni.com/ (hereinafter referred to as the "Site" or "Ticketfoni"). We kindly request that you read this User Agreement before accessing or using any of our Website's services. Every User who joins Ticketfoni is deemed to have read and understood this Agreement and its annexes, as well as accepted all statements regarding services, use, and membership. Ticketfoni may make changes to this User Agreement at any time, and if so, Ticketfoni will notify you by posting a revised version on the Site.  The revised User Agreement will enter into force on the date of its publication and your continued use of our Site and services will mean that you accept the revised User Agreement. 

1. PARTIES

This User Agreement (hereinafter referred to as the "Agreement") is entered into by and between Ticketfoni OÜ with registration number 16590535, headquartered at "Harju maakond, Kesklinna linnaosa, Viru väljak 2, 3. Korrus Tallinn 10111 Estonia" (hereinafter referred to as "Ticketfoni" or "Site") and the User (hereinafter referred to as the "User") who is a member of the Site at the time of electronic approval of the User Agreement by the User. The person who is a member of the Site and sells tickets, products or other related goods and/or services for events shall be referred to as "Seller", and the person who is a member of the Site and purchases tickets, products or other related goods and/or services for events shall be referred to as "Buyer".

By becoming a member of this Site, you accept, declare, and agree that you have read the entire User Agreement, understand its entirety, and approve all of its articles.

2. DEFINITIONS

2.1 The meanings of the following terms used in the Agreement are as follows: 

Ticketfoni: The Company is referred to as Ticketfoni OÜ.

User: A natural or legal person who is a member of the Website and benefits from the services offered on the Website as a User within the conditions specified in this User Agreement or uses the Website or services to access the suggestions and experiences of other Users.

Seller: A user who is a member of the Website and sells tickets, products or other related goods and/or services for events.  

Buyer: The user who is a member of the Website and purchases tickets, products or other related goods and/or services for events.

Website/Site/Marketplace/Platform: Refers to the Internet Site that includes the domain name https://www.ticketfoni.com/ and any subdomains that are linked to this domain name.

Ticketfoni Services  

/Platform ("Service"): Ticketfoni is an online platform that connects sellers and buyers who wish to sell or buy tickets, products or other related goods and/or services ("Tickets") for events. This platform offers the services outlined in this Agreement ("Services").  

Ticketfoni Commission Fee: It refers to the commission fee including VAT deducted from the Buy/Sell fee collected by Ticketfoni on behalf of Ticketfoni.  

Secure Account: Refers to the payment infrastructure contracted by Ticketfoni.

Online Payment System: It refers to the system that allows the User to collect the fee that the User must pay for the service to be received through the Site from the User by the payment institutions with which Ticketfoni collaborates, under the terms and conditions specified in this Agreement, via credit card, debit card, or other payment methods that support online payment provided by banks.

Tax: It means all kinds of taxes that may arise as a result of the Agreement.  

Agreement: refers to this User Agreement.

Electronic Trade: It refers to all kinds of online economic and commercial activities carried out in electronic environment without physically facing each other.

Commercial Communication: It refers to all kinds of communication related to electronic commerce in order to gain profit within the scope of professional or commercial activity, except domain names and electronic mail address.  

Commercial electronic message: Refers to messages containing data, audio and video content sent for commercial purposes and delivered electronically via telephone, call centers, fax, automatic dialing machines, smart voice recorder systems, electronic mail, and short message service.

Event: Refers to all events organized in public or indoors, such as concerts, theaters, football matches, etc.

List: It refers to the unsold ticket, product, and/or other related goods announcement in the Seller's user account on the site, each with its own reference number.

Delivery time: It refers to the period between the Buyer placing an order and the Seller delivering this order to the Buyer in full.  

2.2. In the Contract, words defined in the singular form shall have a corresponding meaning when used in the plural form or words defined in the plural form when used in the singular form.

3. SUBJECT AND SCOPE OF THE CONTRACT  

3.1. The purpose of this User Agreement is to determine the terms under which Users may benefit from tickets, products, or other related goods and/or services ("Tickets") offered on Ticketfoni, as well as the parties' rights and obligations.

3.2. Ticketfoni is a ticket sales platform that allows registered users to buy Tickets ("Buyer") and sell Tickets ("Seller"). The Seller determines ticket prices, and Ticketfoni, as a marketplace, does not own the Tickets sold on the Site. The face value of the ticket may be exceeded by ticket prices. This situation is accepted and declared by the User.

3.3.Ticketfoni does not guarantee the accuracy of the information contained on the Site. Ticketfoni has no control over the availability, quality, security or legality of the Tickets. Ticketfoni does not guarantee the accuracy of the User's content or listings; that Sellers will sell tickets or that Buyers will pay for tickets or that a Buyer/Seller will complete a transaction. 

4. MEMBERSHIP AND SERVICE TERMS

4.1. To become a member of the Site, the User must be at least eighteen years old and must not have been temporarily suspended or permanently barred from membership by Ticketfoni in accordance with the relevant provisions of this User Agreement. 

4.2. When the User creates a Ticketfoni account, it is the User's obligation to provide the Site with complete and accurate information, as well as to enter a valid credit card, debit card, or payment method. If any of the User's information changes, the User must immediately notify Ticketfoni's info@ticketfoni.com e-mail address. Otherwise, any damages obligated to pay by Ticketfoni may be recovered from the User. The User is aware of and accepts the situation.

4.3. In the event of ticket loss, theft, or damage, the User will not be issued a replacement ticket. The User is aware of the situation and accepts it. 

4.4. In countries where official rules such as Passolig, HES code, Pandemic, and Fan Identification (ID) are required for event entry, users must personally follow the documents/entry requirement information that they must send to Ticketfoni. The User is liable for any situations that arise as a result of the User's failure to follow up.

4.5. In the event of a problem with the Site, services, or the Agreement, the User must contact info@ticketfoni.com. All users will receive a response from Ticketfoni as soon as possible. However, as a Site user, the User is also required to check his/her e-mails on a regular basis for notification follow-up. The User is liable for situations that are not corrected after notification. 

4.6. Ticketfoni is not liable for tickets that are not delivered as a result of incorrect information entered into the system. The User is aware of and accepts the situation.

4.7. The User accepts and declares in advance that he/she will not do any of the following while using the Site and benefiting from its services, or else he/she will be held liable for any damages that may occur. 

•  Contacting or inviting other Ticketfoni users to contact them for any reason other than obtaining the Ticketfoni user's contact information or requesting sales outside of Ticketfoni; 

•  Unless otherwise agreed in writing by the Buyer, to use the Buyer's personal data for any reason other than ticket delivery; 

•  Mistreating any Ticketfoni employee or other user; 

•  Violating any venue or event rules, or violating any terms of service at events;

•  Infringing on any law, regulation (including, where Tickets are sold internationally, the laws of the country in which the Ticket is sold/purchased), third-party rights, or any additional agreement/protocol/terms of use; 

•  Publishing content that is false, misleading, defamatory, or libelous; 

•  Failure to meet contractual/sales policy obligations related to the ticket's sale or purchase;

•  Using Ticketfoni's trademarks without prior written permission;

•  Copying, reproducing, modifying, creating different works from, distributing or publicly displaying any content (except the user's own information) or software from the Site or Services without the prior written permission of Ticketfoni and the relevant third party;  

•  Taking any action that imposes or may impose a disproportionately large load on the Site infrastructure;

•  Interfering with or attempt to interfere with the proper operation of the Site or its services, or any activity carried out on or through the Site or Services; 

•  Bypassing robot exclusion headers, robots.txt rules, or other measures that may be used to restrict or block access to the Site or Services; 

•  Commercializing any Ticketfoni application, as well as any information or software related to such application; 

•  Misusing the Site or Services or taking any action that, in Ticketfoni's sole and reasonable discretion, adversely affects the market.

4.8. To protect Buyers and Sellers, Ticketfoni may use algorithms or automated systems to scan the Site for signs of fraud, which may result in ticket sales or listings, automatic cancellation of listings or sales, and temporary or permanent account suspension. If a user's transaction is accidentally canceled or his or her account is accidentally suspended, the user should contact Ticketfoni via the info@ticketfoni.com e-mail address.

5. RIGHTS AND OBLIGATIONS OF THE SELLER

5.1. The Seller accepts, declares, and undertakes to act in accordance with all of the terms in the User Agreement, the rules specified in the relevant parts of the Site, and the applicable legislation, and that it understands and approves of all of the terms and rules stated above while performing membership transactions, using the Site's services, selling tickets, and performing any transaction related to the Services on the Site.

5.2. The Seller accepts, declares, and undertakes that Ticketfoni is not and will not be liable for any losses or damages incurred as a result of the Site's services and ticket sales opportunities. Ticketfoni declares that it is not aware of, does not need to be aware of, and has no obligation to undertake and guarantee whether the tickets offered for sale by the Seller are incomplete and/or contain prohibited subjects, including, but not limited to, the quality, authenticity, and accuracy of the written and/or visual descriptions used in the promotion of the specialty. The User is aware of this situation, but accepts, declares, and agrees that Ticketfoni has no obligation to know these matters, that Ticketfoni will not be a party to any dispute, that the sole addressee of any request regarding the dispute will be the Seller, and that Ticketfoni has no legal responsibility for these requests.

5.3. The Seller accepts, declares and undertakes that the tickets offered for sale by them on the Site are genuine, and that the event information and content related to the ticket are accurate and lawful. Ticketfoni is not obliged and responsible for investigating the accuracy of the information and content transmitted to Ticketfoni by the User or uploaded, modified or provided by the User through the Site, undertaking and guaranteeing that this information and content is safe, accurate and lawful, and cannot be held responsible for any direct or indirect damages arising from the incorrect or inaccurate information and content. Ticketfoni has the right to immediately remove the relevant content from publication if it receives any notification or becomes aware in any way that the content of the tickets offered for sale by the Seller is unlawful. In this case, the Seller agrees and declares that he/she will not make any claim against Ticketfoni regarding the removal of the unlawful tickets from publication.

5.4. Without the written consent of Ticketfoni, the Seller may not transfer its rights and obligations under the User Agreement, in whole or in part, to any third party. 

5.5. The User who uses the Site and benefits from Ticketfoni's services may only conduct transactions on the Site for lawful purposes. The User bears all legal and criminal liability for all transactions and behaviors on the Site and services.

5.6. The Seller may not use the Site or mobile application in any way that would constitute a crime, disrupt public order, violate public morality, disturb and harass others or disturb others in any way, for any illegal purpose, or infringe the intellectual and copyright rights of others. In all cases where it is used, the Seller agrees, declares and undertakes that Ticketfoni will indemnify any damages Ticketfoni may incur in advance.  

5.7. The Seller is responsible for any administrative, legal, or criminal liability that may arise as a result of the Seller's failure to comply with the terms of this Agreement and the Sales, Privacy, and Cookie Policy, which is an annex to this Agreement.

5.8. The Seller owns any content sent by the Seller, including images, text, audio, and other materials, and the Seller is solely responsible for such content. By submitting content, the User grants Ticketfoni a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, transferable, sub-licensable (which may be more than one) right of use.

5.9. The Seller acknowledges, represents and warrants that its Content: (a) belongs to it or that it owns all necessary rights to the Content; (b) does not infringe or misappropriate the rights of any third party, including intellectual property rights, privacy rights or publicity rights; (c) is accurate and not obscene, false, defamatory or libelous; and (d) does not harm any person, property or system. The Seller agrees, represents and undertakes to indemnify Ticketfoni against any and all claims arising from the User Content. Ticketfoni has the right to monitor, edit or remove your User Content. User Content is not confidential and Ticketfoni is not responsible for its use or disclosure.

5.10. The Seller may only use the event listing content in connection with Ticketfoni listings for the duration of their listing's existence on the Site. While Ticketfoni strives to provide reliable data, it cannot guarantee that the listings' contents are always accurate and up to date. The Seller accepts, declares, and undertakes not to hold the list content providers or Ticketfoni liable for any errors or omissions in the list content. Copyrighted, trademarked, or other proprietary material may be included in the list content.

6. OBLIGATIONS OF THE BUYER

6.1. The Buyer accepts, declares and undertakes that while fulfilling the membership procedures, benefiting from the services of the Site, purchasing tickets and performing any transaction related to the Services on the Site, he / she will act in accordance with all the terms contained in the User Agreement, the rules specified in the relevant parts of the Site and the applicable legislation, and that he / she understands and approves all the terms and rules mentioned above.

6.2. The Buyer accepts, declares and undertakes that Ticketfoni is not and will not be responsible for any losses and damages that may arise as a result of the services and ticket sales opportunities offered by the Site. Ticketfoni declares that Ticketfoni does not have, does not need to have, and is not obliged to undertake and guarantee that the tickets purchased by the Buyer are incomplete and/or from prohibited subjects, including but not limited to the quality, authenticity, accuracy of the written and/or visual descriptions used in the promotion of the specialty. The User is aware of this situation and accepts, declares and undertakes that Ticketfoni has no obligation to know these matters, Ticketfoni will not be a party to any dispute; the sole addressee of any request regarding the expertise will be the Seller; Ticketfoni does not have any legal responsibility for these requests. 

6.3. It is the Buyer's responsibility to read the entire list content before committing to purchase tickets. The payment for the ticket sale is paid to the Seller through the payment institution contracted by Ticketfoni.  The Buyer accepts, declares and undertakes that he/she cannot change or cancel any order after the sale is completed.

6.4. Ticketfoni shall not be liable for any changes that may occur in the event, the behavior or mistakes of the event organizers, and the artists, actors, and actresses participating in/associated with the event. The Buyer accepts, declares, and agrees not to hold Ticketfoni liable for any negative situation that may arise at the event. 

6.5. Ticketfoni will not be held liable if the name of the ticket buyer and/or user does not match for tickets purchased for music and/or sports events and the ticket buyer and/or user is not permitted to enter the event. The Buyer is responsible for this issue.

6.6. When purchasing a Pass Card (single pass card) from the event box office, the Buyer's photo ID or Passport must match the information on the Passolig card. Ticketfoni is not liable if the Passolig card information does not match. The Buyer will be held liable if the card information does not match. The Buyer is responsible for events that require identity matching, such as this obligation.

7. RIGHTS AND OBLIGATIONS OF TİCKETFONİ

7.1. Ticketfoni will receive a Service fee from the sales/transactions made via its Website. That is; a commission rate will be added to the price or net fee that the Seller wants to obtain. This added rate constitutes the service fee earned by Ticketfoni. Value Added Tax ('VAT'), if any, applicable at the time of the transaction will be added to the resulting price. The User is aware of this situation and accepts it in advance. 

7.2. Ticketfoni reserves the right to close the services, profiles and contents offered on the Site to the access of third parties at any time and to delete them. Ticketfoni may exercise this right without any notice. The User is obliged to promptly fulfill the changes and/or corrections requested/to be requested by Ticketfoni and the User is fully responsible for any legal or criminal liability or damages that arise or may arise due to the User's failure to fulfill the changes and/or corrections requested by Ticketfoni in a timely manner. The User knows and accepts this situation.

7.3. Ticketfoni reserves the right to charge for some or all of the services offered on the Site in the future. Ticketfoni reserves the right to make changes to the site/system/contract/terms and conditions at any time; it makes no commitments in this regard and is under no obligation to notify users.

7.4. Ticketfoni reserves the right, with or without prior notice, to change or discontinue the site, services, or any part of the site or services temporarily or permanently. Ticketfoni performs scheduled maintenance on the Site on a regular basis. Ticketfoni reserves the right to temporarily close the Site or Services without notice during maintenance periods in order to improve User efficiency.

7.5. Ticketfoni is not responsible for any changes in the place, time, venue, category, partial performance, location, order, etc. of the events. No refunds will be made if the location, venue, date and time information of the events are entered into the system incorrectly. It is the responsibility of the Users to check the date, start time and venue of the event on the official website. Ticketfoni is under no obligation to provide any further information to the Users in this regard.

7.6. Ticketfoni reserves the right to suspend user accounts that contain incomplete or incorrect data, either temporarily or permanently.

8. ACCOUNT RELATED OBLIGATIONS

8.1. In order to list, sell, or buy Tickets, the User must first create an account ("Account") on Ticketfoni. The User must be at least 18 years old and legally capable of entering into legally binding contracts. If a User registers for a business entity on Ticketfoni, the User is deemed to have declared that the legal entity has legally binding authority. Ticketfoni will not be held liable for any potential disputes arising from this matter.

8.2. When opening an account, the User is required to provide complete and accurate information. The Seller is required to include a current and correct address as well as valid and correct bank account information. If the registration or payment information changes at any time, the User agrees to immediately update the information in his or her account. 

8.3. Ticketfoni reserves the right to suspend Accounts that contain incomplete or incorrect information, either temporarily or permanently. The User is aware of the situation and accepts it.

8.4. The User is solely responsible for maintaining the confidentiality of the Account information and password. The User is solely responsible for any activity related to the Account. The Account may not be transferred or made available to any other party/person.

9. FEES

9.1. Ticketfoni may charge fees for the sale and/or purchase of tickets and/or other use of the services through the Site, as well as delivery or fulfillment fees (collectively referred to as "Service Fees"). Service Fees may vary depending on the event type, ticket type and location, and Service Fees (as determined separately for each product between the seller and Ticketfoni) will be provided within 15 (fifteen) days of the transaction on the Site. Ticketfoni reserves the right, at its sole discretion, to change the Service Fees at any time, including after the listing of tickets. The Service Fees (including taxes, if applicable) will be made known to the User prior to listing or purchasing the ticket. In the event that the User fails to fulfill the obligations arising from this Agreement, Ticketfoni may demand compensation from the User for all damages incurred.

9.2. If the Seller fails to fulfill its obligations under this User Agreement and the attached Sales, Privacy, and Cookie Policies, Ticketfoni reserves the right to charge the User fees and/or expenses in accordance with the Ticketfoni Sales Policies. This situation is accepted and declared by the User.

10. PAYMENTS

10.1. Fees collected from Buyers for tickets purchased on the Site are processed by Ticketfoni on behalf of the Seller and credited to the Seller in accordance with the Sales Policies. Pursuant to this Agreement, the Seller agrees to act as the "Limited Payment Collection Agent" of the payment institution with which Ticketfoni cooperates for the collection of funds from the Buyers. Further, the Seller agrees that Ticketfoni's obligation to pay the Seller is subject to and contingent upon the successful receipt of the relevant payments from the Buyer. Only amounts successfully received by Ticketfoni are guaranteed by Ticketfoni.

10.2. The Buyer shall pay the full order amount, including applicable Service Fees and taxes, to the Seller within 15 days using one of the accepted payment methods.

11. PROCEDURES FOR TICKET SALES 

11.1. Ticketfoni reserves the right to cancel the order if the event is decided to be held without or with a reduced number of fans. In this case, the Buyer's payment will be credited to his or her account within 15 days. 

11.2. Without the Buyer's consent, tickets may be exchanged for similar or better seats from Sellers within the system. The User is aware of and accepts the situation. 

11.3. While listing, selling, and delivering the ticket, the Seller accepts, declares, and undertakes to comply with all applicable laws, regulations, and the provisions of this Agreement and sales policies.

11.4. The Seller shall determine the ticket sale price when listing the ticket ("Sale Price"). The Seller has the right to change the listing at any time, increase or decrease the sale price, or remove the sale price from the website's system (until the payment is collected from the Buyer). 

11.5. By listing a ticket for sale, the Seller makes a legally binding offer to sell that ticket to a Buyer who pays the sale price. In this context, the Seller is required to deliver the Ticket to the Buyer within the required delivery time for that ticket, as the Buyer is deemed to have accepted the offer by purchasing the ticket on the Site.  The Seller is obliged to ensure that all listings are accurate.  

11.6. Ticketfoni makes no guarantee to the Seller that the ticket will be sold or that the advertisement will appear on the Site within a specific time frame or in a specific order after it is published on the event page or in search results. Ticketfoni shall not be obligated to pay compensation for unsold tickets for any reason, including downtime, maintenance, or listing delays on the Site.

11.7. Cancellation: If the organizers cancel tickets due to the event's cancellation, the Seller must contact Customer Service info@ticketfoni.com immediately after the cancellation if he/she wishes to have his/her ticket(s) returned in order to receive a refund from the organizer. If the ticket(s) were delivered to the Buyer, the Buyer and Ticketfoni must return them to the Seller or Ticketfoni (as instructed by Ticketfoni) upon Ticketfoni's request.

11.8. Postponement: If an event is postponed, Ticketfoni will work with the Buyer and Seller to resolve ticket issues on a case-by-case basis. The Seller is not permitted to resell, void, or exchange tickets for postponed events. There will be no refunds for postponed events unless the event is ultimately canceled. This is acknowledged and accepted by the User.

11.9. Other event changes: Ticketfoni is not responsible for changes in the nature, duration, venue, cast or time of the performance. In these cases, Users will not be refunded in any case. Users know and accept this situation.

11.10. If the Seller's ticket information (block, row, and seat) is not clearly indicated, User tickets may not be delivered side by side. As long as the purchased quantity is delivered from the same block or tribune, the sale is considered valid and approved. The Buyer cannot request a refund at this time. The Buyer accepts this situation in advance.  

11.11. Ticketfoni cannot be held liable for any damages that users may incur if they are denied admission to the event or removed from the event by local authorities or organizers.

12. TICKET LISTING 

Ticket Listing Rules:

12.1. The Seller must provide accurate and complete information about the tickets listed when listing them. If the User fails to comply with this Agreement and the conditions in this article when listing tickets, Ticketfoni may remove the listing from publication, cancel the sale, and prevent payment for the sale. In such cases, the Seller will be required to make additional payments to the Buyer in order to provide replacement tickets. The Seller is aware of the situation and accepts it.

12.2. Ticket listings accurately represent actual seat location. Without the Buyer's consent, tickets may be exchanged for a better seat. 

12.3. Ticket prices may be higher or lower than the face value printed on the ticket. The User is aware of and accepts the situation. The Seller is free to set any price he wants for his tickets. However, it is the Seller's sole responsibility to ensure that all applicable laws, statutes, and regulations are followed when determining the selling price of tickets.

12.4. When listing tickets on the Ticketfoni website, the Seller is required to provide complete and accurate information such as the name of the Event, date, category/section, order, seat number, and all other necessary ticket information. Before the Sale, the Seller must be able to issue the tickets on the list. 

12.5. When listing tickets on the Ticketfoni website, the Seller is obliged to provide complete and accurate information about any requirements and restrictions on or off the Ticket.

12.6. Before the sale is finalized, the Seller may change the Ticket price or remove the advertisement. 

12.7. By listing a Ticket on Ticketfoni, the Seller extends an offer to the Buyer who wishes to purchase the Ticket at the stated price. If the Buyer buys the ticket listed by the Seller, the Seller is obligated to deliver the ticket to the Buyer within the specified delivery time. The Seller is responsible for all consequences resulting from its failure to deliver.

12.8. When listing tickets with seats, all tickets in the same listing must have sequential seat numbers. If the Seller submits non-consecutive tickets and lists them as such, Ticketfoni may invoice the Seller for replacement fees and additional charges. 

12.9. The Seller must deposit with the Site an amount equal to 50% of the price of tickets to be sold at risk events. 

12.10. Ticketfoni may promote the tickets and products listed for sale by Users on its own site or on other sites or media with which it collaborates.

12.11. For all tickets listed, the Seller guarantees that the descriptions of the tickets offered for sale are detailed and accurate and clearly describe the ticket. The Seller warrants that it is in possession of a genuine Ticket and that it has the right to transfer and resell the Tickets. The Seller warrants that it has the right to resell the Tickets for commercial reasons. 

12.12. The Seller shall publish his/her Offer on the Site free of charge. Ticketfoni will only charge a Service Fee for the sale or rental of the Ticket in question. 

12.13. Prohibited Items Not Allowed for Listing

•  Even if they are in the same row, tickets for non-consecutive seats cannot be listed in the same ad.

•  Tickets with back-to-back rows in the same section or not in the same section cannot be advertised together. 

•  Tickets for diagonal seats in different rows cannot be advertised together. 

•  Tickets that are not available for short sale to the User cannot be listed. (You cannot sell short. Speculative tickets cannot be listed, sold, or purchased). Tickets that you have legally obtained from official institutions and that you absolutely own, as well as tickets that will arrive on time by cargo, can be listed.

•  Stolen items are not listed. The sale of stolen goods on Ticketfoni is strictly forbidden and violates both national and international law. Ticketfoni supports law enforcement efforts to recover stolen goods listed on the Site and criminal penalties for those who knowingly try to sell such goods on the Site. Stolen goods include both items obtained from private individuals and items obtained without authorization from their companies or governments.

•  Tickets that cannot be delivered on time cannot be listed. The Seller is obliged to ship the tickets to be delivered by Cargo so that they reach the Buyer on time before the event. The Seller is absolutely obliged to list tickets that he knows will reach the Buyer on time. Otherwise, the Seller is responsible for all damages of the Buyer.  

•  Valid, invoiced, and known origin tickets must be listed. It is the Seller's sole responsibility to ensure that the tickets listed for sale on Ticketfoni are valid and to list them. 

•  If the Seller submits false, misrepresented, invalid, fraudulent, or counterfeit tickets for any sale or part and/or all of a sale, the Seller must pay the Buyer's damages as well as additional penalties.

•  Damaged barcodes and unreadable tickets cannot be listed.  

•  Tickets cannot be listed and published on any website other than Ticketfoni.  

If the Seller intends to publish tickets on other websites, he or she must remove the advertisement for the ticket in question from the Ticketfoni Site immediately.

13. TICKET DELIVERY  

13.1. Ticket Delivery Process:  

Providing incorrect or incomplete information may result in non-delivery of tickets, in which case the User will be held liable to pay for routing and processing fees. The Buyer will be held liable for incorrect order information.

When the Buyer clicks on the buy button to purchase a ticket, enters the required information and pays on the order and payment page; 

- The Site will first place the order in the "Checking Pending" status. 

-The Website tries to verify the Buyer's payment method and order details. At this stage, the Sold section will show one of three different statuses (A-B-C).

A- Checking, Pending  

Payment and order information verification processes may extend order processing times by up to 21 days if payment verification fails on the first attempt or is extended. The transaction becomes inapplicable in the sold section after 21 days. The primary reason for pending orders is that the Buyer's credit card has not been approved. As a result, before placing an order, the User's payment card must be open to secure shopping abroad.

B- Transaction Not Fulfilled  

If the payment confirmation fails or there is fraud, the order is canceled. When an order is canceled, the Site will notify you and mark the order as unfulfilled in the Sold section. Instead of the unfulfilled transaction, the User will be able to place a new order on the Website. 

C- When an order's payment is confirmed, the Site updates it with one of the order statuses listed below, depending on the Ticket type.

Ready for Delivery, Missing proof of delivery, Missing proof of mobile delivery, Missing proof of hand delivery 

An order confirmation is sent to the Buyer with an estimated delivery date. However, only e-mail notifications should not be checked for order confirmation, the User should frequently check the "Sold" page for unsent orders.  

Timeframes for delivery of Tickets to the Buyer from the Date of Sale;    

The Seller is obliged to report the tickets as "Ready for Delivery" or "Not Ready for Delivery" when listing them.  

For Delivery of Sold Tickets (Passolig Tickets);  

If the event is more than 72 hours away: Tickets must be transferred on the same day they were purchased.

If the event is less than 12 hours away; Tickets must be transferred within 2 hours after the sale. 

For Mobile Transfer Tickets sold out; 

If the event is more than 72 hours away: Tickets must be transferred on the same day as the day of sale. 

If the event is between 12 hours and 72 hours away; Tickets must be transferred within 4 hours of the sale. 

If the event is less than 12 hours away; Tickets must be transferred within 2 hours after the sale. 

Electronic (PDF) Tickets;

If the event is more than 72 hours away: Tickets must be uploaded on the same day as the day of sale. 

If there is a period between 12 hours and 72 hours: Tickets must be uploaded within 4 hours after the sale. 

If the event is less than 12 hours away; Tickets must be uploaded to the system within 2 hours after the sale.

13.2. Managing the Delivery Time for Tickets and Cargo 

Set the default shipping address 

For each user account, only one "Default Shipping Address" can be specified. This option also applies to all services and listings linked to the same merchant account.

Manage Your Delivery Time - Edit Shipping Lead Time  

On the checkout pages, buyers are given an estimated delivery time. This estimate considers the time between when the Buyer places the order and when the order is delivered to the Buyer's address. The delivery time is the time between the Buyer placing the order and the Seller transmitting the order to the Buyer and receiving full payment from the Buyer. 

The Seller is required to ship the paper tickets to the Buyer's address by Cargo within one business day of the sale date, and to correctly enter the cargo company and cargo tracking number into the system.

The sold section allows you to track the status of your orders. Ticketfoni will also notify you via email for each order that has been processed in the system. 

Buyer's Request for a Different Delivery Address; 

If the Seller has not yet shipped the Order, the Buyer can e-mail the correct address to info@ticketfoni.com and the Site will notify the Seller of the change. Sellers will only ship to the address specified in the detail section of the sold section, except in this case.

14. WARRANTY 

14.1. Ticketfoni cannot be held responsible in any way for ticket orders that are caused by the Seller and cannot be shipped. Ticketfoni shall be solely responsible for the refund of the payment made by the Buyer and shall have no further obligations after the refund of the payment. 

14.2. Ticketfoni guarantees that the Seller will be paid for the sale of tickets provided that the Seller sends the tickets listed for sale to the Buyer in accordance with this Agreement and the Sales policies and the Buyer successfully enters the event. Otherwise Ticketfoni shall have no obligation to make any payment to the Seller.

14.3. Ticketfoni guarantees its users confidentiality and security in all transactions. Confidentiality of information is ensured by 256-bit Secure Sacket Layer (SSL) encryption. All transactions are paid through trusted financial institutions. In addition, a digital certificate guarantee is applied for the use of the Site.  

14.4. Ticketfoni software, services, the Site, any ticket, any event, any listing, and, without limitation, Ticketfoni makes no guarantees about any subject or service on the Site. This situation is accepted, declared, and undertaken by the User.

14.5. Ticketfoni shall not be liable for any special, general, direct, or indirect damages; loss of profit, goodwill, or reputation; or other monetary loss; other consequential damages; access to or use of the Site or services; viruses; any user content; or the time or manner in which the tickets listed appear on the Site or services. This is acknowledged and accepted by the User. 

i. SELLER GUARANTEE 

Ticketfoni guarantees to collect the fees for all successfully completed transactions on behalf of the Seller.

Ticketfoni will collect the advertised price, delivery fee, taxes and other related fees, if any, from the Buyer upon completion of the ticket transaction between the Buyer and the Seller. Payment is made to the payment institution contracted by Ticketfoni. Ticketfoni will also pay the Seller according to the payment method chosen by the Seller if the sale is completed with a valid ticket (correct order) after the event.

When the Buyer completes the Order, the advertised price, delivery fee and taxes, if any, are collected from the Buyer. The Seller is not provided with the Buyer's payment information. Ticket price is paid to Ticketfoni. Ticketfoni pays the Seller according to the payment method chosen by the Seller if the sale is completed with a valid ticket (correct order). 

Ticketfoni guarantees the Seller the right to change the prices of the tickets published by Ticketfoni or to remove the ticket from the advertisement until such time as Ticketfoni notifies the Seller by e-mail that the sale of the ticket has been confirmed or is pending.

i. BUYER GUARANTEE 

Furthermore, Ticketfoni guarantees to refund the ticket price paid if an event is canceled. However, in order for an event to be considered canceled, the event organizers must make an official announcement, there must be no new date for the same show, and the organizer must refund the tickets. Otherwise, the event will not be deemed canceled, and Ticketfoni will be under no obligation to refund the ticket price. The user accepts this situation in advance. 

 

 15. DURATION AND TERMINATION OF THE CONTRACT 

15.1. This User Agreement shall commence on the date the User creates a user account on the website https://www.ticketfoni.com/ and shall continue indefinitely unless terminated in accordance with the terms of this Agreement. 

15.2. The User may terminate this User Agreement at any time by contacting Customer Services and requesting the closure of his/her account. If the User requests the closure of his/her account, the request for closure will be considered as a request for termination of this User Agreement. Within thirty (30) days from the receipt of the termination request by Ticketfoni, the relevant account will be closed for use and this User Agreement will be terminated.

15.3. Ticketfoni, on the other hand, may unilaterally terminate this User Agreement at any time, without justification, provided that seven (7) days prior notice is given to your registered e-mail address. The User is aware of and accepts the situation.

15.4. In the event that this User Agreement is terminated by the Seller, the Payment Services Agreement (to the extent applicable) shall be deemed terminated from the moment the User Agreement is terminated.  

15.5. Termination of this User Agreement shall not affect the rights or obligations of either party accrued prior to the date of termination or expiration.

 

16. BREACH OF THE AGREEMENT AND PENAL PROVISIONS 

16.1. Ticketfoni has the right to investigate suspected violations of this User Agreement, Sales Policy, Privacy Policy and Cookie Policies.  

16.2. At its sole discretion, Ticketfoni may limit, temporarily or permanently suspend, or terminate the accounts of Users suspected of violating or committing violations. Ticketfoni reserves the right to restrict or prohibit access to and activities on the Site and/or Services, to remove listings, cancel sales, to remove any special status associated with an account, to reduce or eliminate discounts, and to stop payment. The User accepts and declares this in advance.  

16.3. Ticketfoni shall be entitled to recover all damages (including, without limitation, all related costs and damages) incurred by the User due to the User's failure to pay through the payment system with which Ticketfoni cooperates or misuse of payment from the User who breaches this Agreement.

16.4. The User who benefits from the services offered by Ticketfoni and uses the Site may only perform transactions on the Site for lawful purposes. The legal and criminal responsibility for all kinds of transactions and behaviors of the User within the Site and services belongs to the User himself/herself. Each User accepts, declares and undertakes that he/she will not reproduce, copy, distribute, process the pictures, texts, visual and audio images, video clips, files, databases, catalogs and lists contained on the Site in a way that constitutes an infringement of the real or personal rights or assets of Ticketfoni and/or another third party, and that he/she will not directly and/or indirectly compete with Ticketfoni either through these actions or in other ways. Ticketfoni shall not be held responsible in any way, directly and/or indirectly, for any damages suffered or may be suffered by third parties due to the User's activities on the Site in violation of the provisions of the User Agreement and/or the law.

16.5. The User agrees, declares and undertakes that he/she will not carry out transactions to transfer money between his/her own membership on the Site or the memberships belonging to the person or persons he/she knows or knows, and that he/she will not engage in behaviors that will manipulate the functioning of the Site, and in all other cases, he/she will indemnify Ticketfoni for any damages incurred by Ticketfoni, and if he/she carries out any of the activities listed in this article; he/she accepts, declares and undertakes that he/she is obliged to pay the full amount of the resulting damage.

17. GENERAL PROVISIONS  

17.1. This User Agreement (the Sales Policy, Privacy Policy, Cookie Policy and all documents incorporated by reference) constitutes the entire Agreement between the parties with respect to the subject matter hereof and supersedes all prior Agreements and understandings, whether written or oral, between the parties with respect to the subject matter hereof. No modification, amendment or supplement to any provision of this User Agreement shall be valid or effective unless made in accordance with the express terms of this User Agreement.  

17.2. If any provision of this User Agreement is held to be invalid or unenforceable in any circumstances, it shall not affect the remaining provisions of this User Agreement.

17.3. Ticketfoni may assign its rights and obligations under this User Agreement at any time, provided that the User Agreement may be assigned on the same terms or conditions that are no less advantageous to the User. However, the User may not assign any right or obligation arising out of this User Agreement without the prior written consent of Ticketfoni.  

17.4. Neither this User Agreement nor the use of the site/services by the User shall constitute any representation, partnership, employer-employee relationship, or Franchisor-Franchisee relationship with Ticketfoni.

17.5. Nothing in this User Agreement is intended to provide benefits, rights or remedies to any person or entity other than the parties to this Agreement and their permitted successors and assigns.

17.6. The subject heading at the beginning of each paragraph of this User Agreement is for reference purposes only and in no way defines, limits, interprets or explains the scope of such paragraph. 

17.7. Ticketfoni's failure to take action in respect of a breach by the User or others shall not constitute a waiver of its right to take action in respect of subsequent or similar breaches. Ticketfoni makes no guarantee that it will take action in response to all violations of this User Agreement.

17.8. Legal notices will be sent to your legal entity by registered mail with return receipt requested.Ticketfoni will send notifications to the e-mail address registered with Ticketfoni during the registration process.Unless Ticketfoni is notified that the e-mail address is invalid, notification will be deemed to have been duly served 24 hours after the e-mail is sent.Alternatively, legal notice may be sent by registered mail, return receipt requested, to the postal address you provided during registration.Notifications sent to either party by registered mail will be deemed to have been received by that party three days after the date of mailing.

18. PRIVACY POLICY AND PROTECTION OF PERSONAL DATA

18.1. Ticketfoni may use User information in accordance with the regulations outlined in the Privacy Policy. Ticketfoni shall not make the confidential information of the Users available to third parties and institutions, except as permitted in the User Agreement, contrary to the texts on the protection of Personal Data and the Privacy Policy.

18.2. Ticketfoni accepts as an obligation to keep the confidential information provided to it strictly private, to keep the information as a secret, except for the scope of business, and that it will take all necessary measures to ensure and maintain confidentiality, not to disclose all or any part of the confidential information to the public or not to disclose it to an unauthorized User or a third party, and will fully fulfill all its obligations.

18.3. Our User Privacy Notice applies to all communications between the User and Ticketfoni (including our service providers, parent company, or affiliates).

19. INTELLECTUAL PROPERTY RIGHTS 

19.1. Users may not sell, share, distribute, display, reproduce or allow anyone else to use Ticketfoni Services, Ticketfoni information and Ticketfoni copyrighted works without informing Ticketfoni and obtaining its express permission; otherwise, they will be liable to indemnify Ticketfoni for any other damages, including, but not limited to, damages and all legal expenses, including, but not limited to, damages claimed from Ticketfoni for damages suffered by third parties, including, but not limited to, licensors.

19.2. Ticketfoni reserves all rights to Ticketfoni Services, Ticketfoni information, Ticketfoni copyrighted works, Ticketfoni trademarks, Ticketfoni trade dress or all assets, real and personal rights, commercial information and know-how, including any material and intellectual property rights it owns through the Site.

19.3. Except for third-party content and applications, Ticketfoni owns the Services provided under this Agreement and the Intellectual Property Rights related to the Site, unless otherwise stated in the Agreement. The User shall not in any way claim any rights over the Intellectual Property Rights and shall refrain from any activities that may cause the copying, reproduction, dissemination, reverse engineering, reverse engineering or infringement of the Intellectual Property Rights in any way; reproduce, modify or prepare derivative works based on the Intellectual Property Rights and the Services, match any part thereof, distribute, license, lease, rent, sell, resell, transfer, make public, make available to the public, release, publish, The User expressly represents and warrants that he/she will not misuse the Site, the Services or the Intellectual Property Rights in any other way, including, but not limited to, using any program or application or code that overloads or interferes with the operation or function of the Services or the Site, or attempting to gain unauthorized access to or disrupt the Site or related systems or networks. Otherwise, the User shall be held liable for any direct or indirect damages suffered by Ticketfoni.

20. FORCE MAJEURE 

20.1. The term "force majeure" refers to unavoidable events beyond the reasonable control of the relevant party that Ticketfoni is unable to prevent despite exercising reasonable care, such as natural disasters, riots, war, strikes, communication problems, infrastructure and internet failures, power outages, and bad weather conditions. 

20.2. Ticketfoni shall not be liable for late or incomplete performance, or non-performance, of any of its obligations under this User Agreement in all cases where "force majeure" is declared by law. These and similar cases shall not be considered a delay, incomplete performance, non-performance, or default for Ticketfoni, nor shall any compensation be claimed from Ticketfoni in any form.

20.3. Ticketfoni shall not be in default or otherwise liable under this User Agreement for any failure to perform its obligations due to any fire, earthquake, flood, severe snowstorm, epidemic, accident, explosion, casualty, strike, lockout, labor dispute. In the event of delay due to riot, civil commotion, act of public enemy, terrorism, cyber terrorism, embargo, war, natural disaster or any municipal, county, state or national law or statute or any administrative, executive or judicial order, unless such delay is caused by any act or omission of Ticketfoni which would constitute a default under this Agreement or any transportation, Any failure or delay in the power or communication system or any other or similar cause beyond Ticketfoni's control shall be deemed to be force majeure and Ticketfoni shall not be liable for any such force majeure.

21. TAXES

21.1. The Seller is obliged to determine whether any taxes are due as part of the ticket sale and to collect and/or pay such taxes. All applicable taxes must be included in the sale price of the ticket(s). In the event Ticketfoni is required (without notice to You) to provide information to tax authorities regarding payments collected by Ticketfoni, the Seller/Buyer agrees to provide Ticketfoni with a tax identification number and authorize Ticketfoni to provide such information to the relevant tax authorities.  All applicable sales, use, excise, value added, service, and other indirect taxes are included in the Service Fees.

21.2. The Seller is liable for any sales tax or similar taxes incurred as a result of the sale of the Ticket. Ticketfoni accepts no liability in this regard. If the Seller will pay tax on the sale, he/she must add this tax fee to the ticket price when putting the ticket on sale. This fee is separate from the taxes that Ticketfoni reflects on the fees.

21.3. In the event that Ticketfoni is required to inform the relevant tax authorities about payments received through the Site, the User is obliged to provide Ticketfoni with the tax number and all other necessary information. The User also agrees to authorize Ticketfoni to disclose this information to the necessary authorities. 

22. APPLICABLE LAW AND JURISDICTION  

22.1. French Law shall apply to the execution and interpretation of this User Agreement, as well as the management of legal relations arising from its provisions.

22.2. The ICC Paris Arbitration Courts are authorized to resolve any dispute arising from or related to this User Agreement.

23. ENFORCEMENT

23.1. The User accepts, declares, and undertakes that he/she has read this Agreement, all Policies, particularly the Sales Policy, Privacy Policy, and Cookie Policy, which are annexes to the Agreement, understands its entirety, and approves all of its provisions. The User accepts, declares, and undertakes that this Agreement and its annexes are complete and that the articles in the annexes are a part of the Agreement.

23.2. If the User does not accept the terms of this Agreement, the User shall not be able to use the Site and the Services provided through the Site.

23.3. This Agreement, consisting of 23 (twenty-three) articles, has been concluded electronically between Ticketfoni and the User as a result of the approval of the "Start My Membership" tab upon filling in the information fields on the Site by the User.