1. GENERAL TERMS

1.1 Tixnet

Tixnet AS (“Tixnet”) is an independent Norwegian based provider of Internet ticket services for companies and individuals having registered as and satisfying the criteria for being users of Tixnet’s services (“Registered Users”).

1.2 Tixnet’s services: Tix For Free™ and TixSecure™

Tixnet’s services at the Tixnet website include Tix For free™ and TixSecure™.

Tix For Free™ facilitates contact between Registered Users for the buying and selling of tickets. This service is provided by Tixnet free of charge. The fulfillment of confirmed orders, including delivery and shipment of tickets, is the responsibility of the Seller. Tixnet is not party to any agreement between the Buyer and the Seller, and does not warrant or otherwise assume liability arising from any transactions resulting or not resulting from the use of Tix For Free™.

TixSecure™ allows Registered Users to purchase tickets through Tixnet from selected professional ticket brokers or event organizers (“Secure Sellers”). The prices are determined by the Secure Sellers, which shall comply with TixSecure’s minima contract requirements.

The Tixnet™, Tix For Free™ and TixSecure™ trademarks are the property of Tixnet AS.

1.3 The Conditions of use

The use of Tixnet’ services is governed by these Conditions of Use, which consist of the General Terms (Chapter I) supplemented by the Tix For Free™ and TixSecure™ specific regulations set out in Chapters II and III respectively.

Tixnet reserves the discretionary competence to amend the Conditions of Use at any time. Any amendments will take immediate effect once the revised Conditions of Use have been uploaded on the site.

You will be bound by the version of the Conditions of Use in effect when you register as a user, when you upload any advertisements and/or when it is documented that you have sold or bought tickets by credit card or other generally accepted means of payment.

We advise you to read and understand the Conditions of Use prior to using the services provided by Tixnet. The relevant version of the Conditions of Use will be considered as legally accepted when you have ticked the “I accept” button when registering as a user, as well as when uploading advertisements or when paying for tickets at TixSecure™.

1.4 The Registered Users

In order to register with the Tixnet service, individual, personal users must be at least 18 years old and be competent to enter into legally binding contracts. In order to register as a company with the Tixnet service, the company must be represented by someone who is entitled to accept the conditions set out in the Conditions of Use with binding effect for the company according to applicable law.

As a Registered User you hereby declare that you shall comply with all applicable laws and the terms and conditions set out in these Conditions of Use. You also confirm that you have provided correct and complete information in your registration as a user or in your orders. You acknowledge that you shall not submit any incorrect information when using Tixnet’s services, including, but not limited to, false names or addresses.

As a Registered User you acknowledge that Tixnet is an independent contractor, that the relation between you cannot be construed as an agency, partnership or other.

1.5 Privacy policy

The use of Tixnet’s services necessitates use, such as collection, storage, alignment, disclosure and other means of processing, of data provided by the Registered Users, including personal information and financial information concerning individual Registered Users. By accepting these Conditions of Use, as explained in clause 1.3, you consent to Tixnet’s use of your personal information, subject to applicable law, for the purposes specified in this Conditions of Use, including Tixnet’s transfer of information to recipients located in countries outside the EEA, as explained below.

You will be bound by the version of the privacy policy in effect when you register as a user. The privacy policy may be amended, and you will be bound by the amended versions of the privacy policy on similar terms as you will be bound by amended versions of the Conditions of Use.

The information provided to Tixnet by Registered Users is being used for a double purpose:

• The information is used for enabling Tixnet to reach the Registered User with requests related to the Registered User’s upload of Tix For Free™ advertisements or other service purposes, or is submitted to other Registered Users or Secure Sellers by Tixnet in reply to specific advertisements or listings.
• The information is used for enabling Tixnet to process TixSecure™ orders and payments.

Tixnet may disclose the information to third parties, such as but not limited to Secure Sellers, sub suppliers, partners and others, relating to the above-specified purposes. Tixnet may also disclose information if legally required, if requested by a governmental entity or as necessary to conform to a legal process. Moreover, Tixnet may disclose the information to third parties who acquires all or a substantial portion of Tixnet’s business, whether such acquisition is by way of merger, consolidation or purchase of all or a substantial portion of our assets.

Although Tixnet does not control these third parties and are not responsible for their use of information, it is Tixnet’s belief, in good faith, that Tixnet’s partners world-wide provide a sufficient level of privacy and data security.

You acknowledge that third parties to whom the information may be disclosed may be located in countries around the world, including countries outside the EEA that might not have legislation that guarantees adequate level of privacy and data protection, compared to your country of residence.

You are responsible for ensuring that your log-in credentials (your username and password) are kept confidential. Tixnet has implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorised access, use, alteration or disclosure. Notwithstanding such measures, Tixnet cannot guarantee that unauthorised third parties are not able to defeat those measures or use your personal information for improper purposes.

Tixnet uses "cookies" to help personalize and maximize your online experience. Tixnet may also allow third parties to set their own cookies on the Tixnet.com site, for instance for the purpose of displaying advertisements. You have the ability to accept or decline cookies at any time by modifying your browser settings.

1.6 Compliance

The Registered Users undertake to comply with all requirements set out in the relevant national legislation. The Registered Users’ sale of stolen or forged tickets or the sale of tickets subject to terms which are contrary to relevant national legislation – for example bans on second hand sales of tickets for prices which exceed the initial sales price stated on the ticket – or which are otherwise contrary to enforceable resale restrictions, are prohibited on the Tixnet website.

Registered User’s use of the functionalities of the Tixnet website to other purposes than the sale or purchase of tickets is prohibited, including, but not limited to, fraud, defamation and libel.

Tixnet does not survey material uploaded on the Tixnet website on a general basis. If Tixnet has reasonable grounds to believe that a Registered User acts in violation of the Conditions of Use or of relevant national legislation, Tixnet is entitled to take appropriate measures to make these activities cease, including, but not limited to, by closing the Registered User’s account, suspend any advertisements and providing all data Tixnet deems necessary to the relevant public authority.

Any breach of these requirements may be reported to Tixnet by making use of Tixnet’s “flagging” functionality.

1.7 Cancellation

The Buyers are not entitled to cancel any purchases of tickets made at Tixnet.

1.8 Copyright etc

Tixnet has property or licensed rights to content, databases and copyrighted material on the Tixnet website.

Tixnet has the rights to the company name TIXNET AS and the trademark TIXNET™.

Tixnet also holds the rights to the trademarks TIX FOR FREE™ and TIXSECURE™.

Any infringement of these rights, including unauthorized reproduction or editing of content from the site, will be prosecuted.

Registered Users’ warrant that they have all relevant rights to material uploaded at the Tixnet website.

1.9 Contact details

Any queries to Tixnet must be made by means of the standardized forms provided at this website.

Tixnet will send all information and notices to the e-mail address provided to Tixnet when you were registered as a Registered User.

The Registered Users shall ensure that their contact details are always updated.

Any wrongful delivery of tickets due to incorrect addresses shall be the responsibility of the Registered User.

1.10 Authoritative version

In case of discrepancy between the different linguistic versions of the Conditions of Use, the English version shall take precedence.

1.11 Liability and indemnification

Tixnet disclaims any responsibility whatsoever for any direct or indirect losses or damages incurred by Registered Users, including but not limited to, loss of profits or consequential losses that may result from Tixnet’s services as provided at Tixnet.com, the site and/or its functionality, including, but not limited to, the temporary or prolonged malfunction, suspension or termination of the services or the site.

Except as expressly stated in the Conditions of Use, Tixnet declines any responsibility whatsoever arising from the buying and selling of tickets taking place at the Tixnet website.

A Registered User shall hold Tixnet harmless against all consequences of harmful or negligent activities it carries out at the Tixnet website, in particular consequences of Registered User’s breach of these Conditions of Use or of national legislation.

Any Registered Users’ negligent breach of Article 1.6 of these Conditions entitles Tixnet to damages for documented direct and indirect costs and losses suffered or incurred due to the breach of Article 1.6. Such costs and losses include losses of sales and legal fees.

Unless explicitly provided for in the Conditions of Use, the Registered Users waive any claims for liability against Tixnet for other Registered Users’ or Secure Sellers’ actions, whether related to the payment for or the delivery, validity or use of the tickets, or whether related to their offensive, defamatory or otherwise illegal behavior on the website.

2. TIX FOR FREE™

Tix For Free™ facilitates contact between Registered Users for the buying and selling of tickets.

In order to buy/sell tickets from/to another Registered User on Tix For Free™, you will either have to upload an advertisement identifying the tickets that you would like to buy/sell, or you can review relevant advertisements at Tixnet.com and proceed directly towards the Registered User having uploaded a Tix For Free™ advertisement.

In order to upload advertisements you will have to register as a Registered User.

2.1 Upload procedures

The procedure to follow when uploading an advertisement for the selling or buying of tickets is as follows:

• Click on the link “Free ad - Buy & Sell”.
• Find the event for which you want to sell or buy tickets for.
• Register number of tickets, prices, images(s) and other information about the tickets you want to sell or buy.
• Log in or register as a new user.
• Confirm your ad.

2.2 Costs

The Tix For free™ service is free of charge.

Tixnet reserves the right to introduce charges.

2.3 Terms and conditions between Seller and Buyer using Tix For Free™

The Seller and the Buyer shall agree upon the terms and conditions of the purchase of tickets within the framework of applicable national legislation, including parts concerning price, payment and delivery.

Tixnet is not a party to the agreement between the Seller and the Buyer. Tixnet disclaims any liability arising from the contractual relationship between the Seller and the Buyer, and does not warrant or otherwise assume liability arising from any transactions resulting or not resulting from the use of Tix For Free™.

The fulfillment of confirmed orders, including timely delivery or valid tickets in accordance with the contract, is the responsibility of the Seller.

3. TIXSECURE™

TixSecure™ allows Buyers to purchase tickets through Tixnet from selected professional ticket brokers or event organizers (“Secure Sellers”). The prices are determined by the Secure Sellers, which shall comply with TixSecure’s minima contract requirements.

In order to buy TixSecure™ tickets, the Buyers must register as Registered Users at Tixnet.

3.1 Costs

The costs of the ticket and any additional fees shall be indicated in the Secure Sellers’ listing.

3.2 TixSecure™ Secure Seller obligations

In order to provide their services at TixSecure™, Secure Sellers must warrant that

• all listing, selling and shipping of tickets to Buyer are in compliance with applicable legislation. This obligation includes that tickets shall not be forged; that
• Secure Seller shall comply with the terms set out in Tixnet’s privacy policy; that
• Secure Seller shall comply with the terms set out in the General Conditions of Use, including, but not limited to, Article 1.6 concerning Compliance; that
• if Secure Seller is not able to ship or deliver a ticket corresponding to the specifications listed on and sold through the Tixnet website, Buyer must approve in writing of the shipping or delivery of a ticket with differing specifications, and that
• they shall comply with the TixSecure™ Refund Guarantee.

Tixnet is not a party to the agreement between Secure Seller and Buyer.

Tixnet disclaims any liability arising from the contractual relationship between Secure Seller and Buyer, and does not warrant or otherwise assume liability for any transactions resulting or not resulting from the use of TixSecure™.

Any Secure Seller’s supplementary terms and conditions and/or any organizer’s terms and conditions, including, but not limited to, regulations governing the entrance to the Event, shall be made available to the Buyer by the Secure Seller at Buyer’s written request by means of Tixnet’s standard contact form.

3.3 Payment

Buyer’s payment shall be made at the Tixnet website by credit card or other means of payment accepted at the time of payment at Tixnet.

Card Acceptance is processed via TixNet AS. This is part of a service rendered by Tixnet AS to facilitate the transfer of the tickets

3.4 TixSecure™ Refund Guarantee

• If tickets ordered from Secure Sellers and paid with TixSecure™ for an Event are not delivered to the Buyer within a reasonable time prior to the Event and the delay is the main cause for the Buyer missing the Event, or
• If the said Event is canceled, or
• if the tickets are not valid, or
• if the tickets do not correspond to the specifications listed at Tixnet and the Buyer has done all that can be reasonably expected to verify that the tickets received correspond to the tickets ordered, and has taken all such action which can be reasonably expected to get the correct tickets, including informing Tixnet of the incorrect tickets;

the Buyer will be entitled to a refund of any documented deposits and/or (pre)payments made by Buyer to Tixnet for the tickets.

If the Event is postponed, the Buyer will be entitled to a refund if the ticket purchased is not valid for the new Event. If the ticket is still valid, the Buyer will not be entitled to refund according this Article. Claims for refund under the TixSecure™ Refund Guarantee must be made by means of the indicated form at the Tixnet website. Such claims must be made within 14 days after the official cancellation/postponement of the Event (cancellation or postponement) or the Event (delay or invalid or incorrect tickets).

Except as set out in this Article 3.4, Buyer has no claim against Tixnet for refund of tickets purchased through the Tixnet website.

4. JURISDICTION AND LEGAL VENUE

These Conditions of Use shall be governed by and construed in accordance with Norwegian law.
The exclusive legal venue shall be Oslo City Court, Norway.