Public offer
Public offer for the sale of tickets for cultural and entertainment events (public offer TALON PROJECT LLP)
In this Public Offer for the sale of tickets for cultural and entertainment events (hereinafter - the "Offer"), the following terms and definitions are used equally in the singular and plural, with the following meanings:
1.1 Agent -TALON PROJECT LLP, an authorized legal entity on the basis of agreements concluded with the Organizers (other persons authorized by the Organizer) to provide services for the distribution, booking, issuance and sale of Electronic Tickets for various Events;
1.2 The System is a chatbot in the Telegram messenger located on the Internet at: www.t.me/potalonubot or a website on the Internet at: https://potalonu.com/;
1.3 Cancellation - removal of electronic tickets from the Order with automatic transfer to free sale in the System. If the Order is not paid, it is canceled automatically in 10 minutes from the moment of placing such Order;
1.4. Electronic ticket - an image containing a QR code certifying the right of the holder of such a document to attend the Event. The ticket is executed in accordance with the form established for a particular type of service and is generated by means of an automated system (the System);
1.5 Reservation - an Order formed and pending payment by the Buyer;
1.6 Service Agreement - a service agreement concluded (to be concluded) on the terms and conditions of this Offer between the Buyer and the Agent, under which the Agent shall provide services for booking and registration for the sale of Electronic Tickets for Events, and the Buyer shall pay for the services rendered by paying the Service Fee;
1.7 Service Agreement in connection with the Event - a service agreement concluded (to be concluded) on the terms of this Offer between the Organizer and the Buyer, in accordance with which the Organizer undertakes to provide the Event at the place and time specified on the Electronic Tickets (to provide the Buyer with the service of holding the Event at the place and time specified on the Electronic Tickets, to ensure the possibility of the Buyer's admission to the Event on the Electronic Ticket, the Buyer, on its part, to provide the Buyer with the service of holding the Event at the place and time specified on the Electronic Tickets, and the Buyer, on its part, to provide the Buyer with the service of holding the Event at the place and time specified on the Electronic Tickets).
1.8 Contracts - Service Agreement and Service Agreement in connection with the Event concluded (to be concluded) on the terms and conditions of this Offer;
1.9. Order - one or more Electronic Tickets for one (several) Events selected by the Buyer (for the Buyer) from the System and united in the System by a single identification number;
1.10. Event - a cultural and entertainment event, including a theatrical performance, circus performance, concert in a hall, club or outdoor venue, exhibition, film screening, festival, show, fashion show, sports competition, excursion, as well as any other event that can be attended only upon presentation of a special document - Electronic Ticket;
1.11. Nominal value of the Electronic Ticket - the price of attending the Event set by the Organizer for all Buyers;
1.12. Organizer - a legal entity or taxpayers of professional income tax, which organizes and conducts the Event on the basis of relevant transactions (agreements, contracts);
1.13. Principal - a legal entity (individual entrepreneur) acting on behalf of the Organizer or on its own behalf, but in the interests of the Organizer, entrusting the Agent to undertake obligations to sell Electronic Tickets to Buyers. The Principal may also be the Organizer;
1.14. Offer - this public offer of the legal entity TALON PROJECT LLP for the sale of tickets for cultural and entertainment events, published on the Internet at https://potalonu.com/;
1.15. Buyer - a natural person who is a citizen of the Russian Federation, as well as any other state, who has applied to the Agent for the purpose of purchasing an Electronic Ticket on the territory of any state;
1.16. Service Fee means monetary funds charged from the Buyer upon sale of an Electronic Ticket for the services rendered by the Agent for booking, registration, formation and sale of Electronic Tickets, as well as for information support of the Buyer via the System, as well as via other communication channels in connection with booking, registration, formation and sale of Electronic Tickets, cancellation, replacement and (or) postponement of Events, as well as on other issues;
1.17. The Parties are jointly the Agent and the Buyer, unless the context of the provisions of this Offer indicates otherwise.
This Offer regulates the conditions and procedure for the sale of Electronic Tickets and contractual obligations (rights and obligations) arising in connection therewith for the Agent and the Buyer.
2.1 The Electronic Tickets shall be sold to the Buyer only on the terms and conditions of this Offer and only in case of its full and unconditional acceptance. Partial acceptance, as well as acceptance on other terms is not allowed. The use of the Agent's services by the Buyer on the terms and conditions offered in this Offer indicates the conclusion of a respective contract between them by means of performing conclusive actions.
2.2 The Electronic Ticket is sold to the Buyer under the terms of this Offer exclusively for personal purposes not related to the Buyer's business activities. The Buyer accepts and agrees that he/she may not use the Electronic Ticket for the purpose of advertising his/her goods
(works, services), as well as the goods (works, services) of a third party, as well as for the purpose of subsequent resale of the purchased Electronic Tickets by the Buyer.
2.3 No Electronic Ticket may be sold to the Buyer if the Buyer does not fully accept the terms and conditions of this Offer. The realized Electronic Tickets cannot be returned, and the refusal to execute the Contract shall not be accepted on the grounds of the Buyer's disagreement with the terms and conditions of this Offer after acceptance of its terms and conditions and conclusion of the Contracts. Money refund for the realized Electronic Tickets is possible only in the manner and on the terms and conditions established by this Offer and the Agreements.
2.4 The terms and conditions of this Offer are fully valid and apply to Buyers who purchase Electronic Tickets) through the System.
3. SUBJECT MATTER OF THE OFFER 3.1 The subject matter of this Offer is:
a) provision of services to the Buyer for booking and processing for sale of Electronic Tickets for the Event under the Service Agreement;
(b) entering into a Service Agreement with the Purchaser on behalf of the Organizer in connection with the Event.
3.2 The Agent is a party to the contract and is responsible for the quality of services under the contract referred to in clause 3.1.(a). The Agent has no rights and obligations and is not liable for the quality of services under the contract referred to in clause 3.1.(b).
3.3 The Agent is not responsible for the actions of the Organizer and (or) other persons acting on its behalf and on its behalf or on its own behalf but on behalf of the Organizer, including in connection with the sale of Electronic Tickets by such persons, as well as for the organization, the fact of holding and the content of the Event.
3.4 The Buyer accepts and agrees that it understands the provisions of this Offer, complies with said provisions and is aware of the consequences of non-compliance.
4. PROCEDURE AND TERMS OF ACCEPTANCE
4.1 The Buyer confirms and agrees that he has familiarized himself with the terms and conditions of this Offer prior to his actions on acceptance established by this Offer. The Buyer confirms and agrees that the provisions of this Offer and other binding rules are fully understood by him.
4.2 The Buyer acknowledges and agrees that all actions (inactions) of its representative(s) are performed with its knowledge, consent and in the interests of the Buyer. The Agent shall not be liable for the said actions (inactions) of the Buyer's representative(s).
4.3 Acceptance shall be made by the Buyer by successive performance of the following actions:
(a) Start the System by issuing the /start command;
b) selection of a specific Event and Electronic Ticket category from the Events and Electronic Ticket categories available at the time of the Buyer's application, as well as provision of date of birth, contact phone number, e-mail address.
4.4 The performance of actions specified in paragraphs 4.3.(a) and 4.3.(b) is recognized by the Parties as full and unconditional acceptance by the Buyer of all terms of this Offer without any exceptions and (or) limitations (acceptance) and is equivalent to the conclusion of a contract in a simple written form (paragraph 3 of Article 434 of the Civil Code of the Russian Federation). Acceptance of this Offer shall be followed by conclusion of the Contracts.
4.5 When ordering an Electronic Ticket, the Buyer's failure to fulfill the terms and conditions of the Agreements in terms of payment of the cost of the Electronic Ticket and the Service Fee within 10 (ten) minutes shall result in termination of the Agreements and Cancellation of the purchase made by the Buyer in accordance with the following clauses
5. CONDITIONS OF PERSONAL DATA PROCESSING
5.1 In accordance with the provisions of the UK Personal Data Act, the Buyer acknowledges and agrees that the Buyer's performance of the actions specified in clause 4.3. constitutes full and informed consent of the Buyer to provide the Agent with his/her personal data, as well as personal data of third parties provided by the Buyer to the Agent in the process of placing an Order, purchasing an Electronic Ticket, namely: surname, first name, patronymic, gender, contact telephone number, city, date of birth (or age) and contact e-mail address.
5.2 The Buyer hereby acknowledges and agrees that the Buyer provides the Agent with the personal data specified in clause 5.1. in order to provide services to the Buyer in accordance with the agreements specified in clauses 3.1.(a). and 3.1.(b). The Buyer gives its consent to the Agent to process personal data provided when placing an Order, purchasing an Electronic Ticket, in connection with the provision of Services to the Buyer, conditioned by this Offer, including for the purpose of receiving information messages by the Buyer in the manner and on the terms established by this Public Offer. The term of use of the provided personal data is indefinite.
5.3 The processing of personal data is carried out in accordance with the UK Personal Data Act and includes collection, systematization, accumulation, storage, clarification (update, change), sorting, use, depersonalization, blocking, destruction. The Agent processes personal data using automation tools.
5.4 The Buyer hereby gives its full and informed consent to the Agent to grant the right to process its personal data specified in clause 5.1. by the means specified in clause 5.3. to third parties for the purposes specified in clause 5.2, as well as consent to the transfer of such personal data to third parties. Upon the Buyer's request, the Agent undertakes to provide the Buyer with information on the transfer of his personal data in accordance with this clause to third parties.
5.5 The Buyer has the right to exercise its rights established by the provisions of the Law on Personal Data by sending relevant requests (demands) to the Agent by writing a corresponding application in electronic form to the e-mail address [email protected].
6. RIGHTS AND OBLIGATIONS OF THE PARTIES 6.1 The Buyer shall be entitled to:
a) independently make inquiries from public sources about the cost of Electronic Tickets for the Events, the amount of the Service Fee, other services in connection with the Event, independently decide on the purchase of Electronic Tickets by fully and unconditionally accepting the terms and conditions of this Offer;
b) to receive information about the rules for the sale of Electronic Tickets, available categories of Electronic Tickets and other information regarding the Event, which the Agent possesses within the scope of its authority, using the Internet, by writing a corresponding application in electronic form to the e-mail address [email protected]. In this case, the Agent has the right to refuse to sell the Electronic Ticket to the Buyer without giving any reasons;
c) independently choose the method of payment for the Electronic Ticket and the Service Fee from among those specified in Article 7. In doing so, the Buyer acknowledges and agrees that he/she is obliged to familiarize himself/herself with the rules of payment by one or another payment method.
a) familiarize himself with all the terms and conditions of this Offer, as well as other mandatory rules specified in clause 16.1. and accept them when purchasing an Electronic Ticket;
b) strictly comply with the terms and conditions of this Offer and the Agreements;
c) pay in full the price of the Electronic Ticket and the Service Fee in accordance with the terms and conditions of the Agreements prior to receipt of the Electronic Ticket;
(d) Familiarize itself with the restrictions of the particular Event with respect to the admission of minor children. The Purchaser is fully responsible for such persons and agrees that a minor child may be denied entry to the Event if the terms of Article 9 are violated;
e) when issuing the Electronic Ticket, inform the Agent (its official representative, subagent) of his/her date of birth and (or) date of birth of the person who is purchasing the Electronic Ticket and who intends to attend the Event;
f) when issuing the Electronic Ticket, fully verify all information on the Electronic Ticket that is essential for the Service Agreement in connection with the Event. The Buyer acknowledges that it has no claims against the Agent and its employees for the incorrectly issued Electronic Ticket, as it did not verify the correctness of the Electronic Ticket during the issuance.
6.3 The Agent shall have the right to:
a) in the absence of the Buyer's full and unconditional acceptance of the provisions of this Offer, refuse to enter into the Contracts;
b) require the Buyer to comply with the terms and conditions of this Offer and the Agreements;
(c) refuse to enter into the Contracts with the Purchaser if the Purchaser does not comply with the provisions of Article 9;
d) modify, replace, reinstall the software of the System, suspend the operation of such software upon detection of malfunctions, errors and (or) failures, as well as for the purpose of preventive maintenance and prevention of unauthorized access to the System;
e) set and change the prices for its services (Service Fee) under the Service Agreement unilaterally at any time;
f) demand from the Buyer the proper fulfillment of obligations to pay the cost of the E- Ticket, Service Fee and refuse to issue the E-Ticket in case of violation of the said condition;
g) cancel the order placed by the Buyer in the case stipulated in clause 4.6., as well as in case of incorrect and/or false information provided by the Buyer in accordance with clause 4.3.(b), as well as in case of breach by the Buyer of other terms and conditions of this Offer and the Agreements.
a) provide the Buyer with complete and sufficient information about the Event(s), the Organizer, the Agent and the services rendered by it under the Services Agreement, as well as instructions on how to issue, pay for, receive the Electronic Ticket in accordance with the requirements of the law. The Parties have agreed that the information posted in the System is exhaustive;
b) not to use the Buyer's personal data for purposes that do not comply with the terms of the Agreements.
6.5 The Agent shall not be responsible for the operability and (or) security of the information communication channels used by the Buyer, including those used by the Buyer to access the System.
7.1 The Electronic Ticket shall not be sent to the Buyer until it has been paid in full and the Service Fee has been paid in full.
7.2 The Buyer shall be entitled to make payment under the Contracts by any of the methods allowed by the Agent and specified in this Offer.
7.3 The Buyer has the right to pay for the Electronic Ticket after booking by selecting the payment method and entering the details by bank card. After booking the seats, the Buyer should click on the "Pay" button attached to the relevant message. Payment by card is made through Stripe, Inc using bank cards of the following payment systems:
- VISA
- Mastercard Worldwide - JCB
- Union pay
- American express
7.4 The Buyer will be redirected to the payment gateway of Stripe, Inc. for payment (entering bank card details). Connection to the payment gateway and information transfer is carried out in a secure mode using SSL encryption protocol. In case the Buyer's bank supports Verified By Visa, MasterCard SecureCode, J-Secure secure Internet payment technology, the payment may also require a special password. This site supports 256-bit encryption. Confidentiality of the personal information provided is ensured by Stripe, Inc. The entered information will not be disclosed to third parties except as required by UK law. Bank card payments are made in strict compliance with the requirements of Visa Int., MasterCard Europe Sprl, JCB, Union pay, American express payment systems.
7.5 The Buyer shall be deemed to have duly fulfilled its obligations to pay the funds stipulated in the Contracts at the moment of their receipt to the Agent's bank account.
7.6 The Buyer acknowledges and agrees that in case of non-payment and (or) incomplete payment under the Contracts, the consequences set forth in clause 4.6 shall occur.
8. PROCEDURE AND TERMS OF REFUND
8.1 The Organizer (Principal) shall accept the Electronic Ticket and refund the funds, unless otherwise provided by the agreement between the Agent and the Organizer and specified in the System.
8.2 Acceptance of the Electronic Ticket and refund in case of cancellation (replacement, postponement) of the Event is carried out by the Agent, provided that the Agent receives an official letter from the Organizer on the cancellation (replacement, postponement) of the Event. Only Electronic Tickets purchased in the System are eligible for refund. The refund of the Nominal Value of the Electronic Ticket shall be made within the period specified in the official letter of the Organizer. After the expiration of the specified period of time, the Nominal Value of the Electronic Ticket shall not be refunded by the Agent. In order to receive the money, the Buyer undertakes to provide the Agent with the original of the returned E-ticket, as well as to present an identity document. Otherwise, the general provisions set forth in this Article and the legislation of the United Kingdom shall apply to the procedure and conditions of refund for E-Tickets.
8.3 Refunds for reasons not related to the cancellation (replacement, postponement) of the Event shall be made by the Organizer (Principal) or a person specified by the Organizer (Principal), including the Agent on the basis of the ticket refund policy in accordance with the UK legislation.
8.4 The refund shall be made on the basis of an application submitted by the Buyer to the Agent in electronic form. The said application shall be submitted by the Buyer in person or by a person acting on the basis of a power of attorney to the e-mail address [email protected]. The Agent undertakes to submit the application to the Principal (Organizer) within a reasonable period of time from the moment the Buyer submits it for a decision on the return. Within no more than 10 (ten) days from the date of receipt of the response from the Principal (Organizer), the Agent undertakes to provide the Buyer with a copy of such response. If the Principal (Organizer) has authorized the Agent to refund the Buyer, the refund shall be made by the Agent, provided that the Buyer provides the original of the returned Electronic Ticket. For the purposes of identification of the Buyer and in order to prevent infringement of the rights of third parties, the Buyer shall present a copy of the identity document to the Agent when submitting an application and receiving funds.
8.5 The Agent undertakes to provide the Buyer with information about the person responsible for the return of the Nominal Value of the ticket upon the Buyer's request. If the Agent does not know the person in question, the Agent shall, at the request of the Buyer, send a corresponding request to the Organizer (Principal) to specify the person responsible for the return of the Nominal Value of the Electronic Ticket. Within a reasonable time after receiving a response from the Organizer (Principal), but in any case not later than 10 (ten) working days from the said moment, the Agent shall provide a copy of the Organizer's (Principal's) response to the Buyer. The provisions of this clause shall not affect the Buyer's right to independently apply to the Organizer (Principal) for explanations.
8.6 In case of returning the E-Ticket due to the cancellation of the Event, the Nominal Value of the E-Ticket and the Service Fee shall be refunded to the Buyer. The refund in such cases shall be made within 14 working days.
8.7 In case of returning the Electronic Ticket due to replacement, postponement of the Event, as well as due to unilateral refusal of the Buyer, the nominal value of the Electronic Ticket shall be refunded to the Buyer. The Service Fee shall not be refunded in this case due to the proper fulfillment of counter obligations by the Agent and termination of the Service Agreement. The refund in such cases shall be made within 5 working days. Return of the Electronic Ticket due to replacement or postponement of the Event, as well as due to unilateral refusal of the Buyer is allowed no later than 5 hours before the start of the Event.
8.8 Money for lost, damaged or unused Electronic Tickets is not refundable.
8.9 In case the Buyer refuses to receive the paid Electronic Ticket, the amount of the Service Fee shall not be refunded due to the proper fulfillment of the Agent's obligations.
8.10. The Buyer accepts and agrees that the official information indicating the cancellation, substitution or postponement of the Event is the information posted on the Service.
8.11. The Buyer acknowledges and agrees that the procedure and grounds for refunding the Electronic Ticket (Nominal Value of the Electronic Ticket), as well as the person obliged to make such refund, have been fully communicated, known and understood.
9. CERTAIN PROVISIONS REGARDING MINORS
9.1 Due to UK legal requirements, all Events are subject to classification according to the age limits set.
9.2 Each of the Activities shall be classified and assigned to one of the following categories: a) for children under the age of 6 (six) years (information product label "0 +");
b) for children over the age of 6 (six) years (information product sign "6 +" and (or) text warning in the form of the phrase "for children over six years");
c) for children over the age of twelve (12) years (information product sign "12 +" and (or) text warning in the form of the phrase "for children over twelve years");
(d) For children over the age of 16 (sixteen) (information product sign "16 +" and (or) text warning in the form of the phrase "for children over the age of 16");
(e) Prohibited for children (information product label "18 +" and/or text warning in the form of the word combination
9.3 The Buyer acknowledges and agrees that under UK law, a particular Event may be one to which the sale of an Electronic Ticket and the access, attendance, listening or viewing of which may be prohibited to certain categories of persons.
9.4 The purchase of an Electronic Ticket, as well as passing, attending, listening to or watching the Event is possible only if the Buyer (other person holding the Electronic Ticket) complies with the age restrictions specified in clause 9.
9.5 The Buyer accepts and agrees that he or she, or the person to whom he or she has purchased an Electronic Ticket, or persons following the Buyer, may be denied the purchase of an Electronic Ticket, as well as access to, attendance, listening to or viewing of the Event in the event that the Buyer (other person holding an Electronic Ticket) violates the provisions of paragraph 9.4. The Buyer is solely responsible for his/her actions (omissions), neither the Agent nor the Organizer can be held liable for the Buyer's breach of these provisions of the UK legislation. Neither the Agent nor the Organizer may be held liable or liable for any damages in connection with the Buyer's breach of these provisions.
9.6 In case the Organizer denies the person who has the rightful possession of the Electronic Ticket as a result of donation or physical transfer of the Electronic Ticket by the Buyer to the Organizer to enter, listen or watch the Event due to the violation of the conditions of paragraph 9.4. by such person, the Buyer shall resolve the issues related to the refund with the Organizer independently.
9.7. Exhaustive information on attributing a particular Event to one of the categories specified in this Article shall be placed in the System.
10. CERTAIN PROVISIONS REGARDING E-TICKETING
10.1 The Buyer accepts and agrees that the Electronic Ticket may be purchased only for the Events specified by the Agent in the System. The Buyer shall not be entitled to request an Electronic Ticket for Events not specified by the Agent. The Buyer of the Electronic Ticket may only be a natural person, unless otherwise specified by the Agent.
10.2 For the purposes of the Buyer's admission to the Event, the Electronic Ticket and the Ticket made in the form of a strictly accountable form and printed on a thermal blank shall be recognized as equivalent and provide the Buyer with the same rights to attend the Event.
10.3 When issuing the Electronic Ticket, the Buyer shall fully verify all information on the Electronic Ticket that is essential for the Service Agreement in connection with the Event. The Buyer acknowledges that he/she has no claims against the Agent and its employees for incorrectly issued Electronic Ticket, as he/she did not verify its correctness during the registration process.
10.4 The E-ticket shall not be issued to the Buyer until it is fully paid. The Buyer shall be deemed to have duly fulfilled the obligation to pay the funds stipulated by the Contract at the moment of their receipt to the Agent's bank account.
10.5 After full payment of the E-ticket price, the Buyer may print the E-ticket, access to which is provided in the personal account in the System and (or) sent to the Buyer's e-mail, which was specified when placing the Order. When printing the Electronic Ticket, the Buyer shall make sure that the quality of the Electronic Ticket printing is proper. In case of non- fulfillment or improper fulfillment of the obligation established by this clause, the Buyer shall be fully liable for such actions (inaction), including in case of refusal by the Event Organizer to enter the Event. The Agent shall not be liable for any losses incurred by the Buyer in case of violation of the terms of this clause due to the fact that the Agent is not a party to the contract of services related to the Event.
10.6 When entering the Event, the Buyer shall have a properly printed Electronic Ticket (or show an image with a QR code from the Electronic Ticket), an ID card and a bank card from which the nominal value of the Electronic Ticket was paid.
10.7 The Buyer is solely responsible for the safety and protection of the Electronic Ticket from copying. In case of copying of the Electronic Ticket, access to the Event will be granted to the ticket that was presented first.
10.8 The Services shall be deemed to have been duly and fully rendered by the Agent after sending the Electronic Ticket to the Buyer's e-mail address specified by the Buyer when issuing the Electronic Ticket, or after providing access to it in the Buyer's personal cabinet on the Service.
11.1 In case of non-fulfillment or improper fulfillment of their obligations under the Offer, as well as under the Agreements, the Parties shall be liable in accordance with the legislation of the United Kingdom and the terms of this Offer and these Agreements.
11.2 The Agent's liability in its dealings with the Buyer shall be limited to its liability under the Service Agreement and shall exist to the extent set out in this Offer.
11.3 The Buyer assumes all possible risks associated with his/her actions for possible errors and inaccuracies in the data provided by him/her necessary for issuing the Electronic Ticket.
11.4 The Agent shall not be liable for any losses and moral damage incurred by the Buyer as a result of the Buyer's misunderstanding or misunderstanding of the information on the procedure for placing (paying for) the Order, receiving the Electronic Ticket, attending the Event, as well as receiving and using the services under the Agreements.
12. LIMITATION OF LIABILITY AND EXEMPTION FROM LIABILITY
12.1 The Buyer acknowledges and agrees that under no circumstances shall the Agent, its employees, directors, officers or other related parties, sponsors, intermediaries, representatives, partners or any other persons, including those acting on behalf of the Agent, be liable for any direct or indirect losses resulting from the sale of the Electronic Ticket or receipt of services provided by the Agent, as well as from unauthorized access to the Buyer's personal data, including lost profits.
12.2 The Agent shall not be liable for the cancellation, replacement or postponement of the Event, the possibility of admission to the Event in case of violation by the Buyer of the terms of this Offer and (or) Agreements, as well as for any cases of non-performance and (or) improper performance of the Service Agreement in connection with the Event due to the fact that the Agent is not an obliged person, as well as a party to such a transaction concluded between the Organizer and the Buyer in connection with the purchase of an Electronic Ticket by the latter.
12.3 The Buyer shall be liable for non-fulfillment and (or) improper fulfillment of the terms and conditions of this Offer, as well as the Agreements, in the cases, manner and on the terms and conditions established by this Offer and the UK legislation.
12.4 The Agent shall not be liable for the discrepancy between the services rendered (provided) by the Organizer and the Buyer's expectations and (or) its subjective assessment. Advice and recommendations provided to the Buyer, including by third parties, cannot be considered as guarantees and do not entail obligations for the Parties.
12.5 The Buyer acknowledges and agrees that the Agent is not responsible for the quality, as well as for other consumer and other properties (qualities) of the Event, as it is not a party to the Service Agreement in connection with the Event.
12.6 The Parties shall be released from liability for non-fulfillment and (or) improper fulfillment of their obligations under this Offer, as well as Contracts, in case of force majeure circumstances, i.e. circumstances of objective nature, which are beyond the will of the Parties and occurred after the conclusion of the contract on the terms of this Offer. Force majeure circumstances include, in particular, strikes, floods, earthquakes, hurricanes, other natural
disasters and military actions (local and international scale), illnesses and (or) ailments of artists participating in the Event, as well as man-made and anthropogenic disasters, as well as acts of state and local authorities, as well as actions (inaction) of the Agent's counterparties that complicate without disproportionate losses the proper execution of contracts concluded on the terms of this Offer.
13. RIGHTS TO THE RESULTS OF INTELLECTUAL ACTIVITY
13.1 Exclusive rights to intellectual property objects (results of intellectual activity), including, but not limited to: information, press releases, descriptions, graphics, images, works, slogans, software, audio and video materials, trademarks and service marks (hereinafter - "Information"), placed in the System, Electronic Ticket, press release, advertisement, other information materials and any media regardless of the form of their presentation, belong to the Agent, its affiliates and others The Buyer is not granted the rights to use the said results of intellectual activity on any basis and in any form. The Agent does not guarantee and is not responsible for the quality of the Information, except for the information related to the services provided directly by the Agent.
13.2 By placing links to third party websites, subject to the provisions of clause 13.1, the Agent is not responsible for the content of such websites. The presence in the Agent's System of a link to sites belonging to third parties does not mean, does not assume or imply that the Agent approves or recommends for viewing (familiarization) the content of such sites not belonging to the Agent. The Buyer acknowledges and agrees that the Agent is not and cannot be responsible for the content of the sites.
13.3 The Buyer agrees not to make audio, video and/or photographic recordings at the Events. In case of violation of the terms of this clause, the Buyer shall be liable in accordance with the provisions of the UK legislation.
14. DISPUTE RESOLUTION PROCEDURE
14.1 All disputes or disagreements arising in connection with the execution and (or) non- execution and (or) improper execution of the provisions of this Offer, as well as the Contracts shall be resolved with mandatory compliance with the claim procedure. The party, believing its rights violated, shall send to the other party a claim in simple written form with attachment of duly certified documents substantiating the stated requirements within 5 (five) days from the date of the dispute. The claim shall be considered within 30 (thirty) business days from the date of its receipt.
14.2 In case of violation of the term for sending the claim specified in clause 14.1, such claim shall not be considered.
14.3 In case of impossibility to resolve a dispute or disagreement in accordance with the procedure established by clause 14.1, such dispute (disagreement) shall be considered by a competent court at the location of the Agent.
15. ENTRY INTO FORCE OF THE OFFER, AMENDMENT OF THE OFFER PROVISIONS
15.1 This Offer shall become effective from the moment of its placement on the Agent's Service and shall be valid indefinitely. The provisions of this paragraph shall also apply to amendments and (or) additions to the Offer.
15.2 All amendments and (or) additions to this Offer shall be posted on the Agent's Service and shall become effective upon posting of such amendments and (or) additions on the Agent's Service.
15.3 The Agent may at any time make changes to this Offer, but in any case such changes shall be published and publicized by means of publication on the Agent's Service. The Buyer's use of the Agent's services after changes in the text of this Offer shall constitute acceptance of the Offer subject to the changes made.
16. MODIFICATION OR TERMINATION OF CONTRACTS
16.1 Changes in the provisions of this Offer in accordance with clause 15.2. shall entail changes in the relevant provisions of the Contracts. Continued use of the Agent's services, as well as absence of any objections from the Buyer within 1 (one) day from the date of entry into force of amendments (additions) to the Offer, shall mean the Buyer's consent to the relevant amendments to the Agreements. The Buyer shall not be entitled to refer to its failure to be aware of the introduction of such amendments (additions) and (or) the moment of their entry into force.
16.2 The Agent shall be entitled to unilaterally withdraw from the Contracts at any time, without prior notice to the Buyer in case the latter violates the provisions of this Offer, as well as the Contracts, as well as other rules published on the Agent's Service. Monetary funds paid by the Buyer under the Service Agreement in connection with the Event, in case of termination of the contract in accordance with this paragraph, are non-refundable and are a penalty imposed on the Buyer in connection with the violation of the terms of this Offer, as well as the Service Agreement in connection with the Event.
16.3 In cases where the Service Agreement has terminated due to proper performance, the provisions of clauses 16.1. and 16.2. shall apply only to the Service Agreement in connection with the Event.
16.4 The Buyer accepts and agrees that the termination of the Agreements (Service Agreement in connection with the Event), in accordance with paragraph 16.2. entails the right of the Agent to sell the Electronic Ticket, similar to the Electronic Ticket purchased by the Buyer, to another person on the terms and conditions of this Offer, as well as on any other terms and conditions established by the Agent. The Buyer shall not be entitled to use the Electronic Ticket in any way after the termination of such agreement(s), in particular, to present it for admission to the Event.
17.1 To the extent not otherwise provided for in this Offer, other rules published in the Agent's System shall also apply to the relations between the Parties. These rules shall be binding. The Buyer's acceptance of the terms and conditions of this Offer and the conclusion of Contracts by the Buyer shall mean its full and informed consent to the application of such rules.
17.2 In all other matters not covered by this Offer, the Parties shall be governed by the provisions of the UK law. The law applicable to the relations of the Parties under this Offer, as well as under the Contracts, shall be the law of the Russian Federation without exception. If the Buyer is a citizen (national) of a foreign country, the super-imperative norms of foreign law shall be applied only in cases and in the manner prescribed by the legislation of Great Britain.
18.DETAILS OF THE AGENT
Name of legal entity: TALON PROJECT LLP Legal entity registration number: OC449275 State of registration: United Kingdom
Date of incorporation: 27/09/2023
Contact e-mail: [email protected]