TIXIGO INC.

TERMS AND CONDITIONS OF USE


Welcome to the website of Tixigo Inc. ("Tixigo"). By using a merchant account at Tixigo, you agree to these terms and conditions of use (the "Terms and Conditions"), as well as our Privacy Policy, as modified from time to time by Tixigo, in its sole discretion. You will be notified of any changes to the Terms and Conditions by Tixigo's written notice.


If you refuse to be bound by the Terms and Conditions or our Privacy Policy, please refrain from using this site and / or performing any transaction there.


Offered services and restrictions


Tixigo offers an online ticketing and booking management service to enable you to offer your customers a better ticket buying and booking experience online and to facilitate the management of group bookings at the merchant's location (collectively , the "Services"), all from a simple link to add to your website.


As part of the Services, Tixigo  has at your disposal a portal allowing you to have access to a calendar of your events and their tickets issued in the form of purchase or reservation by your customers through Tixigo Services. Financial reports and sales reports, in a format determined at the discretion of Tixigo, will also be provided for informational purposes only to enable you to track your sales at different times of the year.


For the purpose of simplification, the term "ticket" represents access, paid or not (reservation), for a person to an event. The electronic ticket issued by Tixigo may not be used, but the term "ticket" remains for what it represents.


Your events, one-time or recurring, are grouped into what Tixigo calls an Activity. Each activity has its own event calendar, reports and management tools. You can define as many Activities as you want, but the events of the same Activity must be of the same kind (e.g. meal, show ...), because they share certain settings, terminology and email format.


Tixigo account


In order to receive the Services, you will need to obtain a Tixigo merchant account and an account from Stripe Inc. for electronic payments. You must also obtain or create a customer account for yourself and each employee of your company who will have access to the portal. You agree, in your name and that of your employees, never to disclose or otherwise make available your usernames and passwords. In order to keep your information confidential, you must make sure to log out when you have finished your session.


You are responsible for any activity carried out under your Tixigo user accounts ("your Accounts"). You hereby agree to (i) immediately notify Tixigo of any suspected or actual unauthorized use of your Accounts, any suspected or actual breach of security, and (ii) provide true information to Tixigo, complete and up to date in the creation of your Tixigo Accounts, and keep this information up-to-date, and (iii) not create Tixigo accounts under false identity or for misappropriation or fraudulent purposes.


Tixigo reserves the right to suspend or deactivate, at its discretion, any Tixigo user account or merchant account if it determines that a Tixigo account has been used or created in a manner inconsistent with this Agreement. When circumstances permit, Tixigo will attempt to contact you beforehand within a reasonable period of time before suspending or deactivating an account.


Customer account


The consumer is the person who buys or reserves tickets through Tixigo Services. The consumer is your customer.

A consumer account is identified by an email. For consumers without an email, a fictitious email is assigned to them.


By using Tixigo Services, you agree that consumers have their customer account in the Tixigo database and that this account belongs to the consumer and is shared between all merchants using Tixigo Services in the same territory. 


As a Tixigo customer, you have access to the consumer accounts that do business with you and can alter the information of these accounts (first name, last name, phone number, ...).


Pricing


You acknowledge and agree that Tixigo collects a certain amount of money which corresponds to a commission on each ticket sold online to your customers via the Services (the "Tixigo Fee"), according to Tixigo's current tariff. These Tixigo Fees are variable depending on the value you have determined for the ticket. Tixigo Fees may change in steps or other ways at Tixigo's sole discretion.


 Tixigo Fees are limited at all times to 5% of the ticket price, rounded up to $ 0.25, and are applicable only for purchases paid online (the "Tixigo Online Sales") through payment chosen by Tixigo (Stripe, ...). The tickets you offer for free are also free of Tixigo fees


All tickets paid other than by Tixigo Online Sales as well as firm or "traditional" bookings made on the Tixigo portal are Tixigo Free. It is agreed that Tixigo may, in agreement with a merchant, establish other service charge policies to adjust to the realities of various markets.


As a merchant, you have the possibility to charge a ticketing fee to your customers to let them take Tixigo Fees. You can charge the price you want as a ticketing fee, but normally it corresponds to the Tixigo fee. You may also not use a ticketing fee and thus absorb the Tixigo fee from the price of your ticket.


Tixigo Fees may be taxable depending on where you operate your business and where Tixigo is officially listed and registered for taxes. At the time of this version of the document, Tixigo Fees are taxable if you operate in Canada. Taxes are added to Tixigo Fees and are generally deductible for merchants registered for Canadian taxes.


A credit card processing fee will also be charged directly by Stripe Inc. online payment company on the total amount charged to a card (the "Stripe Fee"), based on the current rate, as indicated on the Stripe website which is, as of May 2018, 2.9% + $ 0.30 on the total of the payment transaction (and not per ticket). This rate is valid for payment cards that are in a currency that corresponds to the currency of a bank account associated with your Stripe account. 


Otherwise the fee is 3.5% + $ 0.30, so 0.6% more. If you have a lot of European or American customers, it might be advantageous to have a bank account in Euro and / or one in US $ so the partners in your Stripe account will avoid the additional fee of 0.6%. The terms and conditions for reimbursement or protest fees are also available on stripe.com. Charges added by Stripe are not included in Tixigo charges.


Be careful, any dispute over a payment by Stripe must be answered within a maximum of 15 days, otherwise the bank issuing the card of the customer who contests will assume that the customer is right. Make sure that the user accounts associated with your Stripe account have the option to be notified by email in case of dispute. Use this link to access the options for your user account (Notifications and Disputes section) for more details on the disputes.


Unless expressly stated otherwise, all prices on the Tixigo website are in Canadian dollars and are subject to change without notice, at Tixigo's sole discretion. Prices are adjusted according to the various countries where the service is offered. Tixigo Fees are always represented with the currency used by an event. Prices submitted by Tixigo do not include government taxes or any other taxes, which are extra. You are responsible for tax rebates.

Tixigo reserves the right to correct any price errors caused by typographical, writing or technical errors.


Refund


You can cancel an online sale (order) and obtain a refund in full or in part of the amount according to your terms. Tixigo Fees will be refunded ONLY IF you refund the full amount of an order. You must therefore provide for the non-reimbursement of Tixigo Fees in your terms when you partially refund the customer.


You can cancel one or more tickets from an online sale (order) and obtain of refund in full or in part the of amount according to your terms. The cancellation of tickets implies a cancellation of the order and the creation of a new order with the remaining tickets. You can cancel tickets for this new order later, as long as tickets exist in an order. In the sense of Tixigo, the cancellation of a ticket corresponds to a cancellation with partial refund of an order and therefore no Tixigo Fee can be refunded. You must therefore provide this fact in your ticket redemption terms to cover the Tixigo Fee, otherwise it will be at your expense. In other words, as soon as you partially refund the tickets, the Tixigo Fees of all the tickets will never be refunded even if at the end of the day the order ends up being completely canceled (no more tickets).


Result Commitment


Tixigo reserves the right to disable an event from your merchant account if Tixigo Fee's revenue from this event does not represent at least $ 0.15 per ticket from the third year of use of Tixigo. (Example: Your event uses Tixigo to manage 1000 tickets for one year, and online sales have provided $ 300 for Tixigo Fee (300 tickets online at $ 1 fee for example), the minimum revenue threshold being 1000 * $ 0.15 or $ 150 means you exceed this threshold and therefore respect the agreement).


In the event of non-respect of the agreement, Tixigo will inform you of the situation and offer you the possibility of paying the shortfall: total Tixigo fees paid before taxes MINUS the number of tickets in the year, multiplied by $ 0.15. In the event of failure to pay the shortfall, Tixigo reserves the right to terminate the use of its service for the event in question and / or terminate your merchant account after the end of the 3rd year of use or at any time after that date.


For this clause, the years begin on January 1 and the first year of an event managed by Tixigo Services is the same as the first calendar event (the oldest) for which at least one ticket order exists even if it is canceled. Free tickets are not counted for the Commitment of Profit if your activity offers only free tickets all the time.


Where circumstances permit, Tixigo will attempt to contact you beforehand, within a reasonable time, before disabling your account or initiating discussions to find a favorable agreement for Tixigo.


Transactional Services and Security


In order to trade through the Tixigo website, you agree to open and create an account through Stripe Inc. (www.stripe.com). You must also authorize Tixigo as a Stripe application which gives you access to your account to process your customers' transactions in online ticketing. You agree to provide us and Stripe with truthful, complete and up-to-date information and to keep this information current. You also agree to abide by the terms and conditions of Stripe (https://stripe.com/ca/legal).

You agree that Stripe is responsible, to Tixigo's full exemption, for transmitting the amounts due to you from the sale of the tickets to your guests, deductions made from Tixigo Fees and the Processing Fee, as well as from all taxes applicable to these charges.


You acknowledge that Tixigo does not collect any payment information from your customers (card number, expiration date, and security code) that is provided directly to Stripe from a customer's browser. Some limited information such as the last four digits of the credit card number is however provided by Stripe to Tixigo for identification purposes only. In addition, you acknowledge that Tixigo does not process any payment for the Services, including, without limiting the generality of the foregoing, Tixigo Fee and Stripe Fee. 

Any claim in this regard must be made directly to Stripe.


Your Responsibilities and Restrictions


You must maintain a website associated with your company that encourages you to place a reservation or buy tickets online for your activities and put a link to access the ticketing offered by Tixigo.

If you have a Facebook page, you must include a "Book Now" button that directs the user directly to the Tixigo box office or a web page that clearly displays your Services and a button to book online.


You can not use Tixigo's online ticketing service to simply register free bookings that ask the customer to pay an amount once there. The use of Tixigo for this kind of operation requires a special agreement between Tixigo and you.


You acknowledge and agree that you are responsible for establishing and communicating the contractual terms and conditions governing your relationship with your clients. Without limiting the generality of the foregoing, it is your responsibility to establish the value of the tickets, the minimum number of persons per group, the minimum number of tickets that the organizer of a group must pay to make the reservation, or the deadline to make purchases for all guests to keep the reservation.


You further acknowledge that it is your responsibility to ensure that you comply with all applicable laws, including, without limiting the generality of the foregoing, any law relating to consumer protection and applicable taxes.


confidentiality


Tixigo is committed to not disclose  any information relating to the consumer accounts to any third party.

Tixigo reserves the right to contact consumers directly for various reasons such as polls, contests,etc. while respecting the laws in place.


Termination


You remain free to terminate the Services at any time by simply destroying all your events and merchant accounts directly on the Tixigo Portal. The destruction of an event and a trading account comes into effect only 90 days after the action of destroying in case you change your mind. After the 90 days, all event and / or merchant account data are destroyed for good and can not be retrieved. Destroying a merchant account disconnects the Stripe account associated with that merchant. You will have to notify Stripe yourself of the termination of the Services. Tixigo may not terminate the Services except for the causes hereof where you are in default of a condition.


Warranty and limitation of liability


TIXIGO EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, CONDITIONS, OR DECLARATIONS WITH RESPECT TO TIXIGO'S WEBSITES, THEIR CONTENT AND SERVICES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANY IMPLIED WARRANTY OF FITNESS, QUALITY, AND NON-COUNTERFEITING. WITHOUT LIMITING ANY OF THE FOREGOING, YOU AGREE THAT THE WEBSITES, THEIR CONTENT AND SERVICES ARE PROVIDED "AS IS" AND WITHOUT ANY LEGAL WARRANTY AND UNDERSTAND THAT TIXIGO DOES NOT WARRANT THAT: (A) THE SITE WILL OPERATE AT ANY TIME , WITHOUT ERROR, WITHOUT INTERRUPTION OR DEFECT OR WITHOUT VIRUSES; AND (B) THE WEBSITES, THEIR CONTENT AND SERVICES WILL MEET YOUR NEEDS. EXCEPT AS OTHERWISE AGREED BY THE PARTIES, YOU AGREE TO THE RISK AS TO THE USE AND RESULTS OF THE WEBSITES, THEIR CONTENT AND SERVICES. EXCEPT AS EXPRESSED TO THE CONTRARY, IN NO EVENT SHALL TIXIGO BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS, CLAIM, INJURY OF ANY NATURE WHATSOEVER RESULTING FROM THE USE OF THE WEBSITES, THEIR CONTENT OR SERVICES, OR OTHERWISE RELATED TO THESE TERMS AND CONDITIONS, EVEN IF TIXIGO WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME RIGHTS MAY, HOWEVER, BE GRANTED TO YOU UNDER LAWS WHICH MAY VARY BY JURISDICTION. TIXIGO DOES NOT SEEK TO LIMIT OR EXCLUDE YOUR RIGHTS BEYOND THE LIMITS AUTHORIZED BY LAW.


You hereby agree to exonerate Tixigo, its shareholders, directors, officers, agents, representatives or employees, from all liability, and to indemnify and defend Tixigo, its shareholders, directors, officers, agents, representatives or employees, against all claims, causes of action, lawsuits or judgements (including expenses and reasonable attorneys' fees incurred in this regard) for ALL damages related or resulting from misuse of the website, its content or the Services, or by your negligence or any other breach of these Terms and Conditions. This provision will remain in effect after the end of this contract


Intellectual Property


Unless specifically indicated otherwise, all the content of the Tixigo websites, including without limiting the generality of the foregoing, texts, photos, images, logos, codes, algorithms, scripts, audio or video files, and any other elements are the exclusive property of Tixigo, its partners or content providers, and such content is protected by copyright and trademark laws, as well as any other law applicable to intellectual property. All such intellectual property rights may not be copied, downloaded, distributed or otherwise used without the express prior consent of Tixigo, its partners or content providers, as the case may be.


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By registering for the Services, you authorize Tixigo to send you, by email, notices relating to the Services or required by law or for any commercial purpose. However, you are free to unsubscribe from our mailing list by clicking on the unsubscribe link at the bottom of the emails, or by sending us a notice at the following address: support@tixigo.com.


Non-Waiver


Tixigo's waiver of any of its rights under the Terms and Conditions shall not constitute a waiver of any of its other rights hereunder or any other rights in the future.


Applicable Laws


The Terms and Conditions are governed by and shall be interpreted according to the laws in place in the province of Quebec. Any legal or quasi-judicial proceeding that may be instituted by you or Tixigo in relation to the Terms and Conditions shall be instituted before the competent authority in the Judicial District of Montreal, Province of Quebec.