Purchase Terms

Please read these “Purchase Terms” carefully as they set out the terms on which you purchase a ticket on the Qoncert mobile app (the “App”) , websites, or directly through our affiliates (the “Services”) offered by Qoncert Inc. (“Qoncert” “we,” “us” or “our”).

All purchases for tickets and other goods and services are subject to these Purchase Terms. These Purchase Terms are incorporated into and governed by our Terms of Use by this reference. For the avoidance of doubt, we may modify these Purchase Terms in our sole discretion in accordance with the terms and conditions set forth in the Terms of Use.

By making any purchase through the App or Services, you agree that you have read, understood, and agree to be bound by these Purchase Terms and the Terms of Use. if you do not agree to these Purchase Terms and the Terms of Use, then you may not purchase any goods or services through the App or Services.

CONTRACT

Any ticket purchased or otherwise acquired (“Purchased”) through the App or on the Service is subject to:

• These Purchase Terms;
• Our Terms of Use;
• Our Privacy Policy;
• The Event Terms and Conditions, if applicable; and
• Any additional terms and conditions of the relevant Event Partner(s) which can be found on their respective websites or at the venue itself or which are disclosed during the ticket purchase process.

We produce live events and facilitate the Purchase of tickets for these events. Where Qoncert is not the event organizer, we exclude any liability and/or responsibility for the quality or nature of any such event including (but not limited to): your view at the venue where such event or show takes place, or the sound quality, local conveniences or accessibility of the event; any aspect of the quality of the stream you are able to watch for events streamed over the internet.

By purchasing a ticket through the App or Services, you warrant that the purchased ticket(s) will be used for your personal use only and not for any commercial purpose.

When you purchase a ticket you obtain a right to attend or watch the event as granted by Qoncert or the Event Partner. The relevant Event Partner will be shown in the event listing in the App or on the Services, preceded by the word: “Presents.” We may make available tickets on behalf of third party Event Partners who are not connected in any way with Qoncert. Those third party Event Partners are responsible to you for the relevant event.

Any changes to an event that occur after you have Purchased a ticket (such as a change of date/time, location, program, or artist, or an event cancellation) you will be notified as soon as we are aware of these changes.

By hitting the ‘Buy Tickets’ button in the App or on the Services, you are making a contractual offer to purchase the ticket(s). This offer is only accepted by Qoncert once you receive a confirmation email from us (you must provide Qoncert with an accurate email address for this purpose).

Upon Purchase of a ticket, as well as on the day of the event, you will receive a confirmation to the email address (as provided to us during your registration to the App or on the Services) containing any additional details about the event. It is your responsibility to check these details carefully before the event. Your ticket is stored on the Qoncert App, and is found by clicking on the 'tickets' option of the App menu.  Your ticket is required for entry to the venue and must be presented upon request for each ticket holder. Note that for certain events, a hardcopy ticket may be provided to you. In these circumstances, we will notify you by telephone, email or within the App of the arrangements for receiving or collecting your tickets. You may be asked by the venue to separately verify your identity and/or age by providing ID for events with age restrictions.

When Purchasing tickets via the App or on the Services, you will be limited to a maximum number of tickets for each event (as specified in the order page of the App or the Services).

You must purchase tickets only for those events which you plan to attend. You may not purchase tickets for the purpose of resale, transfer, or conveyance to any third party. You must purchase tickets in your personal capacity and not for commercial benefit or gain.‍

CANCELATIONS, POSTPONEMENTS AND CHANGES

By agreeing to Purchase a ticket, you agree to waive any rights you may have to withdraw from the contract. This means that once you have Purchased a ticket, it cannot be exchanged or refunded except in the following circumstances:

• If an event is canceled by Qoncert, we will refund the original ticket proceeds to you. We aim to do this within five working days of the event being canceled.
• If an event is postponed by Qoncert, ticket holders may be given the option (subject to local laws and regulations) to either exchange their existing ticket for a new ticket for the rescheduled event date, or receive a voucher for the full ticket price, or a full refund.

We will not reimburse the cost of Purchased tickets after an event has taken place. You will not be entitled to a refund if you fail to attend an event or make an error when purchasing tickets (for example you buy the wrong quantity or the wrong time zoned ticket for a streamed event) but you may be given the option to transfer your ticket to someone else (restrictions apply). In no circumstances will a refund be issued if requested for an Event due to take place within 24 hours of the request.‍

PRICES AND FEES

The price of the ticket(s) listed in the App or on the Services includes any applicable taxes and will be the price indicated on the order pages of the App or the Services when you placed your order. The price of a ticket may go up or down over time but you will pay the price shown when you place your order.

We accept payment with Visa, MasterCard, American Express, Apple Pay, Android Pay and any other payment methods indicated in the App or the Services. You must pay for your order before the ticket(s) will be provided to you.

We take all reasonable care to ensure that the price of the ticket(s) set out in the App or on the Services is correct. If we discover an error in the price in your order, we will contact you to give you the option of either reconfirming your order at the correct price, or cancelling your order. We will debit or refund the method you used for payment of the order, as applicable. If we are unable to contact you, you agree that we may treat your order as cancelled.‍

ACCIDENTAL PURCHASES

You are responsible for checking the event details before Purchasing a ticket to ensure that the event’s artist, date, time, location, age limit, and any other restrictions are correct and acceptable to you. You will not be eligible for a refund in instances where such restrictions prevent your attendance.‍

NON RESALE OF TICKETS

Except where prohibited by local law or regulation, you may not resell or transfer your tickets, except for under (i) the ‘Limited Right to Transfer Tickets’ feature described below, and only if such reselling or transfer is not prohibited by law or by Qoncert. Further, you may not duplicate a ticket, for example, by taking a screenshot of the ticket on your device, giving your access details to another person.

Any resale or transfer (or attempted resale or transfer) of a ticket in breach of of our Purchase Terms is grounds for the immediate confiscation, invalidation, or cancellation of that ticket without refund or other compensation, and may result in full suspension of your use of the ticket transfer feature or full suspension of the original ticket holder’s use of the App in general, at Qoncert's sole discretion.‍

LIMITED RIGHT TO TRANSFER TICKETS

For certain events an individual person who has purchased a ticket in accordance with these Purchase Terms and our Terms of Use (a “Sender”) may be permitted to transfer the ticket via the App to another registered user who is also an individual person (a “Recipient”). A Sender or Recipient must not be a commercial entity or enterprise. Ticket transfer can be done at any time prior to the ticket transfer cut-off date and time specified by Qoncert, provided that the conditions below are met:

• The Recipient is an individual person who plans to attend the event; and
• The Recipient has a device compatible with the App; and
• The Recipient's mobile number associated with the App is stored and accessible from the contact list or phone book of the Sender’s personal device; and
• The Recipient has downloaded the most recent and updated version of the App to their phone; and
• The Recipient has successfully registered and created an App account using the device and mobile number mentioned above.

When using the ticket transfer feature, the Sender is responsible for ensuring that the mobile number of the Recipient is correct for the intended purchaser of the ticket. Any ticket successfully transferred to a Recipient automatically becomes the property of that Recipient and the Sender then has no rights in relation to the ticket. Qoncert is not responsible for any tickets mistakenly sent to the wrong Recipient and cannot transfer the tickets in question back to the Sender without the Recipient’s prior authorization or consent.

The Sender is responsible for requesting and arranging any payment for the ticket separately and directly with the Recipient. Any such payment for the transferred ticket must not exceed the face value of the ticket; i.e., the Sender is not allowed to charge more than the original ticket price in order to earn a profit or otherwise commercially benefit from the ticket transfer transaction. Qoncert is not responsible for any Recipient refusing to pay any Sender. If an event is cancelled, a refund will be made to the Sender as the original ticket holder by the same means as payment for the ticket was originally made. The Sender is then responsible for remitting the refund separately and directly to the Recipient.

When requested by the Sender, Recipients of tickets are responsible for settling payment separately and directly with the Sender for an amount no greater than the face value of the ticket.

If the Recipient of a transferred ticket is unable to attend the event, the tickets may be transferred again to a new Recipient or returned to the original Sender using the process set out above.

Except where prohibited by local law or regulation, it is prohibited for any Recipient to pay more than face value for a ticket. Qoncert will conduct periodic checks with Recipients to ensure that no more than face value was paid for any ticket. Any transfer of tickets under this Clause for commercial purposes is strictly prohibited, including but not limited to using purchased tickets in prize draws, competitions, the onward resale through ticket brokers or ticket resellers, or any other conveyance that violates these Purchase Terms . Any Sender found to have requested or received payment from a Recipient above the face value, or found to have transferred (or offered to transfer) a ticket for commercial use, is in breach of the terms under which the ticket was sold and that may be cause for the immediate confiscation, invalidation, or cancellation of the ticket without any refund or other compensation and for a future restriction on the use of the ticket transfer feature or full suspension of the Sender’s use of the App in general, at Qoncert's sole discretion.

LIABILITY AND WARRANTY DISCLAIMERS

Without limiting anything set forth elsewhere in these purchase terms or in the terms of use, you agree to the following limitations on liability to the fullest extent permitted by law:

Qoncert assumes no responsibility for tickets purchased through third parties or unofficial sales points. Qoncert is not responsible for any differences in price with other media or sales channels.

Qoncert is not responsible for:

• Loss or theft of personal mobile devices, any tickets stored within the App or the Services on a lost or stolen device or any hardcopy tickets. Events in real life are generally provided with a door list with names of individuals who have purchased tickets through the App or the Services.  Our Event Partners may seek to allow you to gain entry to the event without your mobile phone by you speaking to a Qoncert or event representative who will ask for ID verification in order to allow access to the event.  However, this is not guaranteed.
• Any personal arrangements including travel, accommodation or hospitality relating to the attendance or an event. neither we nor the relevant event partner shall be liable to you for any loss of enjoyment or wasted expenditure.
• Any issues relating to the quality of a streamed event including but not limited to buffering, pixelation, functionality of the stream, or access to the stream from a specific device, unless such issues are the fault of Qoncert.
• Any exchange or bank fees incurred by you arising from the normal course of payment or reimbursement.

Except as otherwise set out in these purchase terms, our liability to you in connection with:

• An event (including, but not limited to, any cancellation, rescheduling or material change to the program of the event or the quality of an event, or your ability to view a streamed event) and the ticket you have purchased shall be limited to the price paid by you for the ticket or $5, whichever is higher

Qoncert shall have no liability if you are refused entry to, or removed from, an event by any third party and for any reason.

For clarity, and without limiting anything set forth elsewhere in these purchase terms or the terms of use, all products and services sold through the app or the services are provided on an “as is” and “as available” basis without any warranties of any kind, and Qoncert disclaims all warranties relating to the same, including, but not limited to, the warranties of title, merchantability, non-infringement of third parties rights and fitness for a particular purpose.

COVID-19

‘Covid-19’ means the global outbreak of the respiratory coronavirus disease known as COVID-19 and the virus known as severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) (and any subsequent waves or derivatives of the same).  There is a risk of the transmission of Covid-19 in any environment where people come together, which is increased in enclosed spaces with an increased number of people.

By purchasing tickets to an event via the App or the Services, you accept that neither Qoncert nor the Event Partner can guarantee that you will not be exposed to Covid-19.  You voluntarily accept the risk of being exposed to, contracting or spreading Covid-19.  You agree that Qoncert and the Event Partner are not responsible or liable for any injuries, sickness, or death resulting from such causes.

You also agree:

• To comply with all health and safety protocols implemented by the Event Partner (which can be amended at any time according to the latest guidance or legislation, or as otherwise deemed necessary).  These protocols may be communicated to you via various channels including but not limited to the Event Partners website, venue signage or as instructed by venue staff at the event;
• To abide by all government guidance aimed at preventing the transmission of Covid-19; and
• Not to enter the venue if you believe you may have been infected with Covid-19.‍

ACCESS TO VENUES

Your purchase of a ticket to an event via the App or Services will enable you to attend the event, subject always to the terms and conditions specified in these Purchase Terms. By purchasing a ticket on the App or the Services, you acknowledge that Qoncert, and (if applicable) the Event Partner reserves the right, on reasonable and lawful grounds, to refuse entry to, block online access, or remove from the premises any ticket holder without requirement to offer a refund or other compensation. By way of example, the Event Partner may remove a ticket holder who:

• Has behaved in a manner which, in the reasonable opinion of the Event Partner has, or is likely to, affect the enjoyment of other visitors; or
• Uses threatening, abusive or insulting words or behavior, or in any way provokes or behaves in a manner which may provoke a breach of the peace; or
• In the reasonable opinion of Qoncert or the Event Partner, is under the influence of alcohol or drugs; or
• Fails, when required, to produce proof of identity or age (as or when appropriate); or
• Fails to comply with any measures intended to fight the spread of Covid-19 or other public health measures.

By accepting these Purchase Terms, you acknowledge that Qoncert shall have no liability if you are refused entry to an event, by an Event Partner or otherwise for the actions or inactions of the Event Partner.

SUSPECTED FRAUD

We have the right to remove or revoke your tickets (including any tickets transferred in accordance with this clause) and provide a full refund to the payment card account holder if your Purchase is suspected of being fraudulent and/or if we have grounds to suspect that your tickets were Purchased using a stolen card (the ‘Suspected Fraud’).

We are not obliged to notify you of the removal, revocation or refund, nor provide you with any detail of the Suspected Fraud. This is to ensure that those committing fraud are not alerted to the methods of investigation.

If you believe that your tickets have been removed incorrectly due to Suspected Fraud, you may dispute this by contacting our support team at hello@qoncertapp.com.‍

GENERAL

Certain events may be recorded for commercial and/or promotional purposes. When accessing the venue or show you consent to your image being captured and used in this way.

Qoncert reserves the right to obtain photographs, audio or video of all events for which we makes tickets available, including any of the foregoing that may depict your image or likeness. When accessing the venue or show you consent to your image or likeness being captured as described in the foregoing sentence, and to us reproducing and/or publishing your image or likeness in the App or the Services, on our website, and in other promotional materials, social networking channels and other materials related to the App or the Services for our business purposes.

Should you have a complaint, please see details of our complaints procedure as set out in our Terms of Use.