Terms and Conditions
Effective as of October 1, 2018
SimplyiTickets (“SIT”, “we”, “us”, “our”) has established and made available this website simplyitickets.com (the “Site”). All content, information, products and services provided on and through the Site may solely be used under the following terms of service (the “Terms”). Your use of the Site constitutes your acceptance of the Terms, as well as any other terms, guidelines or rules that apply to any portion of the Site, as established from time to time. If you do not agree to these Terms, you must exit and immediately discontinue your use of the Site.
We reserve the right to update and revise these Terms at any time. You will know if the Terms have been revised since your last visit by referring to the “Effective Date” noted at the top of this document.
This Site is being provided to browse and purchase tickets (collectively, “Tickets”) for events, including, but not limited to sport events, musical performances, theatrical performances, sightseeing events and other date specific events (hereinafter referred to “Event”).
- Limited License – Use and Acceptance
You are granted a non-exclusive, non-transferable, revocable limited license to access and use the Site in accordance with these Terms. We may terminate this license at any time for any reason.
You may use this Site for your own personal use only, and only in compliance with all privacy, data protection, intellectual property, and other applicable laws. In particular, you may not:
- Resell or make any commercial use of this Site or any of the contents thereof;
- Sell, transfer, or assign any of your rights to use the Site to a third-party without SIT’s prior written consent;
- Modify, adapt, translate, reverse engineer, decompile, disassemble or convert into any readable form any of the contents of the Site not intended to be read;
- Attempt to interfere with, harm, reverse engineer, misappropriate, or gain unauthorized access to the Site, user accounts, or technology, software and equipment supporting the Site;
- Copy, reproduce, republish, download, display, distribute, modify, publish, post or transmit any of the contents of the Site (including any Marks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise;
- Frame or link to the Site without SIT’s permission;
- Access the Site from a jurisdiction where it is illegal or unauthorized;
- Use the Site in an illegal way or to commit an illegal act in relation to the Site, or that otherwise results in fines, penalties, and other liability to SIT, its licensors, partners, affiliates and others;
- Use any data mining, robots, spiders, automated tools, software or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site;
- Post incomplete, false, or misleading information, or impersonating another person, or misrepresenting your affiliation with a person or entity;
- Disclose personal information about another person;
- Post harassing, abusive, or objectionable material; or
- Post advertising or marketing links or content, except as specifically allowed in these Terms.
For information relating to content you submit on the Site, please refer to the section below entitled User Submitted Content.
- Registration and Accounts
Certain sections of the Site require that you register an account or provide information to SIT. You represent and warrant that all the information you provide is true, accurate, current and complete. It is your responsibility to inform SIT of any changes to that information.
Purchases can be made through the Site without creating an account. You may choose to register an account to facilitate future purchases on the Site. If you create an account, the account is personal to you and you may not share your account information with, or allow access to the account, any third-party. You are solely responsible for the losses incurred by SIT and others resulting from any unauthorized use of your account. We reserve the right to refuse your registration of an account, or delete your account at our sole discretion.
You agree to notify us immediately of any breach of the security of your account. As you are responsible for all activity that occurs under your account, you agree to use reasonable efforts to prevent unauthorized access to or use of the Site and to ensure your login user name and password remain confidential.
- Fees, Prices and Payments
Unless otherwise stated, prices displayed on the Site are inclusive of service fees and taxes. These prices are subject to change without notice. Depending on the Event, other booking fees may apply to the final amount. The final ticket price will be confirmed to you at the time of your booking. We reserve the right to increase prices from time to time at our sole discretion.
The Site uses third parties to process payments. Third party payment processors accept payments through VISA and Master Card. Third-party payment processors may change from time to time. We do not warrant or represent that each of these payment methods will continue to be supported on the Site.
- Request Orders
Tickets to certain events may be ordered by special request (“Request Order”). A Request Order is for special events or events not currently listed on the Site. We do not guarantee that Tickets will be available for a Request Order. When you place a Request Order, we will require your credit card information. We will not charge your credit card unless a Ticket has been obtained. We will communicate to you if there are no Tickets available or if there is any issue relating to your Request Order.
- Confirmation and Issuance of Tickets
On receipt of payment in full, SIT will issue you a Ticket booking confirmation to the contact details you have provided. Tickets will be dispatched to the address you provided you approximately 24-48 hours following the purchase.
- Cancellations and Refunds
The event organizer or ticket supplier (collectively “Ticket Supplier”) may delay, cancel or abandon their event without notice. SIT does not have control over the event. In the event that an event is cancelled and not rescheduled, we will remove the listing from our Site.
If you have Purchased a Ticket for an event that has been cancelled, you will receive a full refund through the same method of payment used to purchase the Ticket at the time of the booking. If you have placed a Request Order, your credit card will not be charged.
If an event is postponed, rescheduled or delayed, SIT will work with you to resolve any Ticket issues. Refunds will not be issued for postponed, rescheduled, delayed events, line up changes, time changes, partial performances, change of venues, or other changes, unless such event is eventually cancelled.
Tickets are not refundable unless the event is cancelled, or a refund has been authorized by the Ticket Supplier.
- Electronic Communication
Tickets are sold subject to availability and subject to the terms and conditions imposed by Ticket Suppliers. We will not be liable for any act or omission of the Ticket Suppliers or any third party that we do not control or employ. Third-party content may appear or be accessible form the Site. We do not represent or guarantee the truthfulness, accuracy or reliability of content posted by third parties. You accept that any reliance of material posted by third party-service providers will be at your own risk.
We may change, suspend or discontinue any aspect of the Site at any time, including hours of operation or availability of the Site or any feature, without notice or liability. SIT makes no representation about accuracy, reliability, completeness or timeliness of any of the contents on the Site. Furthermore, we make no representation about the accuracy, reliability, completeness or timeliness of any data or content from a third-party service provider or the quality or nature of third-party products services obtained through the Site. SIT disclaims all liability of specific results from use of the Site. Use of the Site as at your own risk.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW: (A) YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK, AND THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND SIT, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (“RELEASED PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES LISTED ON THE SITE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICES AVAILABLE ON THE SITE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SITE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.
- Limitation on Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH), RESULTING FROM: (i) ANY ERRORS OR OMISSIONS FROM THE SITE OR ANY PRODUCTS OR SERVICES THEREFROM; (ii) THE USE OR THE INABILITY TO USE THE SITE; (iii) THE CONTENT CONTAINED ON THE SITE; (iv) ANY DELAY OR FAILURE OF PERFORMANCE OF THE SITE; (vi) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM OR AS A RESULT OF THE SITE; (vii) STATEMENTS OR CONDUCT OF ANY USER OR THIRD-PARTY ON THE SITE; OR (viii) ANY OTHER MATTER RELATING TO THE SITE OR THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR SIT CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE0, WILL NOT EXCEED $100.
- Waiver and Release
You assume all risk and responsibility for participating in the Event and agree to release and waive any action against the Released Parties for any damages resulting from bodily injury, death or property damage resulting from your participation in the Event. The Released Parties shall not be held responsible for any loss, damage, or expense resulting from your participation in the Event, including any loss, damage or expense caused by strike, civil commotion, fire, war, threat of war, terrorist activity, national, nuclear, biological or chemical disaster, late delivery, weather conditions, “acts of God”, delay or cancellation of the Event.
- User Submitted Content
From time to time, SIT may allow you to post reviews, comments, photos or similar material on sections of the Site (collectively, “Review” or “Reviews”). You agree that any Reviews posted on the Site will not be inaccurate, unlawful, harmful, threatening, abusive, offensive, or hateful as determined by SIT in its sole discretion. You also agree that the Reviews submitted will not introduce or contain any viruses, worms, Trojan Horses, and other harmful or malicious code.
By posting a Review on the Site, you hereby grant SIT an unrestricted, assignable, royalty-free, perpetual, non-exclusive right and license to use, reproduce, distribute, publicly display, transmit, communicate to the public, modify, edit, translate, create derivative works from, and otherwise exploit (collectively “Use”) all Reviews you post to the Site, for any purpose, including promoting and marketing SIT and the Services. You further grant SIT an unrestricted, assignable, royalty-free, perpetual, non-exclusive right and license to Use the name, image and likeness of any person identifiable in any Review you post to the Site. By posting a Review, you waive any and all rights of publicity, privacy, moral rights, or other rights of a similar nature you have in your Review. You represent and warrant that (i) you are the sole and exclusive owner of the Review that you posted to the Site, or that you have all rights, licenses, consents and releases necessary to grant us the rights in your Reviews, and (ii) the Review that you posted does not infringe, misappropriate or violate the rights of any third party or entity, constitute or result in defamation, libel, slander or any similar offense, or require us to obtain any licenses from or make any payments in any amounts to any third-party.
SIT has no obligation to monitor the Site or any portion thereof, however, SIT reserves the right to review any Reviews and remove, delete, redact or otherwise modify such Reviews, in our sole discretion, at any time from time to time, without notice or obligation to you.
- Intellectual Property
Unless otherwise noted, all content included on the Site, including images, icons, photographs, video clips, written and other materials (collectively, with “Marks” defined below, the “Content”) is the property of SIT or our licensors, partners or affiliates. The Content is protected by Canadian, United States and international copyright and trademark laws, as applicable. Any unauthorized use of any of the Content on this Site is strictly prohibited and may violate copyright and trademark laws, and or/ the laws of privacy, publicity, and/or communication regulations and statutes. The Content on the Site may only be used with our prior written consent.
All trademarks, design marks, logos, taglines, service marks, trade names, and trade dress (collectively the “Marks”) that appear on this Site or the Products are owned and are proprietary to us, or the respective owner of such Marks. You may not display, copy, misappropriate, reproduce or pass-off the Marks in any manner without our prior written consent. You may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Site.
- Governing Law
These Terms shall be governed by the Province of Ontario and the federal laws of Canada applicable therein.
We reserve the right, without notice or liability, in our sole discretion to terminate your license to use this Site, delete your account, remove your reviews, and to block or prevent future access to and use of this Site for any reason. These Terms will survive termination.
Either party’s failure to partially or fully exercise any rights or waiver of any breach of these Terms by the other party shall not prevent such party’s subsequent exercise of such right or be deemed a waiver by such party of any subsequent breach by the other party of the same or any other term of these Terms.
If any of these Terms are deemed invalid, void, or for any reason unenforceable, that term will be severed and will not affect the validity and enforceability of any remaining term or condition.
- Entire Agreement
These Terms (including any document, policy or terms expressly incorporated into these Terms) constitute the entire agreement between the user and SIT with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Site. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.