Our Terms of Service
Effective Date: 2022-11-11
1. Introduction
Welcome to Paltiket (“Business”, “we”, “our”, “us”)!
These Terms of Service (“Terms”, “Terms of Service”) govern your use of our website located at paltiket.com (together or individually “Service”) operated by Paltiket Enterprise.
Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages.
Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound by them.
If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing us at [email protected] so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.
2. Definitions
Event: the organised event, such as an event of a musical, cultural, sporting and/or recreational nature for which Paltiket sells Tickets.
Event Holder: an individual who or legal entity that produces or organises an Event and is responsible for it.
Travel Company: a legal entity that produces and handles travel for which Tickets are provided.
Customer: an individual with whom or legal entity with which Paltiket enters into a contract concerning an Event or Travel or to whom or which Paltiket makes an offerto do so.
Contract: the contract between us and the Customer for the acquisition ofthe Event or Travel Ticket.
Ticket: the document that serves as an admission ticket for an Event or Travel, including an electronic Ticket.
3. Content
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on or through Service, including its legality, reliability, and appropriateness.
By posting Content on or through Service, You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any of your rights to any Content you submit, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through Service. However, by posting Content using Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through Service. You agree that this license includes the right for us to make your Content available to other users of Service, who may also use your Content subject to these Terms.
Paltiket has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service is the property of Paltiket or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or personal gain, without express advance written permission from us.
4. Prohibited Uses
You may use Service only for lawful purposes and by Terms. You agree not to use Service:
a) In any way that violates any applicable national or international law or regulation.
b) To exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
c) To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
d) To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
e) In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
f) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.
5. Additionally, you agree not to:
a) Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real-time activities through Service.
b) Use any robot, spider, or other automatic devices, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
c) Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
d) Use any device, software, or routine that interferes with the proper working of Service.
e) Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
f) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
g) Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
h) Take any action that may damage or falsify our rating.
i) Otherwise attempt to interfere with the proper working of Service.
6. Tickets
Paltiket is a ticket marketplace that allows registered users and unregistered users to sell (in this capacity, "Sellers") and buy (in this capacity, “Buyers”) Tickets respectfully. The Seller (and not Paltiket) sets the prices for the Tickets and the number of Tickets available. As a marketplace, we do not own the Tickets sold on the Site. Ticket prices may exceed the face value of the Ticket.
While we may provide pricing, listing and other guidance on the Site, such guidance is solely informational (without any warranty as to accuracy). Also, while we may help facilitate the resolution of disputes between Buyer and Seller and provide a guarantee for the buyer, wehave no control over and do not guarantee the existence, quality, safety or legality of the Tickets; the truth or accuracy of the user’s content or listings; the ability of Sellers to sell tickets or Buyers to pay for them; or that a Buyer or Seller will complete a transaction.
7. Selling Tickets
When listing a Ticket you must set a price for which you are willing to sell your Ticket ("Sales Price"). You may modify (e.g. raise or lower the Sales Price) or delete your listing at any time until the Tickets have sold.
By listing a Ticket for sale, you are making a binding offer to sell that Ticket to a Buyer who purchases the Ticket at the Sales Price. You are obligated to monitor your inventory and ensure all listings are accurate. Under no circumstances may Sellers cancel orders at one price and repost the same tickets for a higher price.
We do not guarantee that your tickets will sell or that your listing will appear on the Site within a certain time after it is posted or in a particular order on the event or travel company page or through search results. We will not, for any reason, provide compensation for tickets that do not sell, even if it is due to Site unavailability from an outage or maintenance or listing delays.
The Customer may not forge or make copies of Tickets, or reproduce them in any waywhatsoever.
8. Buying Tickets
You are responsible for reading the complete listing before committing to buy Tickets using our platform. When placing an order, you are entering into a binding contract with the Seller to purchase those Tickets. Additional terms communicated to you by the Seller may apply. Payment is remitted to Paltiketand disbursed to the seller according to our User Agreement. All Sales are final. You cannot change or cancel any orders after the sale is complete.
9. Formation of a Contract
When Tickets are being offered and sold, we act as an intermediary in theformation of the Agreement between the Buyer and the Event Holder or Travel Company. We are not a party to the Agreement that is formed by the purchase of a Ticket. TheAgreement is formed after the Customer has purchased one or more Tickets via our platform. We only provide the Tickets on behalf of the Event Holder or Travel Company.
Before confirming the reservation/purchase, a Customer should always check if thecorrect Tickets have been selected. When purchasing, a Customer must always usea correct email address. After purchasing a Ticket, the risk of loss, theft or misuse of a Ticket shall pass to the Customer as soon as payment has been confirmed. If there is doubt regarding the accuracy of the details provided by the Customer when buying, we may contact the Customer using the details provided by the Customer.
10. Analytics
We may use third-party Service Providers to monitor and analyse the use of our Service.
11. No Use By Minors
Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the Terms of Service. If you are not at least eighteen (18) years old, you are prohibited from both access and usage of the Service.
12. Accounts
When you create an account with us, you guarantee that you are above the age of eighteen (18) and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.
To list or sell Tickets, you must register an account ("Account") with paltiket.com. If you are registering with paltiket.com for a business entity, you represent that you have the authority to legally bind that entity.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
13. Fees And Other Charges
We charge fees for buying Tickets through our Site and/or otherwise using our Services. A Service Fee is a fixed percentage of the ticket price and the seller does not pay any fee while listing tickets on our platform. We may at our sole and absolute discretion change our Service Fee percentage at any time, including after you list your Tickets.
Payments received from Buyers for Tickets purchased via the Site are processed by a third-party entity on behalf of Paltiket and credited to the Seller by the applicable law. Seller agrees that any payment made by Buyer to Paltiket shall be considered the same as a payment made directly to Seller, and Seller will make the Tickets available to Buyer in the agreed-upon manner as if Seller had received the payment directly from Buyer.
Payments from Buyers are due and payable immediately. A Buyer can pay the full order amount which includes any applicable Service Fees and taxes using one of the accepted payment methods.
A Buyer’s obligation to pay for a Ticket is satisfied when we receive the Payment in full.
14. Event Cancellations, Postponement and Other Event Changes
Cancellation: If an event or travel is cancelled and not rescheduled, we will remove the event or travel and any listings related to the event or travel from our Site and inform the Buyer about the cancellation with further instructions.
Postponement: If an event or travel is postponed, we will work with Buyers and Sellers on a case-by-case basis attempting to resolve any Ticket issues. Sellers are prohibited from invalidating or changing Tickets for postponed events or travels. Refunds will not be issued for postponed events or travel unless they are ultimately cancelled as stated above.
Other Changes: For events, we are not responsible for partial performances, venue, line-up or time changes. No refunds will be issued in these instances.
15. Campaigns/Fundraising
We do not verify the cause of fundraising activities or whether fundraiser beneficiaries are using monies received for a legitimate purpose.Before contributing to a cause, make sure you understand the legitimacy of the campaign.
Contributions to fundraisers/campaigners are irrevocable, and no refund is issued once a contribution has been made.
16. Refund
All transactions made through Paltiket are between you and the organiser. For any refund request, you must contact the event organizer. The refund will depend on the refund policy of the event or travel company.
The refund policy is determined by the organiser of the respective event and travel. When purchasing a ticket, read carefully the description of the event and travel company to understand what you are agreeing to.
Any refund approved, excludes our fee and you will be responsible for any charges incurred during the processing of such a refund. Where applicable, we will refund you into the same account that you used to make the initial payment.
If an event or travel is cancelled and we facilitated the ticket purchase through one of our payment processing partners, we will initiate a refund of the transaction value less transaction fee.
For an event or travel that has taken place, ticket holders are advised to contact organizers for the respective events and travels in case of a refund.
17. Settling of Payment
Event holders or organizers: Paltiket shall credit the accounts of event organizers 48 hours after the said event has taken place.
Travel Organizers: Paltiket shall settle payments with travel organizers 48hrs after the travel date.
18. Intellectual Property
Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Paltiket and its licensors. Service is protected by copyright, trademark, and other laws of foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of Paltiket.
19. Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to [email protected], with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement.
You may be held accountable for damages (including costs and legal fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.
20. Mobile Device Terms
If you are accessing our Services through a mobile application (referred to as “App”) or a web browser (referred to as “Browser”), the following additional terms apply:
You must comply with all applicable laws and third-party terms of agreement when using the App (e.g. your wireless data service agreement). The App or Browser may not contain the same functionality available on our website.
Paltiket owns or is the licensee to, all rights, titles, and interests in and to its Apps, including all rights under patent, copyright, trade secret, trademark, and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any App and you will not remove, obscure, or alter our copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by the App.
21. Error Reporting and Feedback
You may provide us either directly at [email protected] or via third-party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or another right, title or interest in or to the Feedback; (ii) we may have developed ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) our service is not under any obligation of confidentiality concerning the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant us and our affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
22. Links To Other Web Sites
Our Service may contain links to third-partywebsites or services that are not owned or controlled by Paltiket.
Paltiket has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
YOU ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD-PARTY WEB SITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD-PARTY WEBSITES OR SERVICES THAT YOU VISIT.
23. Disclaimer Of Warranty
THESE SERVICES ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION CONCERNING THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER US NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CAN NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
24. Limitation Of Liability
We cannot be regarded as the organizer (Event Holder) of the Event or Travel Company and we are not responsible for and do not warrant the (artistic) quality and content of the Event nor the course of business in or concerning the Event or Travel and accept no liability on this basis.
In all cases, we shall only be liable because of an attributable failure to perform a Contract if the Customer has promptly and properly given us notice of default in writing and set a reasonable term for the breach to be remedied and an attributable failure on our part to meet our obligations continues to apply after the term referred to has ended. The notice of default must contain adescription of the failure that is as complete and detailed as possible to enable us to respond adequately.
The Customer indemnifies us against all claims of third parties about a failure on the part of the Customer to meet any obligation towards us, whether or not it arises from the General Terms of Service, or a failure to meet such an obligation to a sufficient degree.
Any right to compensation shall always be conditional on the Customer reporting the damage to us in writing as soon as possible following its occurrence.
We do not in any way whatsoever accept liability for Tickets acquired by the Customer from third parties. In addition, we cannot guarantee the authenticity of such Tickets.
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING LEGAL FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY LAW, STATUTES, RULES, OR REGULATIONS, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON OUR PART, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES.
25. Termination
We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
26. Governing Law
These Terms shall be governed and construed by the laws of Uganda, which governing law applies to an agreement without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
27. Changes To Service
We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.
28. Amendments To Terms
We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.
Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.
29. Waiver And Severability
No waiver by us of any term or condition outlined in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
30. Miscellaneous
Customers may be searched before an event or by a travel company before the verification of the Ticket. Those who do not wish to be searched may be denied admission without the right to a refund of any amount paid.
We shall not be held accountable for customers who arrive late before the presentation of the Tickets at the respective areas of entrance and a refund cannot be made on this basis.
31. Acknowledgement
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
32. Contact Us
Please send your feedback, comments, and requests for technical support by email: [email protected].
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