A. What is Dlayed?
Dlayed is a platform that provides festival tickets for the last hours of a festival.
B. What are Dlayed's guarantee?
1. Buyers are guaranteed to receive valied tickets in time for the event. However, Dlayed is not responsible for the door policy of the events. In case of rejection at the door Dlayed is not responsbile for any damage. The buyer should check door restrictions like age before buying tickets.
2. Sellers are guaranteed to get paid for the sold tickets of their event via Dlayed.
C. What are Dlayed's terms & conditions?
1.1 Introduction. Welcome to Dlayed's online ticket platform (the "Site"). These Terms and Conditions (including any documents referred to in it) ("Agreement") list the terms of the agreement between you ("You") and Dlayed B.V. ("dlayed" or "We" or "Us") for the buying and selling of tickets ("Tickets"), and all other services that We provide (the "Services"). By using our Site, You agree to accept this Agreement.
1.2 Ticketing Exchange. Dlayed provides a service that allows festivals organizations (“Sellers”) to sell tickets to customers (“Buyers) who want to buy tickets for festival s ("Buyers"). Dlayed does not take title to the underlying ticket and the actual transactions are between the Buyers and Sellers. Once Buyer and Seller have entered into a transaction, all transactions are covered by the dlayed Guarantee.
1.3 Dlayed's Guarantee. When You purchase tickets on Dlayed, Dlayed guarantees that You will receive the tickets. When You sell tickets via Dlayed, Dlayed guarantees that you will be paid for your sale.
1.4 Modification. If We change this Agreement, We shall post a revised version of this Agreement, which shall automatically replace the terms of this Agreement. The revised version of this Agreement is automatically effective after it is initially posted on the Site. Your continued use of the Site and the Services following Dlayed's posting of a revised Agreement will constitute Your acceptance of the revised Agreement. If You do not agree with the terms of this Agreement or any revised version of this Agreement, do not continue to use the Services or this Site.
2.1 Requirements. To be a user of this Site, You must agree to accept the terms in this Agreement. You may only use the Services if You can legally enter into and form binding contracts. If You do not qualify, do not use the Services.
2.2 Listing. To sell tickets, a Seller provides Dlayed with all required information. As part of the listing process, the Seller assigns a price to the tickets and provides information including but not limited to the event, date, start and end, all in accordance with the process outlined in the help pages.
2.3 Sales Tax. The Seller is responsible for determining whether it/he/she is required to account for sales or value added tax on the sale of the ticket. Dlayed takes no responsibility for such issues. If the Seller is required to account for sales or value added tax on the sale of the ticket, the Seller should include the sales or value added tax (i.e., total) price when setting ticket prices on the website. Note that this is separate from any sales or value added tax Dlayed is required to charge on its fees.
2.4 Collecting Payment. Upon confirmation that the Seller is sending an item, We collect payment from the Buyer for the listed price, booking fees, delivery fees, and taxes on our fees. At no time do We provide the Buyer's payment information to the Seller. The money is paid to us, and the Seller is compensated for the sale according to their selected payment method and the payment policy in the signed contract agreement between Dlayed and the Seller.
2.5 Seller Payment. The Seller will be paid 5 - 8 days after event if the delivery of the tickets was successful to the buyer. We reserve the right to withhold payment if We have a good faith basis to believe such sales were unlawful or otherwise made in material violation of this agreement.
2.6 Ticket Information. Event dates, times, venues and subject matter, which are listed on the ticket, may change. It is up to the Buyer to verify the most recent changes by referring to official listings for any changes.
2.7 Claims under the Dlayed Guarantee. Should you experience problems with your tickets on the day of the event you must contact Dlayed within 48 hours of the incident to report the issue. In certain circumstances, you may be required to complete a Dispute Claim Form and provide additional information in order to claim a refund. Forms must be returned to Dlayed 5 working days after receiving them, in order to apply for a refund. Dlayed reserves the right to prohibit anyone who brings a fraudulent claim from having further access to our website. Dlayed is not responsible that the Buyer complies with the door policy restrictions of the Seller. In the case that the buyer is refused entry to the venue as a result of door policy we do not refund the buyer at any time.
3.1 Accurate Descriptions. For all tickets You list as the Seller via Dlayed, You warrant that Your descriptions of the tickets accurately detail and describe the tickets offered for sale. You also warrant that you own the tickets and are authorized to transfer or resell the tickets. In the event you are reselling tickets for commercial reasons, you warrant that you have the right to do so.
3.2 Other Information. You represent and warrant that any information You provide to us, to other members, or to visitors of the Site (a) is not false, inaccurate, misleading, obscene or defamatory; (b) is not fraudulent; (c) does not involve the sale of counterfeit or stolen items; (d) does not infringe any third party's copyright, patent, trademark, trade secret, rights of publicity or privacy, or other right; (e) does not violate any law, statute, ordinance or regulation, including without limitation those governing consumer protection, unfair competition, anti-discrimination or false advertising; and, (f) does not contain any viruses or any programming that is intended to damage, interfere with, intercept or expropriate any system, data or personal information.
3.3 Laws and Regulations. You warrant that You will comply with all applicable local, regional, country and international laws, statutes and regulations regarding use of the Site and selling value of the tickets. You warrant that you are over 18 years old and have the legal capacity to make the transaction.
3.4 Indemnity. You agree to indemnify and hold Dlayed and (if applicable) any parent, subsidiaries, affiliates, officers, directors, attorneys, agents and employees, harmless against all liabilities, costs and expenses (including reasonable attorneys’ fees) incurred by Dlayed and (if applicable) any parents, subsidiaries, affiliates, officers, directors, agents, attorneys and employees that arise out of any claim asserted by a third party that involves, relates to or concerns any of your actions or omissions on this Site.
4.1 Stolen Property. The sale of stolen property on Dlayed is strictly forbidden, and violates local, country and international law. Dlayed strongly supports law enforcement efforts to recover stolen property that is listed on the Site, and urges the prosecution of those responsible for knowingly attempting to sell such items on Dlayed. Stolen property includes items taken from private individuals, as well as property taken without authorization from companies or governments.
4.2 Sellers Shall Not Include Promotional Material with Tickets. The Buyer name and address is provided to Sellers for the sole purpose of delivering the specific purchased ticket(s) and may not be used by the Seller for any other purpose, either in connection with such delivery(ies) or separately from such delivery(ies). You agree not to include in your delivery to the Buyer any promotional or other commercial material that is not provided or approved by Dlayed, other than a VAT invoice if relevant and if requested by the Buyer and Dlayed. This includes, without limitation, material that announces a website or invites the Buyer to visit a website other than Dlayed, catalogues, business cards, business reply cards, bookmarks, coupons, flyers, solicitations or other marketing or advertising material. Including any such items constitutes a material breach of these terms and conditions. You also agree not to separately contact the Buyer at any time for any reason. Note that Your payment may be withheld if you violate this clause.
5.1 Investigations. We may investigate complaints and violations of our policies. You agree to cooperate fully with such investigations, including without limitation providing Us specific information regarding your right to a ticket, the source of a ticket, your acquisition of a ticket, and the price You paid for a ticket.
5.2 Violations, Termination and Suspension. We may take any action that We deem appropriate in our sole discretion including without limitation issuing a warning, suspending or terminating service, denying access, removing a listing or recommending You edit a listing. You agree that payments owing to You for sales made through this Site may be suspended or delayed and that We are not obligated to pay You for any sales if We have a good faith basis to believe such sales were unlawful or otherwise made in material violation of this agreement. On termination, Your items may be de-listed if You are a Seller and Your purchases may be cancelled if you are a Buyer.
5.3 Disclosure of Information. You agree that We may report any activity that We suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other relevant third parties. We will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
6.1 No Warranty. Except for the express warranties stated in this agreement, Dlayed provides the software, site and services on an "as is" basis and "as available" basis without any warranties of any kind. Dlayed makes no warranty with respect to its software, any tickets, any event, the services Dlayed provides, or that sellers or buyers will perform as promised, and Dlayed expressly disclaims all such warranties, whether express, statutory or implied, including without limitation any warranties of quality, title, non-infringement of third party rights or fitness for a particular purpose. Some jurisdictions do not allow exclusions of implied warranties or limitations on how long an implied warranty lasts, so the above exclusion may not apply to you.
6.2 Waiver of Consequential Damages; Liability Limit. Dlayed expressly disclaims any responsibility for any lost profits or special, consequential, incidental, or exemplary damages (including without limitation indirect and special damages) that may result from the services, the site, or the suspension, termination or malfunction of the services or the site. Dlayed's liability to You or anyone else in any circumstance is limited to the lesser of (a) EUR 100, and (b) the total value of all tickets and other items you bought and/or sold via Dlayed during the action allegedly giving rise to liability. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions or limitations may not apply to you. Under no circumstances is Dlayed liable for any additional costs You incur if you purchase tickets from a third party for tickets you were unable to purchase on Dlayed.
6.3 Allocation of Risk. You acknowledge and agree that the foregoing disclaimers and limitations of liability represent reasonable allocations of risk, and that the pricing and other terms and conditions of this agreement reflect such allocations of risk.
6.4 Release. We are not involved in the actual transactions between Buyers and Sellers. If You have a dispute with one or more members, You release Dlayed and all affiliated companies, officers, directors, agents, parents, subsidiaries, legal representatives and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.
6.5 Tax Indemnity. You agree that Dlayed is not responsible in any way for the accuracy or suitability of any payment of taxes to any entity on your behalf. You shall indemnify and hold Dlayed and (if applicable) any parents, subsidiaries, affiliates, officers, directors, agents and employees harmless against all liabilities, costs, interest and expenses (including reasonable attorneys' fees) incurred by Dlayed that arise out of any third party or governmental claim that involves, relates to or concerns (i) any local, regional, country, or international tax obligation or amounts due or owing under any tax regulation, law, order or decree or (ii) any dispute concerning the tax status of Dlayed.
6.6 No Agency. You and Dlayed are independent contractors, and no agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this Agreement.
6.7 All Sales are Final. All sales and bids are final. No refunds, cancellations or exchanges will be issued for date or time changes, partial performances, or lost tickets.
6.8 Change or Suspension of Site. Dlayed reserves the right at any time to modify or discontinue, temporarily or permanently, the Site or any part of the Site with or without notice. You agree that We shall not be liable to You or any third party for any modification, suspension or discontinuance of the Site or any Services under this agreement, for any reason. We do not guarantee continuous, uninterrupted or secure access to our service, and operation of our Site may be interfered with by numerous factors outside of our control. In addition, the Site could be unavailable during certain periods of time while it is being updated and modified. During this time, the Site will be temporarily unavailable.
6.9 Notices. Except as expressly stated otherwise, all notices to Dlayed shall be sent through the email form provided on the Site under the Contact Us link. Our street address is Laan van hovel tot Westerflier, 6411EZ Heerlen, The Netherlands. Except as expressly stated otherwise, all notices to You shall be sent to the email address You provided to us during the registration process. Such notice shall be deemed given one business day after the email is sent.
7.1 Ownership of Intellectual Property. You acknowledge and agree that (i) our patents, trade marks, trade names, service marks, copyrights and other intellectual property (collectively, "Intellectual Property") is and shall remain our sole property, and (ii) nothing in this agreement shall confer in You any right of ownership or license rights in our Intellectual Property. In addition, You shall not now or in the future contest the validity of Dlayed's Intellectual Property.
7.2 Copyright. Copyright (c) 2016, Dlayed. The software and the Site, including without limitation all text, graphics, logos, buttons, images, audio clips, and computer programs, are the property of Dlayed or its suppliers, and are protected by country and international copyright, trademark and other intellectual property laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of Dlayed and protected by country and international copyright law. Any unauthorized reproduction, modification, distribution, transmission, republication, display, or performance of the software or the content on the Site is strictly prohibited.
7.3 Governing Law. This Agreement shall be governed by and interpreted in accordance with the Dutch laws.
7.4 Miscellaneous. This Agreement (and all documents incorporated by reference) constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements and understandings between the parties hereto with respect to the subject matter hereof, whether written or oral. No amendment, modification or supplement of any provision of this Agreement will be valid or effective unless made in accordance with the express terms of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable under any circumstances, its application in any other circumstances and the remaining provisions of this Agreement shall not be affected. You may not assign or transfer this Agreement, or any of its rights or obligations, without the prior written consent of Dlayed, which We can refuse in our sole discretion. Nothing in this Agreement is intended to confer benefits, rights or remedies unto any person or entity other than the parties hereto and their successors and permitted assigns. Our suppliers and co-brand partners are third-party beneficiaries of this Agreement. This does not prevent us from varying these terms without reference to them. The title at the beginning of each paragraph of this Agreement is for reference purposes only and in no way defines, limits, construes or describes the scope.