Terms & Conditions

1. Acceptance of Terms

These Terms of Use ("Terms") represent a legally binding agreement between Gigsberg GmbH, of Gewerbestrasse 5, 6330 Cham, Switzerland (*), [email protected] ("Gigsberg", "we" or "us"), user of the website at https://gigsberg.com / https://gigsberg.co.uk ("Website") ("you"), and between you as a buyer or seller of Tickets (as defined in 2 below, and such buyer and seller being referred to as "Buyer" and "Seller"), as applicable, and the opposite ("users"), and govern the steps and procedures that take place in a transaction process between Buyer and Seller through the Website and services relating to the secondary market ticket sales made available by Gigsberg to the user of the Website (the "Services").

If you do not agree to these Terms, do not access the Website and use the Services.

Use of this Website and the Services is restricted to a person who is of legal age to form a binding contract with Gigsberg or under the strict and continuous supervision of a parent or any other qualified legal guardian, and in any case, at least 18 years of age. You may not use the Website and the Services and/or Transaction Services, as applicable, if you are a person barred from receiving the Services and/or Transaction Services, as applicable, under the laws of the country in which you reside or from which you use the Website and the Services and/or Transaction Services, as applicable.

In any event in which any of Gigsberg’s obligations or services herein are undertaken or provided by a company under its control or under common control, including by Gigsberg GmbH, Gewerbestrasse 5, 6330 Cham, Switzerland, Gigsberg undertakes the due performance of all obligations of such company under and in connection with the terms herein when such obligations become due, to the extent those cannot be performed by it.

2. Description of the Services

Gigsberg provides the Services through its Website located at https://gigsberg.com / https://gigsberg.co.uk. By accessing the Website, you can use the Services via a mobile device or via a web browser, each includes applications, software, data, reports, images, designs, graphics, texts, information, pictures, video, sound, music, and other files and content related to the Services, regardless of whether provided by Gigsberg or a third party on its behalf (collectively referred to as the "Proprietary Data").

Gigsberg, through the Website, also provides a marketplace service to Sellers who have an account with the Website which allows them to sell any title/value which allows access to a public spectacle or an event (other than those which cannot be listed as described in the Seller Policies)("Tickets"). Gigsberg does not own and/or possess the Tickets sold on the Website, nor does it buy, sell or transfer any property or possession of the Tickets, limiting Gigsberg's role to providing Sellers with the facility for listing Tickets for sale and providing services for conclusion of sales contract on the Website by acting on Sellers' behalf during the sales process ("Transaction Services") and accordingly the Seller (and not Gigsberg) sets the prices for the Tickets. All Tickets sold in the Website are sold in the secondary market and their prices may exceed the face value.

Gigsberg is fully responsible for the products sold, and is liable in case of disputes, chargebacks, fraud, and compliance.

However, and subject to these Terms, it is very important for Gigsberg that you have a good experience when using our Website and Services. To that effect, if the Seller does not provide you as a Buyer with the Tickets, we reserve the right to offer you (on behalf of the Seller) comparably priced Tickets, at no additional cost, or to refund you for the sum you paid to the Seller for those Tickets which were originally purchased by the Buyer.

Any Proprietary Data provided by anyone other than Gigsberg (including the Sellers) are published, displayed and/or suggested through the Services as provided by such third party. Gigsberg cannot guarantee that the Services or the Transaction Services will always function without disruptions, delay or errors. A number of factors may impact the quality of your communications and use of the Services or the Transaction Services and may result in the failure of your communications including, without limitation, your local network, firewall, your internet service provider, the public internet and your power supply. Gigsberg will not be liable and assumes no responsibility for any disruption, interruption or delay in the Services or the Transaction Services caused by any failure of or inadequacy in any of these items or any other items over which we have no control.

3. Access to Gigsberg

It is your responsibility to ensure your web browser, mobile device, or computer hardware meets all the necessary technical specifications to enable you to access the Website and use the Services or Transaction Services. You are responsible for all fees charged by third parties related to your use of the Services or Transaction Services (e.g., charges by internet service providers or airtime charges).

4. Terms

These Terms shall commence on the date of registration of your Account with Gigsberg and will continue for an indefinite period unless terminated or cancelled in accordance with these Terms.

5. Cloud Platform Facilities and Data Transfer

All facilities used to store and process your data will adhere to reasonable security standards no less protective than the security standards at facilities where Gigsberg processes and stores its own information of similar type. Gigsberg has implemented industry standard systems and procedures to: (a) ensure the security and confidentiality of your data; (b) protect against anticipated threats or hazards to the security or integrity of your data; and (c) protect against unauthorized access to or use of your data. For additional information concerning privacy, including with respect to the processing and storage of your data please see our Privacy Policy as available at: https://www.gigsberg.com/privacy-policy.

6. Modifications

The Services and Transaction Services are continually under development and enhancement in order to make technical adjustments for better user experience or to comply with applicable law ("Updates"). Any Updates to the Services and/or Transaction Services are also subject to these Terms.

7. Account Information

In order to access the Website, list, sell or purchase Tickets you must create an account within the Website ("Account") by registering and selecting login information, including, but not limited to user names, passwords and security questions (the "Login Information"). The following rules govern the security of your Account and Login Information:

• All and any information you provide while creating your Account shall be real (i.e. not fake) information.
• You shall not share your Account or Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account.
• In the event you become aware of or reasonably suspect any breach of security, including, without limitation any loss, theft, or unauthorized disclosure of your Login Information or unauthorized access to your Account, you must immediately notify Gigsberg and modify your Login Information.
• You must keep your Login Information confidential and ensure that your Login Information or your Account will not be used by anyone other than yourself.
• Your Account may be terminated if someone else uses it to engage in any activity that breaches these Terms or that is otherwise improper or illegal.
• You undertake to monitor your Account and restrict use of the Account by any individual barred from accepting these Terms and/or for using the Services or Transaction Service under the provisions listed herein or any applicable law.
• Gigsberg reserves the right to remove or reclaim any user names at any time if it receives a claim by a third party that a user name breaches such third party's rights. Please note that Gigsberg is under no obligation to notify you prior to any action under this Section and/or to conduct any form of inquiry with respect thereto.

Any Personal Information (as such term is defined in the Privacy Policy) you provide to us when creating or updating your Account will be held and used in accordance with the Privacy Policy available at https://www.gigsberg.com/privacy-policy (the "Privacy Policy") which constitutes an integral part of these Terms. You agree that you will supply accurate and complete information to us and that you will update that information promptly in the event that it changes. You represent and warrant that you have full right and authority to provide Gigsberg with the foregoing information, including, without limitation, any third party's consent for providing the information (to the extent required under any applicable law).

Subject to the provisions of the Privacy Policy, and only if applicable, you agree to receive advertisements and promotional materials, including periodic emails with Proprietary Data recommendations and third party offers which may be designated specifically to you based on your Personal Information, as such term is defined in the Privacy Policy.

8. License

Subject to your agreement and compliance with these Terms, Gigsberg grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited scope license to access the Website and use the Services and/or Transaction Services, as applicable ("License"). Use of the Services shall be solely for your own, private, non-commercial purposes and for no other purpose whatsoever. Your License is limited by these Terms, and, if you breach or if, at any point, you do not agree to any of these Terms, your License will immediately terminate, and you must immediately refrain from using the Services and/or Transaction Services, as applicable.

9. Cancellation and Account Termination

Gigsberg may refuse access to the Services and/or Transaction Services, as applicable, or may terminate your Account without notice for any illegal or improper use of your Account, or illegal or improper use of the Services and/or Transaction Services (as applicable), products, or Gigsberg's intellectual property. You may lose your user name as a result of such Account termination. If you have more than one Account, Gigsberg may terminate all of your Accounts if the incident or issue allowing us to terminate your Account affects all of your Accounts.

In the event that Gigsberg terminates your Account, you may no longer use the Services and/or Transaction Services, as applicable. You may not allow individuals whose Accounts have been terminated by us to use your Account. If you believe that any action has been taken against your Account in error, please contact us at: [email protected].

YOU MAY TERMINATE YOUR ACCOUNT AT ANY TIME BY NOTIFYING US AT ANY TIME AT [email protected] OR DISABLE AND DELETE YOUR ACCOUNT, WHERE THIS OPTION HAS BEEN MADE AVAILABLE TO YOU BY GIGSBERG.

The provisions of these Terms, including without limitation, the warranty disclaimers and limitation of liability, shall survive any termination or expiration hereof.

10. User Content

Users may be able to upload data, text, graphics, photographs, and other materials, information and content, including the selection and arrangement thereof, to the Services and/or Transaction Services, as applicable ("User Content"). By uploading and using User Content you represent and warrant, as applicable, that (i) you have done so willingly, (ii) you own it or have received the necessary authorizations from third parties to do so, (iii) you have all rights to use it, and (iv) all such use complies with applicable laws and third party rights.

Gigsberg does not guarantee that any content will always be available through the Services. Do not rely upon the Services as a storage space for any content that you provide and/or upload to the Services or Website.

Gigsberg does not claim ownership of any User Content. However, by sending and/or creating User Content and/or using the Services you grant Gigsberg a non-exclusive, royalty-free, perpetual license of all worldwide rights to share, use, edit, modify, include, incorporate, adapt, record and reproduce such User Content, including, without limitation, all trademarks associated therewith, in any manner whatsoever, in or out of context, in all languages, in all media now known or hereafter created for the purposes or in connection with the Services and/or as set under these Terms, including for the avoidance of doubt commercial, non-commercial and/or promotional use by Gigsberg associating such User Content with your Account. Gigsberg may retain any raw material that you submit and make internal use of such material including for testing purposes. You may request that Gigsberg delete and make no further use of such material by contacting us at: [email protected].

Gigsberg provides no representations or guarantees regarding the accuracy, quality, or integrity of any User Content, to the exclusion of any matter related to any of the aforementioned that is a direct result of an action taken by Gigsberg. By using the Services, You may be exposed to User Content that you find offensive or objectionable. Gigsberg may remove, modify or block any User Content that is offensive and therefore in breach of clause 17(c) below.

11. Fees and other Charges

You acknowledge that Gigsberg may charge fees to Sellers for selling Tickets through the Website using the Transaction Services, as well as delivery or fulfilment fees if such fees are applicable under section 9 of the Seller Policies (together referred as "Services Fees"). Services Fees may vary between Tickets, events type, location and country and may include conversion rates. The Services Fees will be charged to the Seller by way of deduction from the payment made by the Buyer and received by Gigsberg for the Ticket sale transaction.

Gigsberg at its sole and full discretion may amend the Service Fees at any time before the Service to which the Service Fees applies is provided, including in the case of the Service Fee that applies to Ticket sales, after the Tickets have been listed but before the user places an order for the Ticket on the Website. All Service Fees including any taxes if such are applicable shall be disclosed to the users prior to buying or selling a Ticket, and by using the Transaction Services each Seller agrees that those charges will be collected in accordance with section 9 of the Seller Policies.

The Buyer cannot change his postal address after the purchase of the Tickets without Gigsberg's prior consent which is given on the Seller's behalf. Such consent shall not be unreasonably withheld subject among others to the time when the request was made, and may be subject to additional charges for Gigsberg's service of re-arranging the delivery of the Tickets to the new address postal address and shall be charged from the payment method supplied by the Buyer.

12. Selling Tickets

If you are a Seller you must comply with all applicable laws and regulations, the Terms and the Seller Policies (as defined below) when listing, selling and delivering your Tickets.

When listing a Ticket a price must be set for each Ticket for which you are willing to sell the Ticket ("Sale Price"). The Sale Price may be modified or deleted at any time before the Tickets are sold. You must also list the accurate Ticket details, such as the event date and time, seat numbers [and any restriction which limits the use of the tickets to persons of a particular description and the face value of the Ticket.

By listing a Ticket for sale, a binding offer to sell the Ticket is made by you to a Buyer who purchase the Ticket at the Sale Price. The acceptance of a Buyer of your offer by purchasing your Ticket through the Website, binds you to deliver the exact Ticket for the Sale Price and within the required delivery time in accordance with the Terms and the Seller Policies.

Any failure to fulfil orders for the Tickets listed for sale will lead to charges as stated in [the Terms and the Seller Policies.

Gigsberg does not and shall not guarantee that your Tickets will be sold or that your listing will appear on the Website in a certain time and/or a certain order. Gigsberg is not responsible for Tickets that do not sell unless this was caused directly by Gigsberg's breach.

13. Buying Tickets

If you are a Buyer then you are responsible for reading the listing before making any commitment to buy Tickets. By placing an order through the Services you are entering into a binding contract with the Seller to purchase the Ticket for which you placed your order.

All sales are final, except for cancelled events, and you will not receive any refund for purchases unless otherwise provided under these Terms. Any amendment to any orders after the sale is complete is not possible.

If the Buyer has received Tickets from the Seller that are invalid and/or not the Tickets that have been ordered and/or Tickets that have not been honoured and have been rejected entrance to the event, the buyer must obtain proof with respect to any of the above and contact Gigsberg as soon as possible, and at the latest two (2) days from the date of the event or seven (7) business days from the date the Buyer has received the Tickets (the applicable).

You acknowledge that any fraudulent claim that you make will be denied by Gigsberg and that you will be responsible for any damage and/or cost incurred by Gigsberg and/or any third party due to such fraudulent claim.

Event's information that is listed on the Ticket, including the date, time, location, etc. may all be subject to changes by the organiser of the event to which the Ticket relates. The Buyer is responsible for verifying the event information and changes by checking the official listings of the Ticket by the event organiser before or after purchase

In a case of an ID event, the buyer is requested to submit full names of all attendees during the checkout process. Failing to provide the information might result in entry denial by the event organisers. Gigsberg will not be responsible for entry denial in case the buyer failed to provide the details on checkout & the buyer will not be entitled for a refund.

On rare occassions tickets will be delivered 1-3 days before the event.

At our discretion, Gigsberg may choose to upgrade the tickets purchased by a customer to a better seating section or category without any additional cost to the customer. This is a rare occurrence and Gigsberg reserves the right to make such upgrades based on factors such as availability and/or event logistics. In such cases, Gigsberg will make an effort to inform the customer of the upgrade and provide them with the updated ticket information as soon as possible. Please note that any such upgrades will not affect the terms and conditions of the original ticket purchase, including any restrictions or limitations that may apply.

14. Tax

The Seller is responsible for determining if he is required to account for VAT, sales tax or any other similar fees (together, "Tax") on the sale of the Ticket. Any applicable Tax must be included in the Sale Price of your Ticket. Gigsberg takes no responsibility for any Tax issues. You agree to provide Gigsberg with any tax identification number if necessary, for Gigsberg to provide (without any notice to You) information to the relevant tax authorities related to payments you receive from us and further authorize Gigsberg to release that information to the relevant tax authorities. You acknowledge that the Tax mentioned above is separate from any Tax Gigsberg is required to charge on its fees.

15. Payments

All payments received from Buyers for Tickets purchased via the Services are processed by Gigsberg or Gigsberg's sub-contractor on behalf of the Seller and credited to the Seller in accordance with the Terms. Without any limitation to the Terms, the Seller appoints Gigsberg or any of its sub-contractors as its limited payment collection agent solely for the purpose of accepting funds from Buyers on behalf of Seller. Seller agrees that any payment made by Buyer to Gigsberg or any of its subcontractors 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 the Seller had received the payment directly from Buyer. Except as otherwise specified in the Terms and/or the Seller Policies, Seller understands that Gigsberg's obligation to pay Seller is subject to and conditional upon successful receipt of the relevant payments from Buyer. Except as otherwise specified in the Terms and/or the Seller Policies, Gigsberg guarantees payments to Seller only for such amounts that have been successfully received by Gigsberg from Buyer (following deduction of the Service Fees and other payments, to the extent applicable, under the Seller's Policies.

Any payment from Buyers are due and payable immediately. The Buyer can pay the full order amount (including Tax) using only one of the payment methods specified on the Website as being available for purchase of the Tickets.

Buyer's obligation to pay for a Ticket is satisfied only when Gigsberg has received the payment for the Ticket in full.

16. Event changes, cancellation or postponement

If an event is cancelled and not rescheduled, and such information is known to Gigsberg, Gigsberg shall take reasonable measures to notify both Buyer and Seller about the cancellation. If the Seller requires his Tickets back in order to be refunded by the original issuer or seller of the Ticket, he must contact Gigsberg's customer service immediately after the cancellation.

If an event is cancelled and not rescheduled, the Buyer must retain the Tickets and, if originally sent from the Seller, send them back to the Seller. The Buyer shall be refunded for the Tickets once the Seller has received the Tickets (if applicable) and no payment shall be awarded to the Seller for such transaction. If the Seller has already been paid, at Gigsberg's discretion, the payment for the sale may be recovered by charging the Seller's credit card and/or any other payment method supplied to Gigsberg or by setting off this amount against pending payments for other Tickets the Seller has sold or will sell in the future.

If an event is postponed, Gigsberg will instruct the Seller and the Buyer how to resolve any Ticket issues. Refunds will not be issued for postponed events, unless they are ultimately cancelled as stated above.

The Users acknowledge that Gigsberg is not responsible for partial performances or any change to the venue, line-up or any delays or time changes of the event after the Ticket to which the event relates is sold. No refunds will be issued in such circumstances.

17. Rules of Conduct and Usage

You represent and warrant that you have full right and authority to use the Services and, when you act as a Seller, the Transaction Services, and to be bound by these Terms. You agree that you will comply fully with these Terms and all applicable domestic and international laws, regulations, statutes, ordinances that govern your use of such Services. Without limiting the foregoing and in recognition of the global nature of the internet, you agree to comply with all local and international rules regarding online conduct. You also agree to comply with all applicable laws affecting the transmission of content or the privacy of persons.

You undertake that you shall not defraud, or attempt to defraud Gigsberg or other users, and that you shall not act in bad faith in your use of the Services, or if you are a Seller, the Transaction Services. If you have breached these Terms Gigsberg may terminate your Account and prohibit you from using the applicable Services. You agree that your use of the applicable Services shall be lawful and that you will comply with these Terms. You must not:

• create an Account or use the applicable Services if you are barred from using the applicable Services under the provisions of these Terms or any applicable law;
• promote, host, display or implement the applicable Services on any Websites that: (i) contain indecent, obscene or pornographic material, hate speech, highly explosive subject matter, defamatory, libellous, obscene, gambling related, discriminatory, deceptive, abusive spyware, adware, or other malicious programs or code, unsolicited mass distribution of email, any illegal subject matter or activities or otherwise offensive content or content addressed to individuals under the age of 18; (ii) incorporate any materials that infringe or assists others to infringe any copyright, trademark or other intellectual property rights; (iii) are an incentive-based website, such as a lottery or sweepstakes site which rewards users for clicking on links; (iv) engage in activities that breach Gigsberg's Privacy Policy; (v) openly encourage users to click on banner ads or other sponsored links to support the site; or (vi) infringe any right of any third party or breach any applicable law or regulation;
• upload, post, transmit or otherwise disseminate any User Content that is vulgar, indecent, obscene, pornographic, sexual or that is, in a reasonable person's view, otherwise offensive or objectionable;
• libel, ridicule, defame, mock, stalk, intimidate, threaten, harass, or abuse anyone, hatefully, racially, ethnically or in any other manner;
• copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer or decompile, modify or alter any part of the applicable Services;
• upload or transmit (or attempt to upload or transmit) User Content that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files or data, or any other similar software or programs that may damage the operation of the applicable Services or the devices of other users of the Services;
• advertise, solicit or transmit any User Content consisting of commercial advertisements that are chain letters, junk email or repetitive messages (spim or spam) to anyone;
• breach the contractual, personal, intellectual property or other rights of any party including by using, uploading, transmitting, distributing, or otherwise making available any information or material made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
• create false personas, multiple identities, multiple user Accounts, set up an Account on behalf of someone other than yourself, use bots or other automated software programs to defraud or which otherwise breach these Terms and/or the terms of service of any Third-Party Sites and Materials (defined below);
• attempt to obtain Login Information or Personal Information from other users, whether in text, image or video form;
• upload or transmit (or attempt to upload or to transmit), without Gigsberg's express consent, any User Content that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware", "passive collection mechanisms" or "pcms");
• improperly use support channels or complaint buttons to make false reports to Gigsberg;
• develop and distribute "auto" software programs, "macro" software programs or other "cheat utility" software programs or applications;
• encourage any third party to: (i) directly or indirectly generate usage, queries, impressions, or clicks through any automated, deceptive, fraudulent or other invalid means; (ii) edit or modify any tag, or remove, obscure or minimize any tag in any way; or (iii) engage in any action or practice that reflects poorly on Gigsberg or otherwise disparages or devalues Gigsberg's reputation or goodwill;
• make representations with respect to Gigsberg not approved in advance and in writing by Gigsberg;
• rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account to anyone without Gigsberg's prior written consent;
• access an Account which has been rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the Account creator without Gigsberg's prior written consent;
• engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms;
• breach any applicable laws or regulations, or encourage or promote any illegal activity including, but not limited to, copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Services;
• attempt to use the Services on or through any service that is not authorized by Gigsberg. Any such use is at your own risk and may subject you to additional or different terms. Gigsberg takes no responsibility for your use of the Services through any service that is not authorized by it;
• take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services;
• attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Services; and/or
• interfere with the ability of others to enjoy using the Services, including disruption, overburden or aiding in the disruption or overburdening of the Services' servers, or taking actions that interfere with or materially increase the cost to provide the Services for the enjoyment of all its users.

Gigsberg may report to law enforcement authorities any actions that may be illegal. Gigsberg will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Services or on the Internet.

18. Intellectual Property Ownership

Gigsberg and/or its affiliates retain all rights in the applications, software, designs, graphics, texts, information, pictures, video, sound, music, and other files related to the Services and/or Transaction Services ("Proprietary Data"). The entire contents of the Services and/or Transaction Services are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You shall not, nor shall you cause any other party to modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce framed, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the Services and/or Transaction Services pursuant to these Terms or otherwise exploit any of the Proprietary Data without Gigsberg's explicit, prior written consent. The foregoing shall not apply to your own User Content that you post through the Services and/or Transaction Services in accordance with these Terms. All other uses of copyrighted or trademarked material, including any derivative uses, requires explicit, prior written consent from Gigsberg. Any reproduction or redistribution of Proprietary Data not in accordance with these Terms is explicitly prohibited and may result in the termination of your Account as well as severe civil and criminal penalties.

Gigsberg and/or its licensors and affiliates own all right, title, and interest, including copyrights and other intellectual property rights, in and to all the Proprietary Data. You hereby acknowledge that you do not acquire any ownership rights by using the Services and/or Transaction Services or by accessing any of the Proprietary Data, or rights to any derivative works thereof.

You are not required to provide Gigsberg with any feedback or suggestions regarding the Services and/or Transaction Services or any Proprietary Data. However, should you provide Gigsberg with comments or suggestions for the modification, correction, improvement or enhancement of the Services and/or Transaction Services and/or any of the Proprietary Data, then, subject to the Terms and the Privacy Policy, you hereby grant Gigsberg a non-exclusive, irrevocable, worldwide, royalty-free license, including the right to sublicense, to use and disclose such comments and suggestions in any manner Gigsberg chooses and to display, perform, copy, have copied, make, have made, use, sell, offer to sell, and otherwise dispose of any Proprietary Data embodying such comments or suggestions in any manner and via any media Gigsberg chooses, but without reference to the source of such comments or suggestions.

Any such feedback, suggestions, opinions, advice and all other information expressed by any third parties on the Services and/or Transaction Services represent the views of those third parties and not the views of Gigsberg. You should not rely on such feedback, suggestions, opinions, advice or other information. Neither Gigsberg nor any of its affiliates or their respective shareholders, officers, directors, employees, agents, contractors, partners, consultants, information providers, licensors and licensees ("Representatives") shall be responsible or liable for any decisions you make based on such information.

19. Disclaimer of Warranty; Limitation of Liability; Indemnification

Gigsberg is fully responsible for the products sold, and is liable in case of disputes, chargebacks, fraud, and compliance.
The Services and all Proprietary Data provided by us are provided on an "AS IS" and "AS AVAILABLE" basis. Gigsberg assume no liability or responsibility for any:

• errors, mistakes, inaccuracies, non-suitability or non-conformity of any Proprietary Data;
• any unauthorized access to or use of Third-Party Sites and Materials (as defined below), secure servers and/or any Personal Information stored therein;
• any interruption or cessation of transmission to or from the Services and/or Transaction Services;
• any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Services and/or Transaction Services by any third party;
• User Content which is published, displayed and/or suggested through the Services and/or Transaction Services, its integrity, accuracy and/or reliability; or
• any errors or omissions in any Proprietary Data or for any loss or damage of any kind incurred as a result of the use of any Proprietary Data posted, e-mailed, transmitted, or otherwise made available via the Services and/or Transaction Services
• if and to the extent the loss resulting from anything listed above is not caused by Gigsberg's breach of its obligation or was not foreseeable to both Gigsberg and you when this contract was entered into.

GIGSBERG SHALL NOT BE LIABLE FOR ANY THIRD-PARTY SITES AND MATERIALS, USER CONTENT AND/OR DEFAMATORY, OFFENSIVE AND/OR ILLEGAL CONDUCT BY ANY THIRD PARTY.

Gigsberg is not responsible for any loss, liability, claim, demand, damages, costs and expenses arising out of or in connection with any of the following and, if it is not caused by Gigsberg's breach of its obligation, your access to and use of the Services:

• your breach of any of these Terms;
• your breach of any third-party right, including without limitation any copyright, property, or privacy rights
• any claim that any User Content submitted by you has caused damage to a third party; and/or
• any User Content you post or share on or through the Services and/or Transaction Services.

GIGSBERG IS NOT A PARTY TO THE TRANSACTIONS BETWEEN SELLERS AND BUYERS. GIGSBERG AND ALL OF ITS AFFILIATES AND/OR SUBCONTRACTORS AND/OR OFFICERS AND/OR DIRECTORS AND/OR ANY OTHER PARTY ACTING ON ITS BEHALF, ARE NOT LIABLE FOR ANY CLAIMS, DEMANDS AND DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH A DISPUTE BETWEEN THE BUYER AND THE SELLER TO THE EXTENT THE DISPUTE IS NOT CAUSED BY GIGSBERG'S BREACH OF ITS OBLIGATION.

20. Dealings with Advertisers

Your correspondence or business dealings with, or participation in purchase of goods, use of coupons, promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Gigsberg will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services, including, for the avoidance of doubt any dealings with third party vendors and/or merchants which were referred in any suggestions and/or recommendations provided through and/or within the Services.

21. Third-Party Sites and Material

You may be able to access, review, display, use or purchase third-party products, services, resources, content, information or links to other third-party websites or resources ("Third-Party Sites and Materials") via the Services. Gigsberg is not liable for any liability that you may incur arising from your access to, use of or reliance upon any Third-Party Sites and Materials through the Services. Gigsberg: (i) is not responsible for the availability, accuracy integrity, quality or lawfulness of such Third-Party Sites and Materials; (ii) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to or use of such Third-Party Sites and Materials; and (iii) does not make any promises to remove any Third-Party Sites and Materials from being accessed through the Services. Your ability to access or link to Third-Party Sites and Materials or does not imply any endorsement by Gigsberg of such Third-Party Sites and Materials.

These Terms do not authorize you to, and you may not use any Third-Party Sites and Materials except as expressly permitted by the owners of such third-party sites and materials and such owners may have the right to seek damages against you for any unauthorized use of their Third-Party Sites and Materials.

Without derogating from any of Gigsberg's rights and remedies under these Terms and/or under applicable law, Gigsberg will be entitled to immediately discontinue the Services and/or Transaction Services or any part thereof, including the termination of your Account, in the event of any infringement or misappropriation of any rights of any third parties in connection with any Third-Party Sites and Materials.

You may not use any third-party materials for which you have not obtained appropriate approval to use. Gigsberg cannot grant permission to use third party content.

22. Notices

Notices to you may be made via the Services and/or email. Gigsberg may also provide notices of changes to these Terms or other matters by displaying notices or links to notices through the Services.

23. General

By using the Services and/or Transaction Services or visiting the Website, you agree that the laws of Republic of Cyprus, without regard to principles of conflict of laws and regardless of your location, will govern these Terms and any dispute of any sort that might arise between you and Gigsberg. Any claim or dispute between you and Gigsberg that arises in whole or in part from your use of the Services and/or Transaction Services shall be subject to non-exclusive jurisdiction of a court of competent jurisdiction located in Nicosia, Republic of Cyprus.

Gigsberg may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the Services and/or Transaction Services to a third party without your consent or prior notice to you if such transfer does not in any way undermine your rights hereunder. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of Gigsberg. Any attempted or actual assignment thereof without Gigsberg's prior express written consent will be null and void.

These Terms supersedes all prior or contemporaneous quotations, agreements, communications or understandings, whether written or oral, relating to its subject matter.

24. English Version

These Terms may be presented in a variety of languages, and it is hereby clarified that in the event of any conflict between the provisions of the English version of these Terms and those of any other language version, the English version of these Terms shall prevail.

For any questions about these Terms or the Services and/or Transaction Services and for technical issues relating to the Services and/or Transaction Services, please contact us at [email protected].

Last update: August 2019

© 2019 Gigsberg GmbH, all rights reserved.

1. Listing Tickets

In order to list Tickets, you as a Seller will have to list the Tickets on the Website at the price assigned by you, together with all the information of the Tickets which are relevant for their sale and for the Buyer, including without limitation, the event date, the Ticket original price, sections, zones, seats, rows and the duration of the listing, all in accordance with the Terms.

In order to list the Tickets, you must provide Gigsberg with a valid credit card or a debit card. Furthermore, by listing the Tickets you hereby confirm and agree that Gigsberg will receive a non-exclusive, worldwide, assignable, royalty free right and license to reproduce, adapt, modify publish and display on the Website and/or any Gigsberg's distribution partner website (listed as a Gigsberg partner on the website), your listings, including any description of the Tickets, all for the purpose of promoting the sale of the Tickets.

All Tickets listing should include only accurate and complete information regarding the Tickets, including the name of the event, date, section, row, or exact zone of the Tickets if the above is not known or listed on the Tickets, including if applicable, any event limitations such as age or health limitations, obstructed view, wheelchair seating, behind/side stage and the face value of the Ticket.

If your listing of the Tickets is insufficient or incomplete, Gigsberg may remove your listings.

You may not list the following types of Tickets on the Website and/or Services, or you may be subject to fees as described in the Terms:

• Tickets that are not consecutive – those must be sold in different listings.
• Listing that are not for access to a particular event, such as party passes, club passes or season tickets (that cannot be separated and sold apart from the season ticket).
• The right to purchase and/or receive a Ticket – you are allowed to list only Tickets that are already in your possession (physically or electronically – E-Ticket).
• Tickets that you do not own.
• Tickets that are invalid.

Once the Tickets have been listed on the Website and/or the Services, you are advised not to list the Tickets on any other website and/or marketplace. If your Tickets have been sold before they have been sold through the Website, you must remove the listing of the Tickets immediately from the Website.

When listing a Ticket and setting the price, you must comply with all applicable laws, statutes and regulations, as those apply to you as a seller.

2. Notification and confirmation

Once we obtain a confirmation that the Buyer has paid for the Ticket, we shall notify you of the sale via email, and confirm that the Buyer has paid the Sale Price, including tax and delivery fees.

Once the Buyer has purchased the Ticket, the transaction is binding on both the Seller and the Buyer, however the sale of the Tickets will be finalized only after the Buyer receives the Tickets.

3. Payment

Usually, we will process the payment owed by the Buyer within 24 hours from the completion of the transaction by the Buyer. All funds will be paid to Gigsberg and/or any of its affiliates and/or subcontractors and shall be transferred to the Seller using the payment method provided by the Seller within 14 business days after the event that can be attended with the Ticket sold, and the Buyer's confirmation that Tickets are valid and authentic, all in accordance with the Terms. At no time will we provide the Buyer's payment information to the Seller. The Services Fees (or any other fee payable by Seller to Gigsberg under these Seller Policies, will be charged to the Seller by way of deduction from the payment made by the Buyer and received by Gigsberg for the Ticket sale transaction.

4. Ticket supply

Once we inform that the Buyer has made payment for the purchase of the Ticket, you must complete the transaction with the exact Tickets you have listed. You must deliver the Tickets to the delivery address supplied by the Buyer and with the delivery method chosen by the Buyer at the time of sale, no later than the shipping deadline indicated by you at the time of sell, and in any event, the Tickets must be delivered and received by the Buyer no later than three (3) days before the event, unless otherwise authorized by Gigsberg ("Delivery Due Date").

If you are unable to deliver the exact Tickets listed, or unable to deliver the Tickets by the Delivery Due Date, Gigsberg may cancel the sale, find replacement tickets for the Buyer and charge you by using the payment method provided by you a replacement fee and any other charges and/or costs borne by Gigsberg due to you not providing the Tickets, all in accordance with these Terms.

Furthermore, if the Buyer has been denied entrance to the event because you have supplied him with an invalid Ticket, and the Buyer has provided Gigsberg with sufficient proof of him not entering the event due to the Tickets being invalid, we may refund the Buyer at any time and charge you any charges and/or costs and/or damages incurred by Gigsberg and/or any third party due to the supply of such invalid Tickets.

If the event is cancelled or rescheduled, we reserve the right to remove the listing of the Tickets for the event and/or transaction and refund the Buyer.

5. Tickets delivery

For "Hard copy" Tickets:

You must send the Tickets within seven (7) working days after you received the confirmation of the sale from Gigsberg, and in any situation no later than ten (10) days before the event, using the shipping label provided to you by Gigsberg.

Gigsberg may order you to deliver the Tickets yourself, using the delivery method chosen by the Buyer from the available options on the Services, and in accordance with the delivery schedule mentioned in this section ‎5.

For "E-Tickets"

You will upload the E-Tickets to Gigsberg's Website when you list them for sale. Unless the listing has been removed by you, Buyers will be able to purchase the E-Tickets until the start of the event, and the Tickets will be sent to them by email.

If you do not possess the Ticket when listing the Ticket on the Website, you must upload a proof of your ownership of the Ticket and the right to receive the Ticket, that shall be verified by Gigsberg and listing of such Ticket will be subject to Gigsberg's confirmation before it can be uploaded on the Website. Following Gigsberg's confirmation, such Tickets shall be subject to the same delivery requirements as for "Hard Copy" Tickets.

If you cannot send Tickets by the required delivery date, or if you cannot deliver them at all or if you are required to offer replacement Tickets you must contact Gigsberg immediately. Gigsberg may cancel your listing/sale without further notice or payment to you, and may charge you with a replacement fee and additional delivery costs, in accordance with the Terms.

Envelope contents

You are not allowed to include in the envelope delivered to the Buyer, in addition to the Ticket, any material that has not been supplied or approved directly by Gigsberg, such as but of course not limited to any promotional materials of any nature.

6. Payment

Payment from Buyers are processed by Gigsberg or any of its affiliates or subcontractors on behalf of the Sellers. When the Tickets have been sold, your payment will be released within fourteen (14) business days after the event takes place and the receipt of the Buyer's confirmation that the Ticket is valid and authentic, all in accordance with the Terms.

7. Taxes

The Seller is fully responsible for any payment of any applicable taxes for the sale of the Tickets and for collecting and remitting any and all applicable taxes in connection with the Tickets sales (including, but not limited to VAT tax).The Seller acknowledges that Gigsberg is not responsible for the accuracy or suitability of any payment of any applicable taxes on the Sellers behalf, and that it will not collect taxes on any sales.

You acknowledge that Gigsberg may be required by an authority or by any applicable law to collect your Tax ID Number ("TIN") and supply it to any applicable tax authorities. You must comply with any request of Gigsberg for such information and supply it within 48 hours from the moment Gigsberg have contacted you for such information.

8. Buyer's information

You are not allowed to use the Buyer's information provided to you for any purpose but for delivering the Tickets sold through the Website.

You must not, and you must ensure that anyone on your behalf will not, use the Buyer's information for any other purposes or needs.

9. Fees for breaching the Seller Policies

If you breach the Seller Policies and/or thee Terms, in addition to any other rights Gigsberg may have under law or the Term, you may face the following consequences and charges:

• Fees for replacement Tickets that must be supplied by Gigsberg or anyone on its behalf to the Buyer because of your breach of the Seller Policies and/or the Terms (the fee shall equal to the replaced Ticket price).
• Refund fees, for any refund that must be provided to the Buyer if replacement Tickets was not provided to the Buyer by Gigsberg (the fee shall equal to the Ticket price).
• Additional delivery costs, which arise if Gigsberg has to resolve any issues caused by sales of Ticket or deliveries that not correctly fulfilled.
• Removal of listings or order cancellation.
• limitations to your Account or cancellation of your Account.
• Withholding payments.

With respect to any of the actions referred to under this Section 9 above, an administrative fee equal to 30% of the Ticket will be charged.

Gigsberg is entitled to deduct any of the above fees from any pending or future payment you are entitled to receive, or alternatively those may be charged using your payment method.

(*) For the acquiring these Terms of Use (“Terms”) represent a legally binding agreement between Gigsberg GmbH, Gewerbestrasse 5, 6330 Cham, Switzerland