TERMS OF USE

Last updated: September 25, 2024

Online platform NTRteam GMBH, Nummer der Firma: HRB 24497, registered address: Germany, 55743 Idar-Oberstein, Mainzer Straße 34, hereinafter referred to as "Platform", "We", "Us" or "Our"), cooperating with the Company, the owner of the System and Events Organizers on the basis of separate agreements or we ourselves are the Organizer and is the owner of the Site:https://mticket.de

Company KONTRAMARKA OÜ, registration number: 14693656, postal address: Harju maakond, Tallinn, Kesklinna linnaosa, Pärnu mnt 139c, 11317 Republic of Estonia, (hereinafter referred to as the "Company"), which is the owner of the System, cooperates with Ticket Implementers and Event Organizers based on separate agreements.

This Terms of Use (hereinafter referred to as the «Agreement») applies to any purchases made through the Company-owned Implementer Widget and is designed to ensure your understanding of the purchase process and to explain Our involvement in the provision of the Services and the specifics of the purchase of Tickets. The agreement enters into force from the date of its placement on the websitehttps://mticket.de and is valid indefinitely.

By default, We provide the Site as an online platform that enables third-party companies (Implementers) to post advertisements for the sale of Tickets for various events and concerts. In this case, we are not responsible for the Ticket Implementers but only connect them with Buyers who wish to buy Tickets. By accessing or using our Site, Buyer agrees to be bound by these Terms of Use and the Privacy notice. If the Buyer does not agree to be bound by these Terms, or if at any time the Terms become unacceptable, please stop using the Site and Widget and our Services immediately.

Before placing an order, the Buyer is redirected from the Site to a separate content module (Widget), which is automatically determined by the System and connects the relevant Implementer (who is responsible for selling Tickets for a certain Event) with the Buyer. By purchasing a ticket, the Buyer agrees to the terms of purchase of the relevant Implementer.

All Ticket Implementers are subject to the requirements set out in these Terms of Use. We draw your attention to the fact that the Platform, in addition to providing the Site for use, can additionally act as an Implementers or Organizer and sell Tickets. In this case, We will have the same rights and obligations as provided by these Terms and Conditions for Implementers and Organizers.

Please note that We may make changes to these Terms of Use at any time, which will be effective immediately when We post the update to the Site https://mticket.de. The "Last Updated" date above will tell you when the Agreement was last revised. By continuing to use the Site and Widget and Our services after this date, You agree to the changes.

If you have additional questions, do not understand something or have any other questions, please contact us by e-mail at [email protected].

1. TERMS

In this document, the following terms are used equally in the singular and plural (unless otherwise indicated in the term and/or definition) with the following meanings:

• "Ticket" - a document sent to the Buyer by e-mail (unless otherwise provided by the terms of this Agreement or on the website https://mticket.de) and certifying the right of the Buyer to attend (pass, view, listen to) the Event, contains a dash -code, order number, information about the name, date, place of the Event, the seat allocated to the Buyer (sector, row, etc.), the cost of attending the Event and the amount of the Service Fee, as well as additional legal or technical information.
• "Reservation" - a formed Order that is awaiting payment by the Buyer.
• "Order" - one or more Tickets for one Event, selected by the Buyer on the Widget, which are combined by the System by a single identification number.
• "Event" - a cultural and entertainment event, including a theatrical performance, circus performance, concert, exhibition, film screening, festival, show, fashion show, sports competition, excursion, as well as any other event, the attendance of which is possible only if the presentation of a special document Ticket.
• "Organizer" of the Event - a legal entity, an individual entrepreneur, who has the right to organize and hold the Event based on the relevant, permission documents (if such are provided for by law) contracts and is responsible for the Event.
• "Buyer" or "You" is a natural or legal person who uses the services of the Implementer for booking (if available) and issuing Tickets in accordance with this Agreement.
• "Implementer" of Tickets - a legal entity that sells Tickets, is responsible for and controls the content and veracity of posted information about the Event and the conformity and originality of Tickets.
• "Service fee" - funds charged to the Buyer during the sale of Tickets for the services of booking and selling Tickets. The amount of the Service Fee for each Ticket is a certain percentage of the ticket price indicated on the Ticket.
• "System" is a software complex owned by the Company with which the website operates and controls the widget, which is intended for booking, registration, sale and generation of unique series and numbers of Tickets, identification and storage of user transactions, sending confirmations of purchase by e-mail mail etc.
• "Site" is a collection of the Platform's web pages (including subdomains), located at the link: https://mticket.de.

"Widget" is a content module of the Company that serves to organize the Buyer's communication with the Implementer and to which the Buyer is redirected to purchase a Ticket.

2. ACCOUNT REGISTRATION

You can view the Site and Widget without registering an account. You will need to register an account to perform certain functions, such as Reservation, Ordering or purchasing a Ticket. Each time you log into your account in the System, the Company will send you a unique code to your e-mail, which will serve as a password for logging into the account. Do not share your account username and password with third parties. Buyer is responsible for the confidentiality and use of your username and password and for all activities (including purchases) made through your account

If you suspect any unauthorized use of your account or any other breach of security related to your account, you must immediately notify us in writing. The Company and the Platform are not responsible for any damages related to the disclosure of your username or password or the use of your username or password by someone else.

When registering an account, the Buyer must use his own name, according to official documents. You may not use another person's name with the intent to impersonate that person or for any other reason. In addition, the name must not be offensive, vulgar or obscene. The Company or We may require you to change your password (if applicable) if it believes that your account is no longer secure, or if it receives a complaint that your username infringes someone's rights. At the same time, the Company may delete your account at any time, without explaining the reason. The Buyer does not own their account or username.

Before starting registration, the Buyer should familiarize himself with the Terms of Use and the Privacy Notice. Your registration is confirmation of full and unconditional acceptance of the Terms of Use and the Privacy Notice.

To use the Site and Widget and register an account, you must be at least 18 years old and have the right to enter into legally binding contracts. You may be denied registration, your account may be terminated, or access to the Widget may be denied for any reason.

3. BASIC CONDITIONS

We are an online platform that helps registered users buy Tickets for various Events. These Terms of Use constitute the entire agreement between the parties relating to the subject matter hereof.

This section of the Terms of Use applies to your use of the Site and the purchase of Tickets. By purchasing Tickets using the Site, the Buyer enters into an agreement with the Implementer. We, in turn, obtain your consent to transfer your personal data and may transfer information about you related to your account that allows you to be identified as the Buyer.

Unless otherwise stated at the time of sale, We act as an intermediary for Event Organizers and/or Event Ticket Implementers. When buying Tickets, the Buyer always enters into a direct one-time agreement with one of the Implementers (the Platform can also be the Implementer).

The Implementer sets the prices for the Tickets (in agreement with the Organizer) and is responsible to you for the legal obligations that the Implementer undertakes through the sale of the Tickets to you, namely that the Ticket was in the prescribed form and confirmed your right to present it to the Organizer and access the Event.

The Organizer is responsible to you for ensuring that the Event takes place and that you are able to access the event, in accordance with the Ticket(s) you purchased. If the Event is postponed or cancelled, you must first contact the Implementer and act in accordance with Section 5 "Refunds" of these Terms.

Although the Platform may provide guidance on the Site regarding pricing, event listings, seating, etc., these are for informational purposes only (without any guarantees as to accuracy). The Platform (if it does not act as an Implementer or Organizer) is not responsible for the actions of the Implementer, Event Organizer, third parties acting on its behalf, the organization itself and the fact of the Event being held.

In addition, although the Platform may facilitate the resolution of disputes between the Buyer, the Implementer and the Organizer, We do not control or guarantee the availability, quality, or legality of the Tickets; safety at your chosen Events; truthfulness or accuracy of information about the Events; the ability of Implementers to sell Tickets or Buyers to pay for them; or that the Buyer or Implementer will complete the transaction. As an online Platform, We do not own the Tickets sold through the Site (other than those sold by it as an Implementer or Organizer).

The Platform may assign or transfer the rights and obligations under these Terms at any time on the same terms or conditions that are no less favourable to You. The Buyer may not assign or transfer its obligations under these Terms, or any of its rights or obligations, without the Platform's prior written consent.

By transferring his personal data to the Company, as well as the personal data of third parties when filling out information on the Widget, the Buyer agrees and understands that in order to provide you with Ticket sales services, the Implementer must receive such data from the Company. Among the personal data that the Company collects and can transfer to the Implementer may be a surname, first name, gender, date of birth, contact phone number, residential address and e-mail address. The company may collect personal data in the form of an identity document number and/or tax number in order to ensure security at some events (for example, football, etc.).

After paying for the Order, the Buyer receives the Ticket on your own by e-mail and is responsible for presenting it to the person responsible for organizing the Event. To do this, you can print the Ticket or save it in the memory of a technical device, provided that such a device allows you to display the document for control (scanning) by the access control system at the venue.

In case of ordering a Ticket using the Widget, a message is sent to the Buyer's e-mail address. The buyer must pay the full price of the completed Order before placing the next Order.

Entry to the event is always subject to any terms, conditions or rules of the Implementer, Organizer and venue operator. It is the buyer's personal responsibility to read these terms, conditions or rules.

The Buyer must be aware of the events for which he has purchased a Ticket and must independently check whether the event will be postponed, cancelled or otherwise changed. The Implementer is responsible for keeping up to date with the events for which it offers a Ticket on the Widget. In case of cancellation of the event, the Implementer must delete the information about the Event from the Widget within 48 hours after the official notification from the Organizer. If the Ticket is sold to the Buyer, the Implementer is obliged to return the funds to the Buyer. We will do our best to notify buyers of changes in events but are not obligated to do so.

4. PAYMENT PROCEDURE

You have the right to pay for Tickets by any method offered to you on the Widget. The payment is considered completed by the Buyer at the moment of confirmation of the successful transaction by the payment (banking) institution and the actual transfer of funds to the account.

After the Implementer receives payment for the Ticket, the Order is considered complete and the Buyer has the right to attend the Event. In case of non-payment or partial payment of the order during the Reservation Period, the Order is considered unsold and cancelled.

The Implementer, the Organizer the Company and the Platform are not responsible for calculating and paying any taxes on the sale of Tickets, except when the Implementer is required by law to calculate, collect and remit tax on these sales. Any applicable taxes must be included in the sale price of your Ticket.

You agree that We are not responsible in any way for the accuracy or appropriateness of any payment of taxes to any entity on Your behalf, except where the Implementer is required by law to calculate, collect and remit such taxes. Buyer shall release Implementer, the Organizer the Company and the Platform (if applicable) its subsidiaries, affiliates, officers, directors, agents and employees from all liabilities, interest and costs (including attorneys' fees) incurred as a result of any third-party or governmental claim, which relates to any local, regional, state or international tax liability or amounts payable under any tax provision, law, order or decree.

Payments received from Buyers for Tickets purchased using the Widget are processed directly by the Implementer and the Widget is provided to the Implementer for these purposes. You should understand that Implementers vary from country to country and event to event. At the same time, the Platform can also act as a Implementer and receive funds from you. Information about the Implementer is provided to you before purchasing the Ticket. The Implementer and We do not control (and cannot disclose) the fees charged by your bank and/or credit card company, including fees for ticketing and registration in foreign currency or from foreign persons. Be sure to check with your bank or credit card company before purchasing for all applicable fees, credit card surcharges, and currency conversion rates.

We ask you to familiarize yourself with the legal entity of the Implementer, its terms of sale and privacy policy before purchasing a Ticket, and if you do not agree with any of the Terms for any reason, then do not take any action aimed at purchasing a Ticket, because this action may be irreversible, which will result in you losing money for the Tickets.

If the Implementer is unable to verify or identify any information provided by the Buyer during registration, ordering, purchasing, or payment, including your credit card or bank account details, your Tickets may be cancelled. The Implementer may refuse to honour all pending Ticket purchases made using that credit card or bank account and/or through any online accounts associated with that credit card or bank account. If We or the Company have any doubts about your payments, you may be prohibited from using the Site and the Widget.

When purchasing Tickets using the Widget, the Buyer is limited to a certain number of Tickets for each event. This limit is set and checked during each transaction. This Agreement is aimed at preventing the fraudulent purchase of Tickets. Each account must be associated with a unique individual and contain valid, verifiable information. Multiple accounts may not be used to circumvent or exceed posted Ticket restrictions. If the Buyer exceeds or attempts to exceed the specified limits of Tickets, the Implementer reserves the right to cancel any or all orders and Tickets without notice, and to prohibit you from purchasing Tickets. Any Tickets cancelled due to exceeding the established limit may be refunded at face value (excluding fees).

In order to comply with the limits requirement, Buyers are prohibited from using automated software to purchase Tickets on the Widget, and from circumventing any security measures, access control system or other technological controls.

If the amount paid by the Buyer for the Ticket is incorrect (whether due to human error, a failure of the Widget or another system), then the Ticket may be cancelled (or the order for that Ticket) and the amount paid by the Buyer be refunded. At the same time, We are not responsible for travel expenses or any other expenses that the Buyer or anyone else incurs in connection with errors of this nature.

When purchasing a Ticket, the Buyer undertakes in any case to provide his valid e-mail address, telephone number, as well as his name and the name of the Ticket recipient (in some cases, passport data and tax number, if such requirements exist). If such information is not provided or false or invalid information is provided to the Buyer, the sale of the Ticket may be refused.

The responsibility for saving and protecting the Ticket against copying is solely borne by the Buyer. If someone duplicates a Ticket, access to the Event will be open to the Ticket that was presented first.

In some jurisdictions, there may be points of sale (cash desks) for Tickets. All available and necessary information regarding such ticket offices will be published for each specific Event. When paying at the cash register, the payment is considered completed by the Buyer at the time of receipt of funds at the cash register.

5. REFUNDS

Refunds for Event Tickets are made by the Implementer who sold you the Ticket and only in cases of event cancellation. At the same time, only the nominal value of the Ticket is returned to the Buyer, the Service Fee and the cost of Additional Services are not refunded.

Refunds to the Buyer in case of payment of the Order (Tickets) by non-cash method (bank card) occur after the Buyer sends an electronic request to the address [email protected] or to the address of the Implementer with the addition of a photo and/or a scanned copy of the Ticket(s) and a document confirming its purchase (account statement, payment order, etc.). In case of purchase of Tickets at points of sale (Box Offices), the Buyer is obliged to keep the Ticket(s) and, at Our request, send them to Us or the Company (in accordance with Our instructions).

Only the Buyer, whose details are specified in the Order, can apply for a refund. Refunds are made within 10 (ten) working days from the moment of the Buyer's request, while the deadline can be extended for another 10 (ten) working days.

If the event is postponed (postponed), then Buyers should contact Us or the Implementer and We, in turn, will try to resolve any problems with the Tickets. The Implementer is prohibited from reselling, cancelling or changing Tickets for rescheduled events. Refunds will not be made for rescheduled events unless they are permanently cancelled as stated above.

Also, We are not responsible for partial performances, venue, line-up, time changes or your bad impression afterwards. In these cases, no refund is made.

6. RIGHTS AND OBLIGATIONS OF THE PARTIES

The buyer has the right to:

• receive information about the rules of Ticket sales, Ticket prices, available Ticket categories and other information about the Events posted on the Site and the Widget;
• choose the method of payment for the Ticket from those offered on the Widget, while the Buyer is obliged to familiarize himself with the rules for using one or another payment method;
• send feedback on the work of the Platform and the Implementer to the contacts indicated on the Site;
• refuse to purchase a Ticket on the Widget before paying for the Order. Such a refusal will lead to the termination of all obligations of the Implementer to the Buyer.

By using the Site, the Widget and the Services, You agree not to do any of the following:

• behave offensively towards any of Our employees or other users;
• use Our trademarks without Our prior written permission;
• copy, reproduce, reconstruct, modify, create derivative works of, distribute or publicly display any content (other than Your Information) or software from the Site, the Widget or the Services without the prior written permission of Us and the applicable third party, if applicable;
• interfere or attempt to interfere with the proper operation of the Site, the Widget or Services, or any activity performed on the Site, the Widget or Services.

In an effort to protect Our Buyers, Implementers, Us and the Company, We may screen Ticket sales or listings for signs of fraud using algorithms or automated systems, which may result in the automatic cancellation of listings or sales and the temporary or permanent suspension of accounts. If your transaction has been cancelled in error or your account has been suspended in error, please contact Us and your account may be reinstated or company information at our discretion.

We have the right to:

• require the Buyer to comply with the entire order registration/payment procedure in accordance with the rules set forth in this Agreement.
• cancel the Buyer's Reservation and/or Order if the Buyer has more than 2 (two) unpaid Reservations and/or Orders within 1 (one) calendar month.
• at any time modify any software of the Site, System and/or Widget, suspend the software that ensures the functioning of the site and/or the System, upon detection of significant failures, errors and failures, as well as for preventive work and prevention of unauthorized access to Widget or System.
• set and change tariffs for its Services unilaterally and at any time.
• include in the price of the Order and charge the Buyer a service fee.
• demand full payment of the Ticket from the Buyer.
• to cancel the completed order if it has not been paid during the Reservation Period. A cancelled order cannot be updated for re-payment unless a new order is created by the Buyer.

in case of non-fulfilment by the Buyer of any of the clauses of this Agreement, refuse to provide him with further services.

7. LIABILITY

This Terms of Use (and all documents incorporated by reference) constitutes the entire agreement between the parties relating to the subject matter hereof and supersedes all prior agreements and understandings between the parties, whether written or oral. No amendment, modification or addition to any provision of this Agreement shall be valid or enforceable unless made in accordance with the express provisions of this Terms of Use.

If any provision of this Terms of Use is deemed invalid or unenforceable under any circumstances, this shall not affect its application under any other circumstances and other provisions of this Agreement.

We provide the Site, the Widget, the System and the Content to you on an "as is" and "as available" basis. The Platform does not guarantee that the Site or Widget will always be safe, and work without errors, failures, or delays, so the Buyer uses the Site or Widget at his own risk. To the fullest extent permitted by law, and to the extent applicable law permits disclaimers of express or implied warranties, the Platform disclaims all warranties, express or implied, including any warranty of title, merchantability, fitness, or otherwise that may arise as a result agreement or course of use or usage of trade.

In no event shall We or Our promoters, suppliers, advertisers and sponsors be liable to you or anyone else, and the Buyer hereby knowingly and expressly waives all rights to bring suit and recover damages of any kind arising out of in connection with the use of the Site, the Widget and the System, its content or any product or service purchased using the Widget. We are not responsible for any losses and moral damage suffered by the Buyer as a result of misunderstanding or misunderstanding information about the order execution/payment procedure, as well as the receipt and use of the Services.

The parties are released from responsibility for full or partial non-fulfilment of their obligations under this Agreement if such non-fulfilment occurred as a result of force majeure circumstances, i.e. extraordinary and unavoidable conditions. Circumstances of force majeure include natural disasters, military actions, strikes, natural disturbances and protests, actions and decisions of state authorities, and failures in telecommunications and energy networks.

We, the Company are not responsible for the operation and/or security of the information channels used by the Buyer to access the Site, the Widget and the System, as well as for the storage of information, including the Ticket received by the Buyer in accordance with this Agreement.

All claims or claims related to this Agreement must be submitted in writing within 10 (ten) calendar days from the date of their occurrence. After this period, complaints will not be considered by Us.

We reserve the right to report any activity that We believe is illegal or otherwise inconsistent with this Terms of Use, and We will respond to any verified requests relating to a criminal investigation (eg, subpoena, court order or other legal processes) from local and foreign law enforcement or regulatory authorities, other government officials or authorized third parties.

The Site and Widget contains links to other websites that may not be owned or operated by Us. The fact that We may link to these websites does not imply endorsement or approval of those websites. We do not control these websites. We are not responsible for the content of those websites or the privacy policies of those websites. We encourage you to review the Terms of Use and practices of any website to which We link. The Buyer uses other websites at its own risk and is governed by the terms of those websites. Buyer shall take precautions to ensure that any link Buyer chooses or software it downloads (from the Widget or other sites) is free of viruses, worms, trojans, defects, and other items that have a destructive nature.

8. RESOLUTION OF DISPUTES

Disputes that arise during the execution of these Terms of Use are resolved in the claim’s procedure. The claim is submitted to Us in writing with an attachment of documents substantiating the claims made, within no more than 10 (ten) calendar days from the moment the dispute arose.

In the event that an agreement cannot be reached, the disputes that have arisen are considered in accordance with the procedure established by the current legislation of Germany. For all other matters not provided for in this Agreement, the Parties are governed by the current legislation of Germany.

9. OTHER TERMS

We cannot prohibit minors from accessing the Site or Widget and must rely on parents and guardians to decide what materials are appropriate for children to view and purchase. There are parental control protections (such as computer hardware, restriction software, or filtering services) that can help you limit access to material that is harmful to minors.

You agree to comply with all applicable rules, policies, regulations and conditions of the event organizer, who reserves the right, without refund of any amount paid, to refuse admission or expel any person whose conduct is deemed by the administration to be disorderly, who uses vulgar or offensive language or that does not follow the rules established for users.

You agree that the event for which the Buyer purchases Tickets is public, that your appearance and conduct inside and outside the venue where the event is taking place in public, and that the Buyer has no expectation of privacy regarding your actions or behaviour at the events. The Buyer grants permission to Us, the event organizers, the Company, Our partners, licensees and successors, including but not limited to Our brand and media partners, to use Your name, image, likeness, actions, poses, games, appearance, movements, and statements in any live or recorded audio, video or photographic display or other broadcast, exhibition, publication or reproduction made at or during the event (whether before, during or after the game or performance) for any -for any purpose, in any way, in any medium or context, now known or later developed, without further permission or compensation to you or anyone acting on your behalf.

You and your belongings may be searched upon entering the event. Buyer consents to such searches and waives any related claims that may arise. If the Buyer chooses not to consent to such searches, you may be denied entry to the Event without refund or other compensation. In accordance with certain facility policies, certain items may not be brought onto the premises, including but not limited to firearms, alcohol, drugs, cameras, recording devices, laser pointers, strobe lights, etc.

Illegal resale (or attempted illegal resale) of Tickets, including but not limited to counterfeit or duplicate Tickets, is grounds for possible seizure and cancellation without compensation. The Buyer is responsible for compliance with all relevant laws regarding the resale of Tickets. In addition, We reserve the right to limit or deny Ticketing privileges to anyone who, in Our opinion, is or has been in violation of Our Agreement. Tickets may not be used for advertising, promotions, contests or sweepstakes unless We have given official written permission.

We reserve the right at any time to modify or discontinue, temporarily or permanently, the Site or the Widget, or the Services, or any part of the Site, the Widget or the Services, with or without notice, for any reason. We and the Company carry out regularly scheduled maintenance of the Site, the Widget and the System. While we make every effort to avoid impacting customers, the Site, the Widget or Our Services may be temporarily unavailable during maintenance periods.

The subject heading at the beginning of each paragraph of this User Agreement is for reference purposes only and does not in any way define, limit, construe or describe the scope or scope of such paragraph.

We will send you an email notification to the email address provided by the Buyer during registration. Notice to You will be deemed to have been sent 24 hours after the email is sent.

We may translate this Agreement into other languages for your convenience. In the event of a conflict between the English version and the translated version, the English version will prevail.

10. SECURITY AND DATA PROTECTION

We use secure server software (SSL), which is one of the best software available today for secure commercial transactions. It encrypts all your personal information for security so that no one else can access it.

All systems are protected by a secure firewall infrastructure and well-managed robust security policies. Personnel access to Buyer data is controlled to ensure that only appropriate personnel can view data consistent with their job responsibilities. All actions with Buyers' data are monitored by supervisory personnel and registered in a control log.

More information is in the Privacy Notice.