🤝Terms of Use

Last Updated: 17 July, 2022

Introduction

1.1 Before signing up on the Tix website, You should carefully read, understand, and accept the Terms of Use (“T&C”) herein, as they will govern your use of and access to our Services (as defined below). Please note that your use of and access to the Services are subject to the following terms; if You do not agree to all these terms, You may not use or access the Services in any manner.

1.2 This T&C represents an agreement between

• YOU; and

• FESTIVAL COINS LIMITED (hereinafter referred to as “Tix” or “We” or “Us”, which expression shall, where the context so admits, include its legal representatives and assigns); .

1.3 This T&C contains the terms governing your use of and access to the Tix website and all affiliated websites owned and operated by Us (collectively, the "Platform") and our Services. "You" and "your" mean the person who uses or accesses the Services.

FESTIVAL COINS LIMITED (hereinafter referred to as “Tix” or “We” or “Us” which expression shall, where the context so admits, include its legal representatives and assigns); .

1.3 These Terms of Use contains the terms governing your use of and access to the Tix website and all affiliated websites owned and operated by Us (collectively, the "Platform") and our Services. "You" and "your" mean the person who uses or accesses the Services.

Who We Are

2.1 The Platform is a site operated by Tix, which is the trading name of Festival Coins Limited. We are registered in the Federal Republic of Nigeria with company registration number RC 1537258 and have our registered office address at No. 36 Turnbull Road, Ikoyi, Lagos.

We may revise the Platform Terms of Use at any time by updating this document. You should check the Platform from time to time to review the existing T&C’s, as they are binding on you.

In this T&C, save where the context otherwise requires, references to:

an individual or individuals shall include his/her or their respective personal representatives; the singular includes the plural and vice versa and any gender includes any other gender;

2.2 The following words and expressions in these terms and conditions (save where the context requires otherwise) bear the following meanings:

“Event Organiser” means the venue operator(s) and/or promoter(s) of a particular event;

“Services” means all products and services collectively offered by Tix

“T&C” means these Terms and Conditions;

“User” refers to any person that makes use of the Platform provided by Tix; and

“User Profile”

refers to the User’s profile created by the User on the Platform;

Purpose, Acceptance and Use

3.1 Purpose

3.1.1 This T&C and any other agreements between You and Tix, constitutes a binding contract between You and Tix, and sets out the terms and conditions on which You may use the Platform. The T&C and any amendments or variations thereto shall take effect on their date of publication or on such other date as may be expressly communicated to You, whichever is earlier.

3.1.2 The Platform is intended solely for individuals who are 18 years old or older. Any access to or use of the Platform by anyone under 18 years is unauthorised, unlicensed, and in violation of this T&C. By accessing or using the Platform, You represent and warrant that You are 18 years old or older.

3.2 Acceptance

3.2.1 This T&C governs your use of all products, services, content, and information provided by Tix in respect of the Platform. By downloading, registering, accessing and/or using the Platform, You acknowledge that You have read, understood, and agree to be legally bound by this T&C. If You do not agree with this T&C and/or our Privacy Policy, do not access or use the Platform. You must agree to this T&C before accessing the Platform by ticking the “AGREE” box below. This action shall constitute your acceptance of this T&C and our Privacy Policy and shall govern your access and usage of the Platform.

3.2.2 By signing up to use the Platform, You agree to comply with and be bound by the terms and conditions governing the operations of the Platform.

3.3 Use of the Tix Platform

3.3.1 Your use of the Platform is governed by the version of the T&C in effect on the date that You use or access the Platform. We reserve the right to amend, change, vary or alter the T&C at any time with or without notice to You. If You access or use the Platform after the amended T&C has been published, You will be deemed to have agreed to the T&C as amended, changed, varied, or altered.

3.3.2 You acknowledge and accept that Tix offers the Platform only electronically. Any query and complaint You may have relating to the Platform shall be addressed to Tix through the designated customer service email channel.

Access to Tix Platform

4.1 We provide the Services electronically and allow registration for an account to access the Platform for the purpose of selling and managing tickets for events and other products. You may register for a User Profile only if you are the event organiser or an authorised ticket seller, having obtained the express written permission of the event organiser, selling tickets for and on behalf of an event organiser (“Event Organiser”). We provide the Services to the Event Organiser and have no relationship between the Event Organiser and its customers (“Event Attendee”). Any tickets sold through Tix does not create a contractual relationship between Us and the Event Attendee and so it is the responsibility of the Event Organiser to provide any terms of sale of the tickets to the Event Attendee. We will direct any queries or questions raised by Events Attendees to You. You agree:

• to handle all communication with your Event Attendee and not to refer them to us for customer support;

• to respond to any queries you receive from Event Attendees within 3 days;

• to accept all liability in relation the contractual relationship between you and the Event Attendee;

• to notify your Event Attendees immediately, and update your Tix event page, if your event is cancelled, postponed or has a material change from the original information given when the event was first put on sale.

We retain the right to suspend or terminate your access to the Services if you fail to adhere to these contractual requirements with your Event Attendees.

When using the Platform, you shall:

• comply with applicable laws and obligations related to your provision of events, products or services to Event Attendees, or receipt of booking fees, transaction fees, or charitable donations;

• provide Us with such information and material as We may reasonably require to supply the Services and ensure that such information is accurate;

• maintain and promptly update all information and material as may be required by us to supply the Services to keep it true, accurate and complete; and

• cooperate with us in all matters relating to the Services.

4.2 To enable You to create a User Profile on the Platform, We require your name (or in the event of a body corporate, registered business name/company), your phone number, your email address (“Personal Information”). You agree that You will provide true, accurate, current and complete registration information about yourself. You hereby authorise Us to verify your Personal Information from independent sources that may be available to Us. You shall promptly update your Personal Information via the Platform in the event of any change or modification to your Personal Information.

4.3 In order to access the Platform, You will be required to register and create a User Profile. When You register, the email address provided to Us will serve as your username and You will be required to create a password, which You will be required to use to access your User Profile. Tix has physical, electronic, and procedural safeguards that comply with regulatory standards to guard Users’ non-public personal information. You shall be solely responsible for maintaining the confidentiality of your profile and password. While Tix shall take all reasonable steps to protect your Personal Information, You hereby accept responsibility for any breach, unlawful access, use, compromise, or manipulation of your Personal Information caused by your conduct, inaction, carelessness, inadvertence, or negligence. You are to notify Us immediately if You become aware of any disclosure, loss, theft, or unauthorised access or use of your Personal Information.

4.3 We reserve the right to request for further information from You pertaining to your use of the Platform at any time. Failure to provide such information within the time required by Us may result in Us declining or terminating your access to the Platform.

4.4 We reserve the right to decline your application to access the Platform or to revoke the same at any stage at our sole discretion and without assigning any reason or giving any notice thereto or in accordance with notice periods permitted in law.

4.5 We offer the Services electronically via the website and mobile app. You acknowledge and accept that You will not be allowed or entitled to receive or demand the services pertaining to the Platform at the office of Tix unless otherwise advised by Us in our discretion.

4.6 After the user registration process, You will be deemed to hold a User Profile.

Prohibited Uses

5.1 You agree that You shall not do the following:

5.1.1 use the Platform in any manner that could damage or overburden Tix’s server, or any network connected to Tix’s server, interfere with any other party’s use of the Platform; or

5.1.2 use the Platform for any illegal or unlawful or malicious activity, or for activities that will be deemed improper under any law in force in Nigeria, which includes but is not limited to money laundering, financing of terrorism, fraud, racketeering, amongst others; or

5.1.3 impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or use or provide any fraudulent, misleading, or inaccurate information; or

5.1.4 use the Platform to post or transmit material for which You have not obtained all necessary licences and/or approvals prior to such post or transmission;

5.1.5 use the Platform in any manner which constitutes or encourages conduct that would be considered a criminal offence or give rise to civil liability, or otherwise be contrary to the law in any country in the world.

5.1.6 access or use (or attempt to access or use) another user’s profile without permission or solicit another user’s login information.

5.2 You agree that your access to the Platform may also be suspended, or your account may be cancelled, at our discretion, if we suspect that you are using the Platform in any manner described above. We may take civil or criminal actions against You if We have reason to believe that You have used or attempted to use the Platform in any manner prohibited above and we will not be liable for any loss or damage that may arise from your misuse of our service.

Communication

You consent to Us sending all notifications, notices, records, statements, communications, updates, records, and any other information regarding the Platform provided to You electronically (“Correspondence and Communication”). Where applicable, You will be responsible for any charges, costs or expenses incurred for sending any Correspondence and Communication to You.

Transmission of Personal Information

7.1 Your use of the Platform may involve the transmission of your Personal Information to third party service provider(s). In view of your right to provide consent for the transmission of your personal information, You consent to the transmission of such information through the Platform and represent that such consent shall be effective each time You use the Platform. You hereby agree that We reserve the right to request for further information from You pertaining to your access or use of the Platform.

7.2 The transmission, use and/or analysis of your personal data or information shall be processed by Us in accordance with the Nigeria Data Protection Regulations 2019 and any other data protection regulation in force.

Usage monitoring

We reserve the right to access, archive, or monitor your use of the Platform in accordance with the applicable laws of the Federal Republic of Nigeria. By using the Platform, You accept our right to access, archive, or monitor usage to ensure service quality, or to evaluate the Platform, the security of the Platform, compliance with the T&C, or for any other reason. You agree that our monitoring activities will not entitle You to any cause of action or other right with respect to the way We monitor the usage of the Platform and enforce, or fail to enforce, the T&C. You further agree that in no event will Tix be liable for any damages incurred by You because of our usage monitoring.

Copyright, Trademark, and other Intellectual Property Rights

You acknowledge that the Platform is protected by applicable copyrights, trademarks, trade secrets, patents, proprietary rights, and other intellectual property laws, and that these rights are valid and protected in all forms, media, and technologies existing now or developed in the future. Accordingly, You may not copy, distribute or modify the Platform, including any text, graphics, user interface design or logos obtained from the Platform, except as explicitly authorized by Us in writing. In addition, You must not use any part of the content on the Platform for commercial purposes without obtaining a licence to do so from us. Where authorisation or licence is granted, our status as the authors of content on the Platform must always be acknowledged.

Connectivity

You agree that You are responsible for the means You use to access the Platform and understand that your hardware, software, the Internet, your telecommunications service provider, and other third parties involved in connecting You to the Platform may not perform as intended or desired. We will not be liable for any loss caused by a virus, malware or other technologically harmful material that may infect your hardware, computer programs or other proprietary material due to your use of the Platform or to you downloading any content on it.

Indemnification

You agree that the Platform is not a secure method of transmitting information, and that the risk of any loss of information or interception of information by any third party will be borne by You and that Tix shall not be liable for same. Tix shall not be liable for any damages or injuries arising out of or in connection with the use of the Platform or its non-use including non-availability or failure of performance, loss or corruption of data, loss of or damage to property (including profit and goodwill), work stoppage, or interruption of business, error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure or for any failure to act upon instructions. You will at all times indemnify Tix, along with their directors, partners, officers, employees, successors and assigns from and against all actions, proceedings, claims and demands whatsoever for or on account of or in relation to any use of the Platform and from and against all damages, costs, charges and expenses in respect thereof.

Availability of the Platform and Services

12.1 While We have put resources into building and testing the Platform, glitches, slowdowns, and crashes may occur. We will also need to periodically restrict access to some parts of the Platform to perform routine maintenance. We will try to schedule maintenance during the middle of the night. While it is our intention that the Platform will be available seven days a week except when maintenance is scheduled (usually for weekends or any other day in the case of an emergency), You understand that We do not guarantee that You will always be able to access the Platform. 12.2 We are constantly improving the Services We provide on the Platform and reserve the right to modify or change any of our Services, temporarily or permanently with or without prior notice to You.

Termination and Withdrawal

13.1 Termination

13.1.1 You acknowledge and agree that We may restrict, suspend, or terminate the T&C or your access to, and use, of all or any part of the Platform, at any time, with or without cause, including but not limited to any breach of the T&C without prior notice to You.

13.1.2 We will fully cooperate with any law enforcement authorities or court order requesting or directing Us to disclose the identity of anyone posting, publishing, or otherwise making available any User information, emails, or other materials that are believed to violate the T&C.

13.1.3 Any suspension, termination, or cancellation of the Platform shall not affect your obligations to Us under these the T&C (including but not limited to ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.

13.2 Withdrawal

13.2.1 You have a right to withdraw from the Platform at any time.

13.2.2 You agree that You shall give Tix [5 (five) days’] notice of your intended withdrawal from the Platform.

Representation and Warranties

You hereby represent and warrant that:

14.1 You have read and understood the T&C;

14.2 You are at least 18 (eighteen) years of age;

14.3 Your Personal Information and any other information given to Us is true, accurate, authentic, current and complete;

14.4 You grant to Us the right to use your Personal Information in accordance with the T&C;

14.5 You agree to comply with and be bound by the T&C governing your use of the Platform and You affirm that the T&C are without prejudice to any other right that We may have with respect to your use of the Platform under the laws of Federal Republic of Nigeria or otherwise;

14.6 You shall not assign or transfer your rights under the T&C to anyone else, without our approval in writing;

14.7 your acceptance and use of the Platform does not violate any applicable law in Nigeria or any contract or obligation to which You are a party or are otherwise bound; and

14.8 that if You are accepting the T&C on behalf of a company, organisation, or other legal entity, that You have their consent or authorisation to do so.

Limitation of Liability

WE ARE NOT A PARTY TO ANY TRANSACTIONS, OTHER RELATIONSHIPS, OR DISPUTES BETWEEN YOU AND EVENT ATTENDEES. FURTHERMORE, WE DO NOT PRE-SCREEN EVENT ATTENDEES AND ARE NOT RESPONSIBLE FOR ANY FRAUDULENT TRANSACTIONS BY EVENT ATTENDEES. WE EXCLUDE ANY AND ALL LIABILITY ARISING OUT OF ANY ACTIONS THAT WE MAY TAKE IN RESPONSE TO BREACHES OF OUR SERVICES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH YOUR USE OF THE PLATFORM IS TO STOP USING THE PLATFORM. YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL FESTIVAL COINS LIMITED BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM, INCLUDING BUT NOT LIMITED TO: LOSS OF ANTICIPATED PROFITS, SALES, BUSINESS, BUSINESS OPPORTUNITY, SAVINGS, REVENUE, GOODWILL, REPUTATION OR DATA; ANY FAILURE OF PERFORMANCE, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DEFECT, OPERATOR ERRORS, INCONVENIENCE OR DELAY IN OPERATION OR TRANSMISSION; BUSINESS INTERRUPTION; FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE AND THE INTERNET); SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACT OF GOD); FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOUR DISPUTE AND OTHER LABOUR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT; OR ANY THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OR USE OF YOUR INFORMATION, EQUIPMENT OR PROPERTY.

Disclaimer of Warranties

YOU ACKNOWLEDGE AND AGREE THAT THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NONE OF THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS OF TIX GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE PLATFORM. WE DO NOT WARRANT THAT THE PLATFORM WILL MEET YOUR NEEDS OR EXPECTATIONS, OR BE UNINTERRUPTED, SECURE OR ERROR FREE. WE HAVE NO RESPONSIBILITY FOR ANY DAMAGE THAT MAY BE CAUSED TO YOU AS A RESULT OF USING THE PLATFORM.

Third Party Service Provider(s)

In order for You to conveniently use the Platform, We may utilise the service of third-party service provider(s). Please be aware that Tix is neither responsible for the services provided by third party service providers nor are We responsible for the privacy policy or practices of third-party service provider(s). PLEASE NOTE that where You do not accept the terms and conditions of a third-party service provider(s), DO NOT ACCEPT the T&C. We will ensure that any change, variation, or amendments to the terms and conditions of a third-party service provider(s) is promptly communicated to You.

Third Party Service Provider(s) Disclaimer

You agree that the T&C governs only the Platform provided by Tix and not any service(s) provided by third party service provider(s). You agree that Tix decision to use the service of third-party service provider(s) is not an endorsement of the content or services provided by third party service provider(s). By using the Platform, You agree to use the services of third-party service provider(s) at your own risk. You agree that We do not control third-party service provider(s) and that there is no agency relationship between Us and third-party service provider(s). We expressly disclaim any responsibility for any service or information provided by third-party service provider(s), and You agree to hold Us free from any liability that may arise from service(s) provided by third-party service provider(s). Tix does not guarantee the accuracy, reliability, completeness, or usefulness of any service(s) provided by third-party service provider(s). We do not guarantee that the services provided by third-party service provider(s) will be secured, uninterrupted or free from errors. We have no responsibility for any damage that may be caused to You because of using the services of third-party service provider(s). You agree that any claim, controversy, complaint, or dispute arising out of or in connection with the service(s) of a third-party service provider shall be resolved in accordance with the terms and conditions of such third-party service provider.

Governing Law and Dispute Resolution

19.1 The T&C shall be governed by and construed in accordance with the Laws of the Federal Republic of Nigeria.

19.2 You agree that any claim, controversy, complaint, or dispute arising out of or in connection with your use of the Platform (‘Dispute’) shall be resolved by mutual consultation between You and Tix only. It is agreed that any Dispute which cannot be mutually resolved by the Parties within 30 (thirty) days of parties taking steps to resolve the Dispute shall be resolved by arbitration in accordance with the Arbitration and Conciliation Act Cap A18 Laws of the Federation of Nigeria 2004. The parties shall jointly appoint a sole arbitrator. Where the parties are unable to agree on the choice of an arbitrator within 14 (fourteen) days from when the party giving notice has requested that the matter be referred to arbitration, any party may apply to the Chairman of the Chartered Institute of Arbitrators, UK (Nigeria Branch) to appoint an arbitrator. The place of arbitration shall be Lagos State, Nigeria and the proceedings shall be in English Language. The resulting arbitral award shall be final and binding and judgment upon such award may be entered in any court having jurisdiction thereof. Notwithstanding the above, You hereby agree that Tix reserves the exclusive right, at its option, to institute legal proceedings regarding any Dispute in any Nigerian court of law.

Severability and Miscellaneous Provisions

20.1 If any provision of the T&C is deemed unlawful, void, or for any reason unenforceable, the remaining provisions shall be fully enforced, and the remaining provisions shall remain in full force and effect. The failure of a party to enforce any right or provision of the T&C will not be deemed a waiver of such right or provision.

20.2 You shall comply with all laws, rules and regulations of any governmental authority or agency which govern or apply to the operation and use of the Platform.

20.3 Tix may assign its rights and obligations under the T&C or any rights hereunder without your consent. The relationship of the parties under the T&C is that of independent contractors, and the T&C will not be construed to imply that either party is the agent, employee, or joint venture of the other.

AGREE