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TERMS AND CONDITIONS, AND PROVISIONS OF RENDERING THE SERVICESset out in the form ofPUBLIC (OFFER) CONTRACT(hereinafter referred to as the Contract and/or Offer)

For a full and comprehensive understanding of the parties, the following terms used below have the following meaning:

Terms and conditions, and provisions of rendering the services set out in the form of the public (offer)contract
means the Contractor's offer to conclude a service agreement with the Customer on the following terms and conditions;
Contractor
means Tixgigs as a service provider under this Contract;
Customer
means a natural legally capable person of majority age who accepts this Contract and in whose favor, under the terms and conditions established by this Offer, the services are provided for the selection, purchase and transfer of tickets to the Customer (in the selected number) to attend events;
Acceptance
means full and unconditional acceptance of the Offer by the Customer to conclude this Contract on certain terms and conditions;
Service Selection
means the purchase and transfer of tickets (in the selected number) to attend the event in the interests and in favor of the Customer;
Event
means a spectacular, sports or cultural event, including but not exclusively: concert (regardless of the venue), theatrical or circus performance, exhibition, screening of short, full-length, animated films, festival, show, fashion shows, sports games and competitions, excursions, etc., and attendance of which is carried out upon presentation of a specially established document (hereinafter referred to as the Ticket);
Ticket
means a document specially established by the event organizers confirming the right to attend the event;
Ticket Type
means ticket in the form of a document:
  • printed paper;
  • electronic, in a format for self-printing by the Customer;
  • electronic, for scanning on the gadget when accessing the event;
  • link in the mobile app installed by the event organizer;
  • QR-CODE;
  • in any other way established by the event organizer.
Ticket Price
means the nominal price of attending the event to be set by the event organizers;
Cost of Administrative Services
means funds paid by the Customer when receiving the services on the website, for providing the Customer with auxiliary services related to booking, transactions, call center services, acquiring, sending a ticket to e-mail, etc. The cost of administrative services is the property of the Contractor and is not subject to refund in case of postponement or change of the event;
Cost of Bank (Payment) Commission
means a fee that financial institutions (banks, payment systems, etc.) charge to their customers (payers and/or users of the bank and/or payment system) for providing products and services of any nature, such as money transfers, acquiring, conversion percentage, etc.

Cost of the Bank (Payment) Commission is not included in the cost of services;

Cost of Services
consists of the ticket price and the cost of administrative services.
Service Fee
means funds that are deducted from the customer when selling an event ticket in his/her favor, and are not subject to refund in case of cancellation, postponement or change of the event. The amount of the service fee for each ticket shall be determined by the payment system when purchasing the ticket and does not depend on the Contractor. The cost of the service fee is non-refundable in case of cancellation, postponement or change of the event;
Event Organizers
means a legal entity, individual entrepreneur, or individual who organizes the event and is responsible for holding it;
Customer Account
means an account on the site containing the data provided for in clause 2.2. of this Offer if it is created by the Customer;
Website
means internet site tixgigs.com used as a service by which the Contractor provides the service to the Customer;
Party to the Contract
means a separate generalized mention in the text of the Contractor or Customer without using personalization;
Parties to the Contract
means joint mention of the Contractor and the Customer.

1. GENERAL PROVISIONS

1.1. This Contract, in accordance with Article 633 and Article 641 of the Civil Code of Ukraine, is a public (offer) contract, an official and public offer of the Contractor addressed to an indefinite circle of individuals, to conclude an agreement on the provision of services presented on the website.

1.2. In accordance with part 2 of Article 642 of the Civil Code of Ukraine, full and unconditional acceptance of the offer to conclude this Contract (accept), confirming the conclusion of the Contract on the terms and conditions stipulated herein, shall be the fact of payment for the Contractor’s services.

The Customer’s acceptance of this Contract means that the Customer understands all the terms and conditions of rendering the services and the terms of the Offer, the Customer has exercised the right to receive any explanations from the Contractor regarding the terms and conditions of rendering the services under this Offer, and also confirms that the terms and conditions of rendering the services and the proposed opportunities meet the will, needs and requirements of the Customer and do not contain clearly burdensome conditions for the Customer, and certain services are not imposed on the Customer.

The acceptance of this Contract is equivalent to the conclusion of a bilateral written agreement by the Parties on the terms and conditions set out below.

If no other written agreement or contract has been concluded with the Customer, the contract with the Contractor will always include at least the terms and conditions set out in this Contract.

1.3. The Contractor, unilaterally, has the right to amend the terms and conditions of this Contract at any time. The amended Contract becomes valid by posting it on the website from the moment of such posting. The Customer’s use of the website, after the Contractor posts a new version and orders the service, means that the Customer accepts the new version of the Contract.

1.4. The date of conclusion of this Contract shall be the day when the Customer performs at least one of the following actions:

  • payment for the Contractor’s services in the manner specified in this Contract and/or the terms set out on the website and/or
  • registration of the Customer’s account on the website.

1.5. By entering into this Contract, the Customer confirms that he/she has reached the age of 18 and has full legal capacity. It is allowed to conclude the Contract by a legal representative in the interests of a minor (one of the parents or guardian) and/or in the interests of third parties.

1.6. To order the service, the Customer shall read and accept the terms and conditions of this Offer. By ordering the service on the website, the Customer confirms that the/she has reached the age of 18 and have full legal capacity.

1.7. At the request of the Customer, the Customer may register the Customer’s account. By registering an account, the Customer confirms that the Customer has reached the age of 18 and has full legal capacity. Registration of the Customer’s account by a legal representative in the interests of a minor (one of the parents or guardian) and/or in the interests of third parties is allowed. When creating an account, the Customer shall provide complete and accurate information, including, but not limited to, the information provided for in clause 2.2.of this Offer. The Customer understands that if the registration or payment information changes, he/she will be required to update the account data.

Registration of an account by the Customer shall be a confirmation of acceptance of this Offer. The Contractor reserves the right to temporarily or completely suspend the operation of accounts.

2. SUBJECT MATTER OF THE CONTRACT

2.1. The subject matter of this Contract shall be the Contractor’s provision of the services related to selecting, purchasing from the event organizers and transferring to the Customer the tickets (in the selected quantity) to attend the event (hereinafter referred to as the Service).

2.2. In accordance with the provisions of the Law of Ukraine “On Personal Data Protection” No. 2297-VI dated June 01, 2010 (as amended), the Customer shall provide the Contractor with the personal data and personal data of persons in favor of whom the order of services is made, namely: last name, first name, gender, date of birth, contact phone number, email address, payment information. Processing and storage of the personal data shall be carried out in accordance with the legislation of Ukraine.

The Customer grants the Contractor the right to process his/her personal data and personal data of persons in favor of whom the order of services is made in connection with rendering the services provided for in this Contract, including for the purpose of receiving advertising messages from the Contractor about future events in respect of which the services are provided on the website.

Due to the fact that the processing of personal data of the Customer and personal data of persons in favor of whom the order of services is made is carried out in accordance with the performance of this Contract, concluded on the terms defined in it, acceptance of this Offer is the provision of the Customer’s consent to the processing and storage of his/her personal data by the Contractor. The term of use of the provided personal data is indefinite.

The Customer gives the Contractor the right to send him/her advertising messages and mailings via SMS, e-mail and/or Messenger.

2.3. The Parties have agreed that the result of providing the services under this Contract is sending the Customer the tickets in the selected quantity for the selected event in the form according to the type of ticket provided by the event organizer and/or in the way specified/selected on the website when ordering the service. The terms of sending the ticket may be negotiated by the Parties additionally.

The service shall be provided within 21 calendar days, but no later than one day before the event.

The conditions for sending the ticket may be changed due to changes in the conditions regulated by the event organizers and do not depend on the will of the Contractor. Such a change shall be reported to the Customer at least one day before the event starts.

2.4. The venue plan is schematically created to display the location of sections. The name of the section (grandstand, etc.) on the diagram when placing an order and the name of the section on the received ticket may differ. In this case, the location of the received seats will be saved in relation to the stage.

The Contractor may replace the selected section by the Customer with a new one without warning, if it is located closer to the stage. In this case, the replacement shall be deemed to be an alternative or improved one, and the tickets shall be delivered to the replaced section. No additional funds are charged.

3. COST OF SERVICES AND PROCEDURE FOR PAYMENT AND REFUND

3.1. The cost of the services shall be set by the Contractor unilaterally.

3.2. For countries within the European Economic Area, payment and refund policies are governed by UK law.

3.3. The service fees may vary depending on the type of event, ticket type, and seat. We may set a service fee at our own and absolute discretion.

3.4. The Customer has the right to pay for the services using any of the methods offered by the Contractor on the website. The payment shall be deemed to have been made by the Customer at the time of crediting funds to the Contractor’s account.

3.5. The Contractor does not refund the cost of courier delivery of a paper printed ticket to the Customer’s address.

3.6. The Customer confirms and agrees that the procedure and grounds for returning the ticket price are known and clear to him/her.

4. LIABILITY OF THE PARTIES AND DISPUTE RESOLUTION

4.1. The Customer shall be held liable for full familiarization with this Offer before committing to perform the service on the website. By placing an order, the Customer enters into a legally binding contract with the Contractor for the provision of services. Additional conditions provided by the Contractor may apply. Service orders shall be final. You may not change or cancel your order after making a payment.

4.2. All disputes and differences that have arisen between the Parties in the performance of this Contract shall, if possible, be resolved through negotiations and in compliance with the claim procedure, the deadline for submitting a written claim within five working days from the date of occurrence of the subject matter of the dispute to the email address support@tixgigs.com.

4.3. If it is impossible to reach an agreement, disputes are subject to judicial review in accordance with the procedural law of Ukraine in the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry in Kyiv.

4.4. For all other issues not provided for in this Offer, the Parties shall be guided by the legislation of Ukraine.

4.5. If the Parties cannot come to an agreement, this discrepancy shall be resolved by the Arbitration Court. A decision of the Arbitration Court shall be final and binding on all Parties, but can be replaced by friendly agreement of the parties.

4.6. In case of non-fulfillment or improper fulfillment of their obligations under this Offer, the Parties shall be held liable in accordance with the legislation of Ukraine and the terms and conditions of this Contract, while the Contractor’s liability is limited to the accuracy of the specified details of the ticket purchased on behalf of the Customer, which clearly describe and confirm the right to attend the event.

5. CONFIDENTIALITY. FEEDBACK. PROTECTION OF INTELLECTUAL PROPERTY RIGHTS

5.1. By accepting this Contract, the Customer gives its unconditional consent (regardless of the place of residence and/or stay) that the Contractor may, without additional notice or warning and at its sole discretion, track or record telephone conversations that the Customer or an authorized person conducts with the Contractor for quality control and training or for its own legal protection. Not all phone lines or calls may be recorded by us, so we do not guarantee that recordings of any specific calls will be saved or restored.

5.2. The Contractor respects the intellectual property rights and responds to reports of alleged violations. If you find materials on the website that you believe violate your copyright or other intellectual property rights, please let us know by email support@tixgigs.com, and we will conduct an appropriate investigation.

6. TERM OF THE AGREEMENT AND PROCEDURE FOR ITS TERMINATION

6.1. The Contract comes into force from the moment of its acceptance by the Customer and is valid for the duration of the service provision.

6.2. This Contract may be terminated prematurely by agreement of the Parties.

6.3. The Contractor has the right to unilaterally change or terminate temporarily or permanently this Contract and the operation of the website, services or any part of the website or services at any time, with or without prior notice for any reason. We carry out regular maintenance. Although we do our best not to affect the work of our customers, the website or our services may be temporarily unavailable during maintenance.

7. FINAL PROVISIONS

7.1. This Contract is an agreement of accession within the meaning of Article 634 of the Civil Code of Ukraine. This version of the Offer comes into force from the date of its posting on the website and is valid indefinitely. The Contractor has the right to change the terms and conditions of this Offer at any time. All appendices, changes, and additions set out on the website form an integral part of this Contract.

7.2. The Contractor may involve third parties in the performance of its obligations under this Contract.

7.3. The Customer gives his/her consent to the processing of his/her personal data and personal data of persons in whose favor the services are ordered (including: collection, storage, systematization, modification, deletion, use, distribution, depersonalization, blocking), and also gives the right to include his/her personal data in the Customer database by entering into this Contract.

7.4. The Parties have agreed to use the material and procedural legislation of Ukraine in their relations.