Terms of Service

Last Updated: May 23, 2018

Please read these terms of service (“Terms” or “Terms of Service”) carefully before using the https://xorbia.com website, application integration platform, and related services (“Service”) provided by Xorbia Technologies Inc. (“Xorbia Tickets,” “we”, “us”, or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you do not agree with the Terms in whole or any part, you may not use the Service. Your usage of the Service assumes at you fully understand and agree to the Terms.

Accounts

In order to access and use the Service, you are required to open an account (“User Account”) by registering with Xorbia Tickets. When you create a User Account with us, you guarantee that you are above the age of 18, and that the information you provide us is true, accurate, complete, and current and you agree to update such information to ensure that is current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

Upon proper registration and opening of a User Account, and subject to the terms and conditions of these Terms, Xorbia Tickets grants you a personal, non-transferable right and license to use the Service until such time as either you or we elect to terminate the Service in accordance with these Terms.

You are responsible for maintaining the confidentiality of your User Account and password, including but not limited to the restriction of access to your computer and/or User Account. You agree to accept responsibility for any and all activities or actions that occur under your User Account and/or password, whether your password is for our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your User Account.

You are responsible for and retain ownership of any data, information, or material originated or transmitted by you through the Service (“User Data”) such as User Data from your accounts with third party services that passes through the Service. You are solely responsible for the accuracy, quality, content and legality of User Data, the means by which User Data is acquired, and the transmission of User Data outside of the Service. You represent and warrant that you have all rights necessary to transmit User Data through the Service and to otherwise have User Data used as part of the Service. You represent and warrant that your use of the Services is compliant with all applicable law.

Fee Changes

Xorbia Tickets reserves the right to, in its sole discretion and at any time, change the payment terms and fees.

We may provide you with reasonable prior notice of any change in fees to give you an opportunity to terminate your account before such change becomes effective.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms.

If you wish to terminate your account, you may do so by contacting customer service at support@xorbiatickets.com.

Once your User Account is terminated, we may permanently delete your User Account and any or all User Data associated with it. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Xorbia Tickets and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

Limitation Of Liability

In no event shall Xorbia Tickets, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to, or use of, or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, any loss or damage to data, use or alteration of your transmissions or content, in each case (i)-(iv) whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Warranty Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Xorbia Tickets and its subsidiaries, affiliates, and its licensors expressly disclaim any warranty that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; d) the results of using the Service will not cause any loss or damage to your data; e) your sensitive data will remain secure at all times; or f) the Service meets your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you if applicable law prohibits such limitation.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Delaware, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.

Privacy Policy

You acknowledge that you have read, understand and agree to Xorbia Tickets’ Privacy Policy located at https://xorbia.com/privacy-policy, which is hereby incorporated into and made a part of these Terms of Service by this reference.

Data Processing Agreement

If you are a paying subscriber to the Service, to the extent that we process any Personal Data(as defined in the DPA) contained in User Data that is subject to the GDPR (as defined in the DPA), on your behalf, in the provision of the Service, the terms of the data processing agreement at https://tickets.xorbia.com/dpa/ (“DPA”), which are hereby incorporated by reference, shall apply and the parties agree to comply with such terms. For the purposes of the Standard Contractual Clauses attached to the DPA, when you are the data exporter, your agreeing to these Terms of Service shall be treated as signing of the DPA, including, without limitation, the Standard Contractual Clauses and their Appendices.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Xorbia Tickets.

We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Xorbia Tickets shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Reservation of Rights

Subject to the limited rights expressly granted hereunder, we reserve all of our rights, title and interest in and to the Services and any information obtained by us from publicly available sources or third-parties and made available to you through the Services, including all of our related intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide notice at least 30 days prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us at support@xorbiatickets.com

 

Ticket Purchase

Xorbia Tickets is an Internet-based, print-at-home ticketing service. We are hired by our clients to sell THEIR tickets. If you are not satisfied with any aspect of your event experience BESIDES the purchasing process, then you must speak to a representative of the event venue at the box office before the event has concluded. Policies set forth by our clients do not allow us to exchange or refund tickets once an event has taken place for any reason.

Methods of Payment

Xorbia Tickets accepts Visa, MasterCard, Discover, and American Express credit or debit cards for your purchase. As other methods of payment become available, we will update this policy accordingly.

Refund Policy for Cancelled or Postponed Events

We will issue refunds ONLY if an event is cancelled in its entirety. Sometimes weather or other outside considerations make the performance impossible to complete. In these cases, every effort will be made by Xorbia Tickets to ensure that refunds are made to the consumer. However, the venue and or promoter will make the final determination of refund availability and/or duration.

Pricing and Availability

Throughout the duration an event is on sale on the Xorbia Tickets website, the Xorbia Tickets software will select the best possible seat location at that time, as determined by our clients. Xorbia Tickets does not determine which seats are better than others. The venue where the event takes place decides in which order seats will sell. By utilizing the Internet, all of Xorbia Tickets’s distribution points access the same ticketing system and inventory; therefore, tickets for popular events with a high demand may sell quickly. Occasionally, additional tickets may be available prior to the event or added to an event as it is selling; however, Xorbia Tickets does not control this inventory or its availability.

Convenience Charges

A convenience fee (service charge) is assessed for each ticket purchased for the ease of purchasing tickets remotely (either on a PC or by phone). Xorbia Tickets, being an Internet-based ticketing company, has priced the convenience fee per ticket to be as low as possible so that the consumer does not pay more than is absolutely necessary.

Credit Card Processing

Payment processing occurs directly through XORBIA TICKETS. XORBIA TICKETS will collect all Registration Fees on behalf of the Organizer from Buyers and deduct all applicable Services Fees from the Registration Fees collected by XORBIA TICKETS, and then pass the remainder along to the Organizer within ten (10) business days after the event end date for the event to which the Registration Fees correspond (either by mailing a check or through an electronic funds transfer, depending on the option the Organizer has chosen through using the Site, to the address or account, respectively, that the Organizer accurately designates on the Site), provided that XORBIA TICKETS reserves the right to withhold funds (i) at any time as XORBIA TICKETS determines to be necessary for the processing and settlement of all refunds, disputed charges, chargebacks, customer complaints, allegations of fraud, and other discrepancies and (ii) as otherwise permitted pursuant to this TERMS OF SERVICE. XORBIA TICKETS, in its sole discretion, may determine to advance a portion of Registration Fees to Organizer prior to the period set forth above, on such terms and conditions as XORBIA TICKETS may establish from time to time. Organizer agrees that all Registration Fees for a given event are earned by Organizer only following conclusion of the applicable event and all Registration Fees ultimately due will be net of all Service Fees, refunds, disputed charges, chargebacks and other deductions, whether due to customer complaints, allegations of fraud, discrepancies related to the applicable event or otherwise. No payments shall be made to an Organizer from XORBIA TICKETS with respect to any event that is cancelled. If payments have already been made by XORBIA TICKETS to an Organizer for a cancelled event, such Organizer will immediately refund to XORBIA TICKETS all such payments upon cancellation of such event. All sales, fees, charges, and funds are payable in U.S. Dollars, or other foreign currencies accepted by XORBIA TICKETS.

ORGANIZER AGREES THAT ANY PAYMENT BY XORBIA TICKETS OF Registration FEES PRIOR TO THE TENTH (10TH) BUSINESS DAY AFTER THE END DATE OF THE APPLICABLE EVENT ARE MERELY ADVANCES OF AMOUNTS THAT MAY BECOME DUE TO ORGANIZER UNDER THIS TERMS OF SERVICE AND THAT XORBIA TICKETS MAY DEMAND SUCH ADVANCES BACK (FROM TIME TO TIME IN ITS SOLE DISCRETION), AND ORGANIZER SHALL THEREUPON PROMPTLY (AND IN ANY CASE WITHIN TEN (10) BUSINESS DAYS AFTER SUCH DEMAND) PAY BACK TO XORBIA TICKETS SUCH ADVANCE OR ANY PORTION THEREOF DEMANDED BY XORBIA TICKETS.

Refunds

It is the responsibility of the Organizer to communicate its refund policy to Buyers and to issue refunds to Buyers via XORBIA TICKETS by contacting an account manager who will facilitate this process. An Organizer shall ensure that its refund policy is consistent with the terms of this TERMS OF SERVICE and the payment and refund mechanics of the Site. XORBIA TICKETS permits an Organizer to issue refunds to Buyers, provided the refund is issued by Organizer before four (4) days after the end date of an event and within six (6) months after the transaction date for the underlying ticket purchase. Refunds issued following such period will not be processed, unless otherwise agreed to by XORBIA TICKETS in its sole discretion. Subject to the foregoing, refunds issued by an Organizer will be processed within thirty (30) days after Organizer instructs the issuance of the refunds via the XORBIA TICKETS. All communications or disputes regarding refunds are between the Organizer and Buyer, and XORBIA TICKETS will not be responsible or liable for, and Organizer hereby agrees to fully indemnify XORBIA TICKETS and its affiliates for, refunds, errors in issuing refunds, or lack of refunds. (ii) Notwithstanding the foregoing, you acknowledge and agree that XORBIA TICKETS shall have the right to force a refund of any or all tickets at any time for any reason or no reason, including without limitation if XORBIA TICKETS receives complaints from a substantial number (as determined by XORBIA TICKETS in its sole discretion) of Buyers with respect to the applicable event or another event held by Organizer, or XORBIA TICKETS determines in its sole discretion that Organizer has engaged in any fraudulent activity or made any misrepresentations. Further, if one or more Buyer(s) request a refund, whether due to a cancelled event or for any other reason where XORBIA TICKETS would reasonably expect to lose a chargeback, XORBIA TICKETS may, in its sole discretion, issue such refund to such Buyer(s), and Organizer shall then owe the amount of such refund to XORBIA TICKETS.

Credit Card Chargebacks

Any credit card chargebacks initiated by a Buyer for any reason with respect to an event shall be charged back to the Organizer of such event. All communications and disputes regarding chargebacks are between the Organizer and Buyer, and XORBIA TICKETS will not be responsible or liable in any way for, and Organizer hereby agrees to fully indemnify XORBIA TICKETS and its affiliates for, chargebacks issued.

Non-Exclusive Remedies

Payment
In the event that Organizer fails to pay to XORBIA TICKETS any amount owed pursuant to this TERMS OF SERVICE when due, such amount shall bear interest calculated from the date due until paid in full at a rate equal to the lesser of (a) ten percent (10%) per annum, and (b) the maximum amount permitted by applicable law. In the event any amounts are owed by Organizer to XORBIA TICKETS under this TERMS OF SERVICE or otherwise, XORBIA TICKETS may, without limiting its other rights and solutions, (i) deduct such amounts from Organizer’s outstanding balance, whether for that particular event or for any other event that Organizer lists through the Services; and/or (ii) send an invoice to Organizer for such amounts to the extent Organizer’s outstanding balance is insufficient to cover these costs, in which case Organizer shall pay XORBIA TICKETS such invoiced amounts within thirty (30) days after the date of the invoice. If payment for any amounts due to XORBIA TICKETS hereunder are not made by Organizer when due, XORBIA TICKETS reserves the right, in its sole discretion and without limiting its other rights and remedies, to terminate Organizer’s registration for the Services (including any and all accounts that Organizer may have) and to cancel all other events listed by Organizer.

Confirmation
Upon receipt of a credit card authorization from each individual ticket purchase, XORBIA TICKETS generates a confirmation message and issues a unique confirmation number. You agree to unconditionally accept, honor, and fulfill all ticketing commitments that have been confirmed by XORBIA TICKETS through the Services, and it is your responsibility to verify the Buyer’s membership status, confirmation number and/or any event restrictions prior to the subject event.

Taxes; Withholding
(i) You are solely responsible for determining which, if any, sales, use, amusement, value added, consumption, excise and other taxes, duties, levies and charges (collectively, “Taxes”) apply to your use of the Services and for collecting, remitting and reporting the correct amounts of all such Taxes to the applicable governmental authorities, even if XORBIA TICKETS provides you with tools that assist you in doing so. XORBIA TICKETS does not represent or warrant that any tax tools will meet all tax requirements that may be applicable to you. XORBIA TICKETS cannot give you legal or tax advice, so please be sure to check with your own tax advisor about any applicable Taxes. In the event that a governmental authority requires XORBIA TICKETS to pay any Taxes attributable to your use of the Services, you agree to indemnify and reimburse XORBIA TICKETS for such Taxes and all costs and expenses related thereto.

(ii) All Service Fees charged by XORBIA TICKETS do not include any Taxes except to the extent that a Tax is expressly set forth in the applicable invoice or billing statement, and you agree to pay any Taxes that are imposed and payable on such Service Fees (other than those calculated based on XORBIA TICKETS’S net income) to XORBIA TICKETS.

(iii) In addition, due to new IRS regulations, if XORBIA TICKETS processes transactions and issues you payouts (A) for more than $20,000 in gross sales and (B) for more than 200 order transactions, in each case during a given calendar year and in the aggregate across all of your accounts, XORBIA TICKETS is required to report to the IRS the gross amount of transactions for which you have been paid in that calendar year and in each month of that calendar year, as well as, your name, your address, and your Tax Identification Number (“Your Tax Information”). As part of these new IRS regulations, XORBIA TICKETS is required to either (I) collect Your Tax Information or (II) establish that you are a foreign person not subject to US taxes, before your accounts pass the 200 order transaction threshold in the aggregate. Once your accounts cross the 200 order transaction threshold, you agree that you will not receive any further payments from XORBIA TICKETS until either (I) or (II) above are satisfied. To learn more about these new IRS regulations and why we are required to do this, see:
http://www.irs.gov/uac/Form-1099-K,-Merchant-Card-and-Third-Party-Network-Payments.

(iv) XORBIA TICKETS reserves the right to withhold the payment of any amounts owed to you hereunder if XORBIA TICKETS suspects or determines that such amounts have been generated in (A) a fraudulent manner, (B) violation of this TERMS OF SERVICE, or (C) violation of any applicable laws or regulations (foreign or domestic), or if XORBIA TICKETS is required to do so by applicable laws or regulations (foreign or domestic). Such withholding may be temporary or permanent (as determined by XORBIA TICKETS).

Exchanges

Before purchasing tickets, it is your responsibility to carefully review your seat location, event, and performance date. Policies set forth by our clients prohibit Xorbia Tickets from issuing exchanges or refunds after a ticket has been purchased.
Xorbia Tickets, being a print-at-home, Internet-based ticketing company does allow the consumer to reprint tickets for THE CONSUMER’S USE ONLY. The unique two-dimensional bar code printed on all tickets will allow ONLY ONE ticket, the first ticket, to enter the event. The user agrees not to sell, reproduce for sale, alter, or counterfeit the ticket for any reason, and assumes all financial liability for the copying of his unique, bar-coded ticket.

Delivery of Tickets and Will Call

If you have selected delivery through the mail, please allow at least fourteen days after placing your order for your tickets to arrive. For Fan Club Events, you will recieve your tickets no later than 2 days prior to the show. For express delivery orders, please allow at least two business days for your order to arrive. If you have not received your tickets within forty-eight hours of the event, please contact us at 1-800-793-9040. Xorbia Tickets will only ship tickets via Federal Express or US Postal Service to the billing address of the charge card holder. Occasionally, when Xorbia Tickets receives incorrect billing or credit card account information for a ticket purchase, the processing and delivery may be delayed.
Even though Xorbia Tickets is an Internet-based, print-at-home ticketing system, we do allow for tickets to be delivered through Will Call for some events. Will Call tickets are generally available one hour prior to the start time of the event. You will need to present the credit card used to purchase the tickets and a picture identification to pick up your tickets.

Ticket Limits

When purchasing tickets through Xorbia Tickets, you are limited to a maximum number of tickets for each event per purchase. This ticket limit is identified on the event page and is verified with every transaction. This policy is in effect to discourage unfair ticket buying practices.

Contact Us

If there are any questions regarding the terms of service you may contact us using the information below:

2752 East Ponce De Leon Ave. (Suite I)
Decatur, GA, 30030
support@xorbiatickets.com