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Term of Services

Last update: May 22nd, 2018

Please read these Terms of Service (or Terms) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using Xceed's Services, you agree to comply with and be bound by these Terms, as applicable to you.


Xceed S.r.l, is a company registered in Italy, VAT No. #03373311202, with registered office in Via Felice Casati 1/A, Milano (MI), 20124, Italy; hereinafter "our entity", "we", "us", "our" "Xceed" and with e-mail "info@xceed.me".


• Xceed is an on-line purchase service, available 24 hours a day, where you can conveniently purchase tickets for all kinds of shows and events online from your computer or device. Through its website and App, Xceed offers you a service for the sale of tickets, making it easier for the public and users to purchase tickets, managing their distribution on behalf of the Organiser. • Xceed aims to provide promoters and the general public with a channel for acquiring these Tickets, at no time does it act as a promoter of the event or show. • The ticket sales service is for a fee, and the user has access to all the information relating to the price of each ticket at all times on the website. • The information service offered through the website is free of charge.


• This legal notice regulates: - The operation, use and access of this website and app. - The conditions of purchase that can be carried out. • We refer to as "Promoter", "Organiser" or "Promoters" persons who organise or hold the show and/or who provide us with Tickets and/or associated products or services to sell them to you. • The user, client or purchaser, as well as the Organiser if applicable, recognise that they have the capacity to contract the service, as well as having read and understood the present conditions of this website, as well as the acceptance of the same. • Access and/or use implies acceptance by the User of all the general conditions published at the time of said access or use. • These General Conditions include - Conditions for the purchase of Tickets. - Conditions of Use of the website. • The use of the Web attributes the condition of user and implies the acceptance of the dispositions included in these Conditions of Purchase and Conditions of Use in the version published by Xceed at the same moment in which the user accesses the web.


• Our aim is to make your shopping experience easy, quick and fair, so that we can get you on your way to live shows as quickly as possible. These Terms and Conditions are designed to ensure that the process of accessing and purchasing from https://xceed.me is satisfactory and understandable to you. • This document will always be available in English and Spanish at https://xceed.me/tos for your consultation, archiving or printing. • The user declares that he/she has the necessary legal capacity to act and contract on the website in accordance with the conditions below, which he/she declares to understand and accept. • In accordance with article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, we provide you with the following information.


• For all matters relating to the management of personal data of the user, please visit our Privacy Policy. • We sell Tickets and associated products and/or services on behalf of promoters, producers, teams, artists and venues. • We sell Tickets at the time and to the extent assigned to us by the Promoters. The quantity of Tickets made available for sale varies from show to show. Tickets are usually sold through a variety of distribution points, including telematic channels, call centres and, in some cases, box offices. • All distribution points access the same inventory and ticketing system and, as a result, Tickets for popular events may sell out quickly. Occasionally, additional Tickets may be made available prior to the show, but Xceed has no control over this inventory or availability. • To purchase a ticket from us you must be at least 18 years of age and have a valid credit/debit card issued in your name. The user declares that he/she is of legal age (over 18 years old) and has the necessary legal capacity to contract the services offered by the suppliers on the website, in accordance with the conditions below, which he/she declares to understand and accept. • In the case of contracting by minors, the authorisation of their parents or guardians is required in order to be able to enjoy the contracted service. • The user is solely responsible for the truthfulness and accuracy of the data provided to Xceed in the booking process. • Our General Conditions do not apply to any purchase made through the websites of the promoters or third parties. If you have any questions or complaints arising from your purchase of Tickets through the promoters or third parties, you should contact the promoter or third party directly.


• Your ticket purchase contract starts when we confirm your purchase and ends when the show for which you have purchased the Ticket(s) ends. • All purchases are subject to payment card verification and other security checks and your transaction may be cancelled if it fails our verification process. • You agree not to obtain or attempt to obtain any Tickets through the unauthorised use of any robot or other automated device or any other illegal or unauthorised activity. • Xceed reserves the right to void any transaction that we reasonably suspect has been made in breach of these provisions, without prior notice to you, and any and all Items purchased through such transaction shall be void. • The Organiser reserves the right to void any transaction it deems appropriate. Such cancellation shall not be the responsibility of Xceed, which in this case guarantees a full refund of the amount paid. • Xceed reserves the right to cancel and refund the full amount of bookings that we reasonably suspect have been made fraudulently or with the goal of reselling or are against a fair usage of the service.

7. VIA

• In order to make the purchase of your tickets as easy as possible, we offer you different options: - Online through our website. - By mobile phone through the App. • Buying your tickets through our website or App will help you to gain a faster access to shows, as well as check your purchase history at any time and download the tickets to your mobile device.


• We accept the following cards for any purchase: Visa, Mastercard and American Express regardless of the bank and the type of payment: credit/debit. Depending on a number of factors, Bancontact, PayPal and MB Way might also be accepted. • The ticket sales system uses a secure server and the latest encryption technology. • Xceed uses Adyen Global Acquiring as payment processing.


• If you are registered, you can make sure that the purchase has been successfully completed by accessing the "Bookings" section. • If your purchase has been successfully completed, you will receive a confirmation email with detailed information about the purchase you have just made. • This email may not arrive in your "Inbox" as some internet services detect it as spam. We recommend that you always check the "Junk mail" section.


Your purchases from us may incur handling charges per Entry and non-refundable delivery charges per order, but all will be specified before the checkout process is initiated.


• Users or organisers may not copy, reproduce, publish, download, upload, broadcast, transmit, make available to the public, or use the content of this website in any way without the express consent of Xceed. • You agree not to adapt, modify or create a derivative work from any content on this website except for your personal, non-commercial use. • Any other use of the content of this site requires the prior written permission of Xceed. • The names, images and logos identifying Xceed shall be subject to copyright, design and trademark rights. • Xceed is the owner of all the industrial and intellectual property rights of the Website, either individually or as an assignee, as well as the elements contained therein (including but not limited to images, sound, audio, video, software or text; trademarks or logos, colour combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.), and none of the exploitation rights over them beyond what is strictly necessary for the correct use of this website may be understood to have been granted to the user or Organiser. • Any claims that may be lodged by users or organisers in relation to possible breaches of industrial or intellectual property rights over any of the contents of this website should be sent to the e-mail address specified in the contact details.


• Xceed only provides the services of promotion of shows and ticket distribution, in no case assume the obligations and responsibilities that fall to the Organiser of the show. • Likewise, Xceed does not participate in any organisational aspect of the shows offered for sale. Likewise, the content, services and products that appear in advertising and promotional activities on our website are the sole and exclusive responsibility of the organisers. • The user is responsible for providing their details correctly in the purchasing processes established on the Xceed website, paying special attention to the introduction of bank and personal details.


• Any Ticket you purchase remains the property of the Organiser and is a revocable personal licence which may be withdrawn and admission refused at any time. • It is your responsibility to check your tickets; errors cannot always be rectified, although we will inform you of the technical means we make available to you to identify and correct input errors before you start the booking procedure. • You are entitled exclusively to a seat of a value that corresponds to the one indicated on your ticket. • The responsibility for the visibility conditions where the event or show takes place, its acoustic quality, the comfort of the venue, accessibility, etc., lies with the promoter.


If you have purchased a ticket, you will not be entitled to cancel your purchase except in the cases stipulated in the Section on Suspensions, Cancellations and Substantial Changes.


• When purchasing Tickets from us, the number of Tickets you can buy from us will be limited to a specific number for each show. This number is included on the first page of the purchase and is verified on each transaction. This policy is in place to prevent unfair practices in the purchase of Tickets. Tickets may be limited to a maximum number per person, per credit card. We reserve the right to cancel Tickets purchased in excess of this number without notice. • Tickets may be sold with certain limitations on access or use, such as limited, obstructed or side view, or minimum age of access. Where this is the case, such limitations will be posted on our website or otherwise communicated to you prior to or at the time of booking Tickets. It is your responsibility to ensure that you read all communications posted on our site. • You may not resell or assign your Tickets where prohibited by law. • You may not combine a Ticket with any benefits, travel or accommodation services and/or any other promotional items, products or services to create a package unless you have obtained our and the Promoter's written and binding authorisation. • An entry may not be used for advertising, promotions, contests or sweepstakes unless you have obtained the Promoter's prior written consent. However, in the event that such consent is obtained, the use of our trademarks and other intellectual property must be with our prior consent.


A) Cancellations and suspensions In the event of a cancellation or change of date of a show, we will use all reasonable means within our power to notify you of the cancellation as soon as we receive the relevant authorisation from the Promoter. Xceed, in the event of any change to an event or show, undertakes to: - Publish it on its website as soon as it becomes aware of it, in order to keep users duly informed. - Send a message to the email address indicated by the user at the time of purchase informing of such changes. - Xceed will inform the user about the procedure for refunding the amount. B) Substantial changes • You should be aware that the advertised start times of the shows are subject to change. • Tickets are sold without prejudice to the Promoter's right to modify or vary the programme due to events or circumstances beyond its reasonable control, without being obliged to refund amounts or change Tickets, unless such a change involves a substantial alteration, in which case the provisions of the Refunds section will apply. C) Refunds In the event of one or more events giving rise to a refund in favour of the purchaser, the Organiser shall be fully and solely responsible for refunds, including administration costs, to purchasers under the conditions and by the means established for each case.


• Once the ticket has been purchased, it will not be exchanged or refunded, except for reasons provided for in current legislation. • The impossibility of attending an event or show or the commission of an error when purchasing the ticket(s) are not grounds for a refund. The user may not exercise the right of withdrawal or termination, in accordance with current consumer and retail trade regulations. • Occasionally, shows are cancelled, suspended, rescheduled or substantially altered by the team, the artist or the Organiser for a wide variety of reasons. • If a show is cancelled and not rescheduled, you will be offered a refund of the sale price of your ticket(s), including the corresponding handling fee per ticket. • If a show is held over several days and one or more days are cancelled but not all of the days that make up the show, a partial refund may be made for the cancelled day(s) only. • Unless otherwise stated in relation to a particular show, if the date of the show is changed, you will be offered seats (subject to availability) at a value corresponding to your original Tickets. If you are unable to attend the show on the new date, you will be offered a refund of the sale price of your ticket(s), including the corresponding handling fee per ticket. You must inform us if you are unable to attend the show on the new date by the deadline we set, otherwise we will be able to confirm your booking for the new date and you will not be entitled to a refund. • Xceed, as the distributor, can only and exclusively proceed to the cancellation of the Tickets and, therefore, to the refund of their amount when it receives an express order from the promoter of the event and/or show. • If a show is substantially altered, you may choose to confirm your order for the altered show or request a refund (of the sale price of your ticket(s)). A "material alteration" is a change that causes the Performance to differ materially from the Performance that Ticket purchasers could reasonably expect. The use of understudies in theatrical performances and/or any changes to: (i) any opening act; (ii) the members of a band; and/or (iii) the line-up or formation of any show involving multiple performers (such as a festival) shall not be considered a material alteration. • In the event of one or more events giving rise to a refund in favour of the purchaser, the Organiser shall be fully and solely responsible for refunds, including handling fees, to purchasers under the conditions and by the means set out in each case. • Refunds may be made through the Xceed platform, which will be decided and notified to the buyer on a case-by-case basis.


• The Venue reserves the right to refuse admission in the event of non-compliance by customers with any of the terms and conditions of the show, the Promoter or for security reasons. • In such cases customers will not be entitled to a refund. • The Venue will from time to time be obliged to make security related enquiries in order to ensure the safety of customers. • The Ticket(s) are issued in accordance with the rules and regulations of the Venue and the Event Promoter. • Full details will be available at the Venue Box Office. • Violation of any such rules and regulations, or any other act which may cause damage, injury or grievance, shall entitle the Venue or the Event Promoter to expel the User from the Venue. • In any event, Xceed recommends and refers the purchaser to the rules and regulations laid down, in each case and for each event, by the Promoter of the particular event or show at any given time. • Every effort will be made to allow access during show breaks for late arrivals, but admission cannot always be guaranteed. • Unauthorised use of photographic and recording equipment is prohibited. Photos, videos and/or recordings may be destroyed or deleted. Laser pens, mobile phones, dogs (except guide dogs) and the client's own food and drink may also be prohibited (please check with the venue). • You and all other Ticket holders consent to the recording of images and sound as part of the viewing public. • Prolonged exposure to noise may cause hearing loss. • A show may include special effects including, but not limited to, sound, audio-visual, pyrotechnical or lighting effects.


• If you have any questions or complaints regarding your purchase, please contact us, quoting your order number which will have been provided to you at the end of the order process, at the email address support@xceed.me. • As we sell Goods on behalf of the Promoters, we may need to contact the Promoters for further information before responding to your complaint. Some complaints may take up to 28 days to resolve, but we will get back to you as soon as possible. • In the event of any dispute, we will endeavour to consult diligently or negotiate in good faith, and will try to reach a settlement agreement that is fair and equitable to you, us and the Organiser. • In any event, you can also go to the European Union Online Shopping Dispute Resolution Platform to resolve any complaints you may have about your purchase at the following link https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES.


• These General Terms and Conditions together, where applicable, with any special conditions that may be established, expressly regulate the relations arising between Xceed and third parties contracting through the https://xceed.me portal. • All these terms and conditions are governed by European law and any dispute arising from any transaction with Xceed shall be subject to the exclusive jurisdiction of the Italian courts. • These General Terms and Conditions have been drawn up in accordance with the provisions of European and Italian legislation on information society services and electronic commerce, General Terms and Conditions of Contract, Consumers and Users and other complementary laws, as well as any other legal provisions that may be applicable. • If any clause included in these general conditions is declared, totally or partially, null or ineffective, such nullity or ineffectiveness shall only affect that provision or the part of the same that is null or ineffective, and the general conditions shall remain in force in all other respects, with such provision, or the part of the same that is affected, being deemed not to have been included.