TERMS AND CONDITIONS OF SERVICE
Updated version dated July 13th, 2016.
Thanks for choosing Xceed. By signing or otherwise using the Xceed’s Services, Site and Xceed App or accessing any content or material that is made available by us through the and/or the Xceed App, you (the “User” or “you”) are entering into a binding agreement with Xceed S.r.l., with registered office in Milano (MI), Via F. Casati no. 1/a, postal code 20124, Italy - registered at the Registrar of Enterprises of Milano, tax code no. 0337331102 ( “Xceed”, also referred to as “we”, “us”, or “our”).
XCEED STRONGLY RECOMMENDS EACH USER TO READ THE PRESENT TERMS. THE USERS HEREBY DECLARES TO HAVE READ THE TERMS, INCLUDING EACH NOTE, LEGAL INFORMATION AND DISCLAIMER, PRIOR TO ACCESS AND USE THE SITE, REGISTER TO IT AND UTILIZE THE SERVICES PROVIDED BY XCEED THROUGH IT AND/OR XCEED APP.
THE REGISTRATION, ACCESS AND USE OF THE SITE, THE XCEED APP AND THE SERVICES BY THE USER REPRESENT EXPRESS ACCEPTANCE OF THE TERMS.
1. CHANGES TO THE AGREEMENTS
3. ENJOYING XCEED
Xceed is an independent company that has set up on www.xceed.me (the “Site”) a web platform accessible also by mobile, tablet and other smart devices and application program interface (collectively, the “Xceed App”), through which provides the following services:
(a) to party lovers (the “Clubbers”):
- - browse through the best clubs and upcoming events in their hometown or when travelling;
- - access guest lists of nightlife events (“Book Tickets Service”);
- - purchase entrance tickets (“Purchase Tickets Service”) and reserve bottle services;
- (jointly referred to as the “Clubbers Services”);
(b) to club manager (the “Club Managers”), a free demo to the software “Xceed Nightgraph” that allows the Club Managers to try the following services provided by Xceed:
- - sell and manage booking on-line;
- - checking-in attendees;
- - track performance with real time analytics;
- (the “Club Managers Services” and jointly with the Clubbers Service, the “Services”)
In order to access certain features of the Site/Xceed App and to use the Services, you must register to create an account (“Xceed Account”) and become a registered user (“Registered User”).
You may register as a “Clubber” in order to use the Clubber Service or as “Club Manager” to use the “Club Managers Services”.
You may register to join the Services directly via the Site/Xceed App or by logging into your account with certain third-party social networking sites (“SNS”) (each such account, a “Third-Party Account”).
As part of the functionality of the Site, Xceed App and Services, you may link your Xceed Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Xceed through the Site or Xceed App; or (ii) allowing Xceed to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Xceed and/or grant Xceed access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Xceed to pay any fees or making Xceed subject to any usage limitations imposed by such third-party service providers. By granting Xceed access to any Third-Party Accounts, you understand that Xceed will access, make available and store (if applicable) exclusively those contents necessary to the Registration that you have provided to and stored in your Third-Party Account (“SNS Content”). Depending on the Third- Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information necessary to the Registration posted on SNS will be available on and through your Xceed Account on the Site, Xceed App and Services. Please note that if a Third-Party Account or associated service becomes unavailable or Xceed's access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Xceed App.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Xceed makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Xceed is notresponsible for any SNS Content.
At any time, the User that has completed the Registration (the “Registered User”) can access to his/her Profile in order to update or amend his/her Personal Data, including those information concerning his/her preferences.
Registered User represents and warrants that all Personal Data provided to the Site/Xceed App are true, correct, updated and referred to the User. The Registered User shall undertake to update such Personal Data in case of variation. It is hereby understood that the Registered User shall be the sole responsible for the truthfulness and update of Personal Data.
Xceed reserves the right to suspend or terminate your Profile and your access to the Site, Xceed App and Services or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current or incomplete.
The Registered User is responsible for safeguarding his/her password and agrees not to disclose it to any third party. The Registered User agrees to be the sole responsible for any activities or actions under his Profile, whether or not the Registered User have authorized such activities or actions.
The Registered User will immediately notify Xceed of any unauthorized use of his Profile.
In case the User should not complete the Registration after having provided his/her email, Xceed may send to the User a limited number of emails inviting the User to complete the Registration and describing the Services provided through the Site.
In order to use the Services you need to (i) be 18 or older (according to the minimum age requirement provided by the applicable laws of the country where you are residing), or be 16 or older and have your parent or guardian’s consent to the Agreements, (ii) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws and (iii) be resident in a country where the Services are available.
In order to use the Purchase Ticket Service, you further declare to have the legal capacity required according to your country applicable laws or you parents or guardian consents and to not be barred from using such service under any applicable laws.
b) Right of cancellation
At any time, the User can cancel the data provided upon the registration procedure by writing at email@example.com with subject “Profile cancellation”.
5. CLUBBERS SERVICES
Xceed provides the following services to User registered as “Clubber”
- Find the best nightlife events in city listed in the Site/Xceed App, searching by venue, date and music genre
- Get on the guests lists and get VIP access
- Reserve bottle services
- Book tickets
a. Get on the guests lists and get VIP accessTo attend some nightlife event you may have to pay an entrance ticket (the “Ticket”). In such case, after choosing the event you desire to attend, you can select the option “Pay at the door”: the selected ticket will be only booked and will not be purchased (the “Booked Ticket”).
We will send you the Booked Ticket by email, including relevant information to attend the event.
The Booked Ticket and the following email entitle you to be listed for the event and to pay for entrance paying the price specified on the Booked Ticket. THE BOOKED TICKET AND THE FOLLOWING EMAIL ARE NOT THE CONFIRMATION (AS DEFINED BELOW), NOR ARE THE EXECUTION, PURSUANT TO THE FOLLOWING PARAGRAPH B) LETTER (III), OF ANY PURCHASED TICKET.
b. Online purchase of TicketsIn some cases, Xceed offers you also the service to directly pay your Tickets. By purchasing your Ticket you are entering into an agreement with the Club Manager that organized the event.
i) Confirmation and paymentIn order to purchase Tickets, after selecting the event you wish to participate to, you have to (i) choose type and quantity of Ticket(s) to purchase, (ii) click on the “Confirm” button and (iii) proceed with the payment of the Ticket(s). You will be redirect to one of our payment service provider in order to complete the payment of selected Tickets. For security reasons, Xceed reserves the right to apply limitations and exclusions to the payment methods used by the Registered User to buy Tickets. After completing the online purchase Tickets procedure, you will receive a confirmation email containing the details of the purchased Ticket, the total costs of the Ticket and the relevant order number. The confirmation email of the purchased Ticket sent by Xceed to you (the “Confirmation”) are deemed as “confirmation of the contract on a durable mean” (also pursuant to article 51, paragraph 7, of the Legislative Decree n. 206/2005) In order to allow Xceed to send the Confirmation, the Registered User shall provide all necessary information required for the payment and a valid email address. Prior to confirm the purchase of Tickets, we suggest you to review and eventually to correct and amend any error on the order acknowledgment page. The Registered User represents and warrants to have all necessary authorization to proceed with the purchase of the selected Ticket by using the chosen payment method. Unless otherwise communicated by Xceed, purchased Tickets cannot be changed with Tickets concerning other events.
ii) Cancellation of online purchased Tickets
Xceed shall be entitled to refuse the Confirmation submitted by the Registered User, without providing any motivation in case:
- the Registered User does not proceed with the payment of the Ticket price;
- the selected event or Ticket is not more available;
- Xceed has right to believe that the selected Tickets are purchased by the Registered User for commercial/professional use.
In all such event, no cost and/or fee shall be charged to the User.
We reserve the right to withhold any amounts due to a Club Manager in the case that we reasonably believe that Clubber’s Personal Data are inaccurate or if the Clubber fails to provide all data requested to use such Service within the timeframes requested.
iii) Execution of the purchased Tickets
Upon Confirmation, the purchased Ticket will be available as a file, in downloadable PDF format, on your Profile and will also be sent to the email provided by you during the Registration.
6. TICKET PURCHASE PRICE
Except where otherwise set out in these Terms, the purchase price Tickets published on the Site/Xceed App are the purchase price applied by the Club Managers to attend the event as directly communicated to Xceed (the “Ticket Purchase Price”).
The Ticket Purchase Price includes any service fee and taxes.
You should not be entitled to any kind of refund, in case the Club Manager should apply a lower or discounted Ticket Purchase Price to attend the same event on the same date for which you have purchased Tickets.
Unless stated otherwise, Ticket Purchase Prices are expressed in Euros.
7. RIGHT OF WITHDRAWAL
You acknowledge that, pursuant to the art. 55 of the Italian Consumer Code, the right of withdrawal provided for by article 52 of the Italian Consumer Code does not apply, insofar the Services provided by Xceed concern the supply of products and services for one’s spare time which the event organizers undertake to provide at a specific date or for a specific performance period.
8. CANCELLED OR POSTPONED EVENTS
As a service provider, Xceed shall not be responsible for any postponement or cancellation of the event by the Club Managers. In such case, if you have purchased a Ticket to attend a postponed or cancelled event, we shall notify you how the Club Managers will refund you.
In no event, Xceed shall be responsible to refund any Registered User paid Tickets as the sale agreement is exclusively entered by and between you and the Club Manager and Xceed is not involved in any manner in the organization of nightlife events.
9. CLUB MANAGERS SERVICE
Xceed provides the following services to User registered as “Club Managers”:
Club Managers may try free demo of the software “Xceed Nightgraph” that allow them to:
- - sell and manage booking on-line;
- - check-in attendees;
- - track performance with real time analitycs.
The basic version of Xceed Nightgraph is free to use and grant Club Managers the right to create as many events as they want. To switch to a premium account, Club Managers should write an email to firstname.lastname@example.org with the subject “Premium Account”.USERS’ OBLIGATIONS
As a Clubber, you shall undertake to use the Services exclusively for personal use.
Each User shall undertake not to access the Site or Xceed App and to use the Services for illegal scope or not according to the present Terms.
Each User shall not use the Site, the Xceed App and the Services in such a manner that may prejudice or interfere with the use of the Site, the Xceed App and the Services by other Users.
Each User shall further undertake to not use software, algorithms or other features that create or open link to third party webpages or that require single person or groups of people to access to third party webpages.
10. INTELLECTUAL PROPERTY RIGHTS
Xceed is the exclusive owner of, or in any case has the right to use, all distinctive signs (trademarks, trade names, trade dress etc.) published or used on the Site and/or the Xceed App.
All texts, comments, works, illustrations, and images reproduced or depicted on the Site and/or the Xceed App are strictly reserved under copyright as well as intellectual property rights, for the entire duration of protection of these rights and throughout the world. In addition Xceed exclusively retains ownership of all rights title and interest in and to (all intellectual property rights of) the Site and the Xceed App on which the services provided by Xceed are made available, including but not limited to contents, tests, design, data, know-how, software and information contained or connected to it (the “Xceed IP”).
The Users are not entitled to copy, scrape, (hyper/deep) link to, publish, promote, translate, market, integrate, utilize, combine or otherwise use, in whole or in part Xceed IP without the prior written notice of Xceed, except as necessary to use the Service.
Any use of the Site and/or Xceed App for different purposes or manner will be considered as a breach of the User’s obligation provided under this Article.
Xceed reserves the right to prosecute any infringement of its intellectual property rights.
11. INTERRUPTION OF THE SERVICES
In case the you breach your obligations provided under Articles 10 (“Users’ obligation”) and 11 (“Intellectual property rights”), Xceed shall be entitled to cancel your Xceed Account with prior written notice, delivered via email.
Access to the Site/Xceed App may be temporarily interrupted in case of technical problems or for maintenance reasons. Whenever possible, Xceed shall promptly notify to the Users of such interruptions.
At any time, Xceed may update, amend or improve the Site, the Xceed App and the Services even in order to correct any error or to comply with applicable laws and regulations.
Xceed shall have the right to terminate, in whole or in part, to provide the Services by giving prior notice to the Registered Users in order to permit them to complete the execution of the purchase order submitted. In such case, Xceed shall notify the termination of the Service to the Registered Users by email and publishing such notice on the Site and on the Xceed App.
Xceed will not be responsible for incomplete, incorrect or inaccurate data or information published on the Site and/or the Xceed App by Users as well as for any technical fault or manifest error.
Xceed will not be responsible for any information or data independently acquired by the User from the Club Managers.
Sale contracts are entered into by and between the Registered Users and the Club Managers. Consequently, Xceed can not be held liable for any damage directly or indirectly suffered by the User relating the selling of the Tickets, including any late or missed entrance at the events.
Xceed will not be responsible for any damage due to interruption of the Services provided through the Site and the Xceed App and resulting from any malfunctions, breakdowns delays of access to the internet or defect in any reception equipment or line of communication not under Xceed’s control or due to software and tools used by the User who connects to the Site and/or Xceed App.
Xceed will not be responsible for any content published on third party links available on the Site (the “Link”). In case the you decide to visit any Link, you will be the sole responsible for any damage you may suffer.
14. FINAL PROVISIONS
In the event that one or more of the terms set out in these Terms are held to be invalid or declared as such under applicable laws and regulations, other provisions shall remain in full force and scope.
15. APPLICABLE LAWS. DISPUTES
Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, these Agreements (and any non-contractual disputes/claims arising out of or in connection with them) shall be construed and governed by the Italian laws and in particular by Italian Consumer Code (Italian legislative decree 6 September 2005 no. 206) and by Italian legislative decree 9 April 2003 no. 70 on e-commerce, without regard to choice or conflicts of law principles.
In case any dispute arising out of or in connection with these Terms between Users residing outside the EEA or not qualified as “consumers” according to the Italian Consumer Code, courts of Milan shall have the exclusive jurisdiction. In case any dispute arising out or in connection with these Term between Users qualified as “consumer” can be resolved pursuant to the “RisolviOnline”, the online resolution dispute service provided by the Milan Chamber of Commerce. For any further information please visit the following website: www.risolvionline.com.
16. CONTACT US
If you have any questions concerning the our Services or the Agreements, please contact Xceed customer service by visiting the Contact us section of the Site and/or of the Xceed App.
You expressly agree on the following articles of these Terms: 1 (Changes to the Agreements), 4 (Registration), 5 (Clubbers Services), 6 (Ticket Purchase Price), 7 (Right of withdrawal), 8 (Cancellation or postponed events), 10 (Users’ obligations), 11 (Intellectual Property Rights), 12 (Interruption of the Services), 13 (Liability), 16 (Applicable Laws. Disputes).