TIKKETX Marketplace Organizer Agreement
This Marketplace Organizer Agreement is entered into between Zestpearls Solutions (OPC) Pvt. Ltd., a company registered in Chennai, India, doing business as “TIKKETX” and you (“Organizer”, “Event Organizer”, “Seller”)
TIKKETX operates event ticket selling/ Distribution websites,
providing Organizers with the opportunity to list and sell event tickets to
Customers as same as marketplace.
Article 1 : Statements & Recommendations
1.1 Organizer Statements
Organizer represents and warrants that:
(a) The individual executing or registering Organizer for
the Marketplace is duly authorized to bind Organizer Agreement
(b) Organizer has the authority to enter into and perform
its obligations under this Agreement
(c) Organizer’s performance under this Agreement will not
breach any other agreement
(d) Organizer is not owned or controlled by any competitor
of TIKKETX.
1.2 TIKKETX Statements
TIKKETX represents and warrants that:
(a) It has authority to enter into and perform this
Agreement;
(b) Its performance will not violate any other agreement.
1.3 Independent Counsel
TIKKETX recommends Organizer obtain its own legal counsel
prior to entering this Agreement.
Article 2 : Registration
& Marketplace Access
2.1 Registration
Organizer should register to sell on Marketplaces, subject
to this Agreement and TIKKETX’s approval or rejection of such registration.
2.2 Amendment
TIKKETX may amend this Agreement anytime by posting changes
on the Organizer Information Page and emailing notice. Continued use constitutes
acceptance of amended terms.
2.3 Policies
TIKKETX may publish or amend Marketplace Policies.
Organizer’s use constitutes acceptance of such Policies.
2.4 Marketplace Design and Access
TIKKETX may modify the Marketplace and may cease providing
access without notice.
2.5 Permits and Licenses
Organizer is responsible for obtaining all necessary permits
and licenses and for paying related fees in compliance with applicable law.
Article 3 : Organizer Content & Event Listings
3.1 TIKKETX Not Organizer of Record
Sales are between Organizer and Customers; TIKKETX is not
the event organizer or party to such transactions. Listing does not imply
TIKKETX endorsement or affiliation.
3.2 Organizer Content
Organizer must ensure all provided information is accurate,
lawful, and free from harmful code.
3.3 Event Listings
(a) Organizer may list their all Events on the Marketplace
platform.
(b) Listings must comply with law, Policies, and
specifications, be accurate, and suitable for the Marketplace.
(c) Listings must not infringe others’ intellectual property
or contain defamatory, discriminatory, or offensive content, nor harm TIKKETX’s
reputation.
(d) Prohibited listings include: inauthentic/counterfeit
events, Restricted Events, events with tickets not in stock, deceptive practices
(spoofing, phishing, etc.), obscene content, and misuse of TIKKETX
trademarks.
(e) TIKKETX may modify, remove, or combine listings at its
sole discretion. Acceptance of modifications is implied by continued listing.
3.4 Listing Maintenance
Organizer is responsible for keeping Event Listings accurate
and compliant.
3.5 Event Pricing
(a) Organizer sets prices via the TIKKETX Portal or as
otherwise authorized.
(b) Organizer must maintain pricing parity across sales
channels.
(c) Organizer is liable for pricing errors, must honor
erroneous sales, and compensate for any consequent losses.
Article 4 : Event ticket Sale, cancellation, Swapping ,
Return , Refund, and Customer Service
4.1 Customer Orders & Payments**
(a) TIKKETX will process orders and collect payments on
Organizer’s behalf, and may cancel transactions it deems fraudulent or
erroneous.
(b) TIKKETX is Organizer’s agent for receiving payments.
Payment transfers to Organizer are net of any owed amounts, on terms set in
Policies.
4.2 Taxes
(a) Organizer is solely responsible for tax assessment,
collection, reporting, and remittance, maintaining correct settings, and
verifying tax exemptions.
(b) Organizer must specify tax jurisdictions and codes for
TIKKETX to collect taxes where required.
(c) Organizer must reimburse TIKKETX if required to pay
Organizer taxes.
(d) Organizer waives claims against TIKKETX for reliance on
tax data.
(e) Organizer must pay any sales taxes owed to TIKKETX.
4.3 Execution
(a) Organizer handles the event execution, ensuring
compliance with law and Policies.
(b) Events must be fulfilled, conducted, and tracked as
required; substitutions and marketing inserts are prohibited.
(c) TIKKETX may cancel overdue orders.
(d) Organizer is liable for cancellation or refund errors.
4.4 Customer Returns
(a) Organizer must
refund TIKKETX for cancelled events which will be given to booked customers if
sold tickets amount has been shared to organizer priorly
4.5 Customer Service
Organizer is responsible for all customer service associated
with its Events. TIKKETX may intervene or resolve issues as needed.
4.6 Chargebacks
Organizer is responsible for any losses or costs related to
customer disputes and chargebacks, except those solely due to TIKKETX’s own
negligence.
4.7 Customer Reviews
TIKKETX may request and publicly display Customer reviews
and ratings of Organizer and Events.
Article 5 : Fees,
Commissions, and Payment Recovery
5.1 Monthly Subscription Fee
Organizer shall pay the Monthly Subscription Fee as posted.
Non-payment constitutes material breach.
5.2 Commissions
Organizer shall pay commissions on all sales, as per the
current adopted package
5.3 Payment Methods
TIKKETX may recoup owed amounts via set-off, credits,
holdback funds, Organizer’s payment instruments, or other lawful means.
5.4 Holdback Funds
TIKKETX may withhold payments (“Holdback Funds”) in its
discretion based on Organizer’s conduct and compliance. No trust or segregation
applies.
Article 6 :
Intellectual Property
6.1 TIKKETX License to Organizer
TIKKETX grants Organizer a non-exclusive, revocable,
non-transferable license to promote and sell Events on the Marketplace.
6.2 Organizer License to TIKKETX
Organizer grants TIKKETX perpetual, worldwide rights to use
Organizer information and marks for purposes set forth herein.
6.3 Ownership
TIKKETX retains all rights in the Marketplace, related data,
and any improvements; Organizer assigns any derived rights to TIKKETX.
6.4 Content Ownership
Organizer retains ownership of its marks and information,
subject to license and assignment provisions herein.
6.5 Non-Party Infringement
Organizer must ensure its content and Events do not infringe
intellectual property rights of others.
Article 7 : Term
& Termination
7.1 Term
Agreement commences upon Organizer’s registration and
continues until terminated.
7.2 Termination
Either party may terminate by notice via the Portal.
7.3 Effect of Termination
Obligations relating to outstanding transactions,
limitations on liability, confidentiality, indemnification, and payment survive
termination.
Article 8 :
Disclaimer of Warranties
8.1
TIKKETX disclaims all warranties, representations, and
guarantees, provides services “as is,” and Organizer accepts that risk.
Article 9 :
Limitation of Liability
9.1
TIKKETX is not liable for special, consequential, punitive
damages, or lost profits/data, and liability is capped at amounts Organizer
paid under this Agreement.
Article 10 : Indemnification
10.1 Indemnity
Organizer will indemnify TIKKETX for losses arising from
Organizer’s breach, product defects, IP infringement, or related claims as
defined.
10.2 Process
If TIKKETX seeks indemnification, Organizer shall respond
promptly and manage defense with reasonably acceptable counsel.
Article 11 : Confidentiality, Privacy, and Data Integrity
11.1 Confidential Information
Organizer must protect TIKKETX Confidential Information and
only use it for performance of this Agreement.
11.2 Customer Personal Information
Organizer may use Customer Personal Information solely to
fulfill obligations, must protect it, and notify TIKKETX of any data breach.
11.3 System Use
Organizer must protect Marketplace credentials and not
misuse, reverse engineer, or archive Marketplace data.
11.4 Equitable Relief
Breach of confidentiality entitles TIKKETX to seek
injunctive relief.
Article 12 : Dispute
Resolution
12.1
All disputes shall be filed as designated in the Portal or
Policies.
Article 13 : Miscellaneous
13.1 Subcontractors
Organizer may use subcontractors, remaining fully
responsible for their compliance.
13.2 Invalidity & Assignment
No invalidity affects remaining terms; Organizer cannot
assign without TIKKETX’s consent.
13.3 Notice
Notice methods are as specified in the Portal and via
electronic communication.
13.4 Entire Agreement
This Agreement, associated Policies, and addenda constitute
the complete agreement.
13.5 Construction
Agreement is drafted per best practices and hierarchy of
terms is clarified herein.
13.6 Relationship of Parties
Organizer is an independent contractor; no partnership or
employment is created.
Article 14 : Definitions
Key defined terms are as set out in the original
definitions, including but not limited to “Account”, “Applicable Law”,
“Customer”, “Event Listings”, “Parity”, “Organizer Taxes”, “TIKKETX Parties”,
etc.
**IN WITNESS WHEREOF**, the parties have executed this Marketplace Organizer Agreement as of the date the Organizer registers on the Marketplace and accepts the terms electronically.