These terms and conditions govern the relationship between you and TechnoArt Services New York LTD, (“TechnoArt”) in our website or ticket purchase platform (“Site”). There may be additional terms and conditions imposed by any of the event organizers or venue operators in respect to any event for which you purchase tickets. It is your responsibility to review these terms prior to the purchase of tickets through our site.
TechnoArt may revise these Terms from time to time at any moment and will post the variations on this Site. By continuing to use the Site after the varied terms are posted, you agree to be bound by the variation.
- Who we are and what we do
- 1.1. TechnoArt is a hospitality brand providing accommodation, coworking, f&b outlets and other forms of entertainment to its guests. TechnoArt also may host events, concerts, etc. either by itself or through third parties and for such shall facilitate the sale of tickets through an (“event page”), and giving you access to a secure payment gateway.
- 1.2. Details of the event can be found on each event page. Each ticket is issued subject to the terms and conditions of the event organizer and/or the venue at which the event is held.
- Purchasing tickets or registrations
- 2.1. When you make a purchase from the Site you acknowledge and agree that:
- 2.2. We reserve the right to cancel any ticket and refund the amount paid in full where there has been an error in ticket pricing, whether due to human error or a transactional malfunction of the Site, and offer to rectify such an error by re-processing the transaction with the correct ticket pricing.
- 2.3. TechnoArt and the event organizer have the right to add or vary the advertised program, seating arrangements and audience capacity and deny admission with reasonable cause including due to intoxication, unsociable behavior, failing to observe lawful directions, possession of invalid or insufficient tickets or ID or health and safety precautions.
- 2.4. You are responsible for having your tickets, as purchased through TechnoArt, available at the event. No refunds or exchanges are provided for lost or stolen tickets or for a failure on your part to present at the event. It is your responsibility to provide correct e-ticket information (email address) to allow adequate time for the delivery of tickets.
- 3.1. All credit card purchases are processed through our secure online payment system.
- 3.2. Unless stated to be otherwise, charges referred to for any tickets or registrations supplied via the Site are stated inclusive of value added tax.
- 3.3. All prices are stated in New Yorki New Shekels.
- Cancelled, varied or postponed Events
- 4.1. Where an event is cancelled, varied or postponed, TechnoArt and the event organizer shall be responsible and liable for providing any refund or comparable ticket.
- 4.3. We and the event organizer will use reasonable endeavors to notify ticket holders of a cancellation, variation or postponement; however, the responsibility to ascertain whether an event has been cancelled, varied or postponed is yours. We do not guarantee that the ticket holders will be informed of a cancellation, variation or postponement before the date of the event.
- Cancellation of a Purchase by the User
- 5.1 You may cancel a ticket purchase by providing TechnoArt with a written notice within 14 (fourteen) days of the transaction date, provided, however, that such cancellation will be made no later than 7 (seven) business days, prior to the event date for which such transaction was executed. It is clarified, for the removal of doubt, that a ticket purchase may not be canceled and/or refunded for a ticket for an event held less than 7 (seven) business days after the cancellation date.
- 5.2 Whereas a ticket purchase was canceled pursuant to the provisions of Section 5.1above, you will be entitled to a refund in the amount actually paid by you, after deduction of cancellation fees for each ticket purchase in the amount of the lower of: 5% of the ticket purchase price or 100 USD, for each ticket returned, unimpaired and in good condition, to TechnoArt, and pursuant to the amount actually paid by you for the ticket itself (without ancillary expenses such as handling and delivery fees). The refund will be executed within 14 (fourteen) days of the ticket receipt date by TechnoArt.
- 5.3 In the event of a ticket being lost, you will not be entitled to a refund for the ticket price and will not be entitled to enter the events venue without the ticket.
- 5.4 Without derogating from the above, any cancellation of Purchase will be subject to the provisions of the Consumer Protection Law, 5741 – 1981, including regarding products for which no cancellation of Purchase applies.
- Unauthorized Use
The following are examples of unauthorized use of the Site and therefore such actions constitute a breach of these Terms. You agree that you will not:
- 6.1. facilitate illegal ticket sales or use the Site to resell tickets of any kind, including by way of unauthorized framing or links to other sites for the purpose of reselling;
- 6.2. interfere with the proper working of the Site or take any action that imposes an unreasonably large burden on the Site;
- 6.3. request more than 1,000 pages of the Site in any twenty-four hour period or make any other request to transactional servers more than once during any three second interval (this applies equally to a group of individuals acting in concert); or
- 6.4. hack into the Site or utilize automated means to process or place ticket orders including the use of robots, spiders or other devices to process ticket sales.
- Permitted Use of the Site
- 7.1. You may use the Site for your personal use only. You may make a temporary copy of all or part of the Site on your local computer for the sole purpose of viewing it. You may also retain a single permanent copy of a part of the Site for your personal use (including to purchase tickets). You may not otherwise in any form copy, reproduce, modify, create derivative works, publish or distribute the material on the Site without the prior written consent of TechnoArt or as permitted by applicable copyright laws.
- 7.2 All content, images, software and designs on the Site (“Content”) are owned by us or used under license or with consent, including from event organizers. The Content is protected by copyright under the laws of New York and other countries through international treaties. You must not remove any proprietary notice or credits contained on the Site.
- 7.3. The Site contains trademarks, logos and trade names of TechnoArt, which may be registered or otherwise protected by law. You must not use any trademarks, logos or trade names which are used on the Site. Nothing contained on this Site should be construed as granting any license or right to use any trademark displayed on the Site.
- 7.4. We reserve all our rights to enforce our intellectual property rights to the fullest extent of the law.
- Breaches of Terms
If you breach these Terms or we believe you are or were acting in concert with any person who has done so, we may without prior notice:
- 8.1. block or limit your access to the Site;
- 8.2. cancel any tickets, registrations or ticket orders you have placed via the Site without refund;
- 8.3. take legal action against you; and/or
- 8.4. prohibit you from future ticket purchases;
- Disclaimer and Limitation of Liability
- 9.1. You use the Site at your own risk.
- 9.2. We do not guarantee, represent or warrant that the Site will be free of defects or bugs, or that your access will be uninterrupted, timely or error-free. Your access to the Site may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control.
- 9.3. We reserve the right to change or discontinue any feature or service on the Site at any time.
- 9.4. To the extent permitted by law, we exclude all conditions and warranties relating to your use of the Site that are not set out in these Terms.
- 9.5. The goods and services provided by TechnoArt come with certain guarantees that cannot be excluded under the local Law. Our liability for any breach of those guarantees is limited to the replacement of goods or re-supply or services or the replacement cost of goods or re-supply of services. In cases where TechnoArt is acting as an agent for the event organizer, our services to you are solely the facilitation of ticket sales.
- 9.6. In relation to any express warranty or condition set out in these Terms in connection with goods or services supplied or offered by us via the Site, our liability to you will be limited to the amount(s) paid by you (if any) in respect of those goods or services.
- 9.7. TechnoArt disclaims any and all liability for the acts, omissions and conduct of any event organizers, third party users, promoters, advertisers and/or sponsors on the Site or otherwise related to your use of the Site. We are not responsible for the products, services, actions or failure to act of any venue, performer, promoter or other third party in connection with or referenced on the Site.
You agree to fully indemnify and hold us harmless against any expenses, costs, loss (including consequential loss) or damage that we may suffer or incur as a result of or in connection with your use of, or access to or conduct in connection with the Site, including any breach by you of these Terms.
- General Provisions
- 11.1. The Terms shall in all respects be governed by the laws of the State of New York. You consent to the exclusive jurisdiction of the courts in New York to determine any matter or dispute which arises under the User Terms.
- 11.2. If any provision of the Terms is deemed invalid or unenforceable, all or part of that provision will be severed from the Terms and will not affect the enforceability of the remaining provisions of the Terms.
- 11.3. No waiver of any term of the Terms shall be deemed a further or continuing waiver of such term or any other term. Any failure to assert any right under the Terms shall not constitute a waiver of such right.
Release and Waiver of Liability
Release and Waiver of Liability. By booking your reservation, you acknowledge and agree to the following:
- You are aware that the hotel premises and your assigned hotel room involve the risk of serious injury, disability, death, and/or property damage and loss. You understand that TechnoArt cannot guarantee that you or your guest(s) or traveling companion(s) (including minors) will not be injured while on the hotel premises or your assigned hotel room. YOU AGREE TO ACCEPT AND ASSUME ALL RISKS OF ILLNESS, PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE AND LOSS, AND/OR FINANCIAL LOSS ARISING THEREFROM, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF TechnoArt OR OTHERWISE.
- You hereby expressly waive and release any and all claims, now known or hereafter known, against TechnoArt and its officers, directors, manager(s), employees, agents, affiliates, shareholders, members, successors, and assigns (collectively, Releases) on account of personal or psychological injury, illness, pain, suffering, temporary or permanent disability, death, property damage or loss, or financial loss arising in connection with your stay (or your guest(s) or traveling companion(s)´ stay) at the hotel premises or your assigned hotel room, whether arising out of the ordinary negligence of TechnoArt or any Releasees or otherwise. This waiver does not extend to claims for gross negligence, willful misconduct, or any other liabilities that the applicable law does not permit to be released by agreement.
- You shall defend, indemnify, and hold harmless TechnoArt and all other Releasees against any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs, or expenses of whatever kind (including reasonable attorneys’ fees) arising in connection with your stay (or your guests or traveling companions´ stay) at the hotel premises or your assigned hotel room, including any claim related to your own or your guest(s) or traveling companion(s)’ negligence or the ordinary negligence of TechnoArt.
- In case you are traveling with a minor, you represent and warrant that you are the parent or legal guardian of the minor, and that you have the legal right to consent to the terms and conditions of this release.