Terms and conditions of use
1. The Services provided by FunBuyNet are governed by these Terms and Conditions of Use, which consumers (FÃS), before formalizing the purchase and as a condition for its realization, have full and full knowledge of their entire content.
2. The Service offered by FunBuyNet ("Provision of Services") consists in making available to the FÃS registered in its database, a platform of announcements of offers of Tickets, Tickets and / or Tickets for entertainment events ("Ingresso"). with multiple operational tools.
2.1. In this way, FunBuyNet exclusively acts by publishing third-party content, that is, virtual advertisements posted by the Fan (s) that intend to sell Tickets through the platform / tool, having no link with the producers and / or responsible for the tickets of the events marketed by FÃ (S) Vendor (s).
3. FunBuyNet is remunerated by the Sales Force (s) for the use of the FunBuyNet platform / tool that performs the computerized management of the Purchase and Sale transaction, that is, when the Buyer expresses its interest in acquiring a particular Ticket from a FÃ (S) Vendor (s).
3.1. Therefore, after being duly registered on the Site, FÃ Vendor publishes, without any cost, an advertisement of Sale of Ticket in the platform / tool of FunBuyNet, it being the responsibility of this FÃ to correctly inform all the data and specifications related to the Event of which it intends to market the In addition, FunBuyNet's agent, without any interference, management or judgment of FunBuyNet, is responsible for setting the price of the Ticket that it intends to market in the FunBuyNet platform / tool.
4. It should be noted, again, that FunBuyNet does not own, own, or even own any of the Tickets advertised by third-party Sellers through the platform / tool.
4.1. FunBuyNet is only and only the platform / tool on which the Fan Seller sells its Tickets to the Buyer Fan.
4.2. FunBuyNet also does not cede, donate, sell, purchase or transfer ownership of those Tickets, so it is limited to providing and guaranteeing in a secure environment (its platform / tool) support for the transaction of Ticket Purchase and Sale made exclusively , by third parties F (S).
5. FAN that uses FunBuyNet's platform / tool to sell or buy Tickets, or to find the information you are looking for (generally referred to as "FÃ (S)"), when expressing knowledge and consent to these Terms and Conditions of use, manifests also be aware of the nature of the services provided by FunBuyNet and consequently that, as a mere intermediary between sellers and buyers of tickets for shows and events, it is not confused with FÃ (S), whether advertisers or buyers of a ticket.
6. From the Fan Register and Agreement to FunBuyNet Terms and Conditions of Use
6.1. The use of the Services implies the highest understanding, acceptance and automatic linking of the FÃ to the Terms and Conditions of Use of FunBuyNet, being sure that when using any of the services offered in the platform / tool of FunBuyNet, the FÃ agrees to respect and to follow any and all guidelines set forth in these Terms and Conditions of Use.
6.2. In the event that the Fan has any objection to any later items, guidelines or changes to these Terms and Conditions of Use, or, furthermore, if you are dissatisfied with the Services offered by FunBuyNet, for any reason whatsoever, the Fan may cease use immediately without loss of the residual obligations acquired as a result of the Purchase and Sale transactions carried out through the FunBuyNet platform / tool, such as, for example, delivery of the Ticket, payment for the Ticket and / or Services, among others.
6.3. These Terms and Conditions of Use of FunBuyNet may be subject to periodic changes, whether for legal or strategic reasons of FunBuyNet. FAN hereby agrees and acknowledges that it is its sole and entire responsibility to periodically check these Terms and Conditions of Use. FunBuyNet will inform the FAN of any significant changes to the Terms and Conditions of Use by sending an e-mail provided by the FAN upon completion of your registration.
6.4. The FÁ, if a natural person, declares that he / she is over 18 years of age, a minor emancipated, or has the express written consent of the parents or legal guardian and is fully capable to be bound by these Terms and Conditions of Use, to which is obliged to abide by and comply with all its provisions.
6.5. The FÃ, being legal entity, will do it in the figure of its legal representative.
6.6. Registration, FAN Login and Password: Upon completing the mandatory registration to make the Sale and / or Purchase of an Entry, the FAN determines a "FAN Login" and a "password" for exclusive use, which may be changed later. FAN is the sole and sole responsible for keeping this information secure, and is aware that it is personal and non-transferable.
6.7. Veracity of the Information: The FÁ declares that all the information provided when completing its registration in the platform / tool of FunBuyNet are true, being obliged the FÃ to keep them updated properly under penalty of legal measures, as well as their exclusion of the FunBuyNet platform / tool.
7. The guarantee offered by FunBuyNet
7.1. Warranty to the Fan Seller: FunBuyNet guarantees payment for transactions effected and successfully completed by FÃ Vendor through the platform / tool. For payment purposes, consider completed transactions and successfully completing those that, within 7 (seven) days after the date of the event, do not present any complaint of FÁ Comprador with respect to the delivery, quality and veracity of the information announced on the Ticket;
7.2. Warranty to Buyer FAN: In case the Buyer notifies within two (2) days after the date of the event the divergence in the ticket purchased by him, in the following cases:
a) the Ticket has not been delivered by the Seller in up to 2 (two) hours before the start of the show or event for which it gives access;
b) the Ticket is not proven to be equivalent to the one purchased;
c) the Purchaser has not been able to use the ticket because it proves to be blocked, falsified or for any event attributable to the organizer of the event, invalid.
Exception to this guarantee: The guarantee referred to in item 7.2. "A" shall not apply in the event that the Purchaser has successfully accepted another entry for the same event or equivalent consideration and it has been delivered within two (2) hours prior to the start of the event.
In order to prove that the tickets received were different from those advertised and purchased on FunBuyNet, the Fan Buyer must send the original (physical) tickets sent by the seller to the FunBuyNet headquarters located in ¬¬¬¬¬¬¬¬¬¬¬¬¬ ¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬_____________________________________________.
In the event of what is provided for in clause 7.2, letter "c", FunBuyNet reserves the right to confirm the information provided by the Buyer in direct communication with the organizer of the event, at which time it will wait for a response of 30 ) days counted from the communication by the Buyer Fan of the impossibility of using the ticket.
7.3. Responsibility for the Announcement: FB Buyer is aware that all Ticket notices available on the platform / tool are produced and made available by third parties, FANS Sellers, without any control, monitoring or prior verification of FunBuyNet.
7.3.1 In its capacity as intermediary and host of content produced by third parties, FunBuyNet can not guarantee the accuracy of the information provided by these nor that each FÃ will adopt to the satisfaction the measures and positions that it has committed to adopt. In this way, FB Buyer expresses its knowledge and full consent to the fact that FunBuyNet's liability will be limited to that mentioned in clauses 7.1 and 7.2 of this Agreement. Any additional losses and damages shall be filed before the Fã responsible for causing such damages.
7.4. Removal of the Announcement: Seller acknowledges that FunBuyNet will have the right, in its sole discretion, to refuse, delete or remove any advertisement of the sale of the Ticket made available on the FunBuyNet platform / tool, whether for violation of these Terms and Conditions of Use or for any other strategic, ethical, legal or moral reasons.
8. From the Ticket Sale Announcement by FÃ Vendor
8.1. Information Admission: since register before the FunBuyNet, Seller FAN you want to sell your ticket, you must publish on the platform / tool your ticket sale ad, should necessarily contain, among others, the following information : Name of the Event, Date of Realization, Time, Specify the type of Ticket (if it is half entry, classification, sectorization, among others) and the price that you want to receive.
8.2. Publication Sale Offer of Admission and Linking: the publication of the ticket in / FunBuyNet tool platform requires the FAN seller to complete the transaction on the terms specified in the offer, otherwise the duty to indemnify FunBuyNet and / or third parties for damages.
8.3. Granting of Mandate by FÃƒÆ'Ã ¢ â,¬Å¡Ãƒâ € šÃ,Â Vendor: at the moment of entering the data of the entry in the platform / tool of FunBuyNet by FÃ Vendor, it grants a mandate to FunBuyNet so that it is:
The. offer and disclose, in the name and for the account and order of the Selling Fan, the Entry in its platform / tool to the FÃS Buyers;
B. receive, on your behalf, the amount of the Ticket due to FÃ. This service will only be charged by FunBuyNet when, upon completing a purchase, acceptance of the Offer by a Buyer Fan of these Terms and Conditions of Use.
8.4. Fees and Taxes (if applicable): Seller shall be responsible for any taxes levied (if applicable) on the transaction made through FunBuyNet, and shall be liable for such costs.
8.4.1. If the FunBuyNet or their duly appointed representatives are required to make deductions (if applicable) and gatherings (if applicable) on behalf of FAN Seller, this obligation will be adimplida by FunBuyNet and the amounts paid will be deducted from the final amount to be transferred to the FAN Seller .
8.5. Validity of Published Offers: As a general rule, the Offers of Admission will be conditional until four (4) business days prior to the accomplishment of the event.
8.5.1. FunBuyNet reserves the right to extend or reduce this term.
8.6. Credit Card: at the time of publication of the Offer, FÃ Vendor shall inform FunBuyNet of a credit card number with an expiration date greater than the celebration of the event related to the event of the Ticket that it intends to market in the FunBuyNet platform / tool. By informing this data, FÁ Vendor authorizes FunBuyNet to carry out all transactions related to the Sale of the Ticket and to the provision of the Service, in accordance with the conditions set forth herein.
8.7. Fixing the Price of the Ticket: FÃ Vendor is the sole responsible for determining the value of Sale of the Ticket, not having any influence and / or participation of FunBuyNet. The value informed by FÃ Vendor shall be the net value of the Ticket to be made available on the platform / tool.
8.7.1. FunBuyNet, on the other hand, provides a tool that calculates the commissions and values of taxes incident (if applicable) in the operation so that the final value to be charged to the Buyer FB is displayed on the platform / tool.
8.8. Shipment of Tickets and Proof of Shipment: FÃ Vendor is the sole and exclusive responsible for sending and / or delivering the Ticket. FÃ Vendor agrees to keep the proof of sending and protocol of delivery. FAN understands and agrees that only the shipping receipt and the delivery protocol signed by the Buyer will be accepted to prove delivery in case of dispute.
8.9. Cost of FunBuyNet Service to the Fan Seller: FunBuyNet will charge the Seller the XX% value (xxxxxxxxx percent) of the amount of the Ticket informed by the Seller. The FÃ Vendor will only be charged for the use of the FunBuyNet platform / tool, which does the computerized management of the Buy and Sell transaction, that is, when the Buyer Fans express their interest in acquiring a particular Ticket from a FÃ Vendor.
8.10. Responsibility for the advertisement: FÃ Vendor, when entering an advertisement for the sale of one or more tickets in the FunBuyNet platform / tool, assumes full responsibility for the act. In doing so, it states that it is the legitimate owner of the advertised goods, that it has the legitimacy to sell them and that it is aware that any complaints from the organizers of the event, from the buyer or from third parties will lead to their liability in all legal spheres.
The Fan Seller is aware that if FunBuyNet has reason to suspect that it is diverting or misrepresenting the purpose of the services they offer, it may have their registration may be permanently canceled.
For the purposes of this clause, FunBuyNet also reserves the right to stipulate maximum amounts of tickets to be announced by FÃ Vendor for each event and other policies that it deems pertinent.
9. Penalties for late delivery of tickets and failed sales
9.1. Tickets sold must be sent within 72 hours from the date of availability published in the advertisement. In the event Seller Seller sends the Tickets after this deadline, this will be penalized automatically for each sale sent late.
9.2. When the Sent Tickets do not exactly match what was described in the advertisement by the Fan Seller, but the Fan Buyer accepts the Tickets, a financial penalty will be applied for the wrong shipment. The amount to be deducted from the value of the Tickets is a kind of compensation to the Buyer FAN, and the amounts will be and will be passed on and paid directly by FunBuyNet.
9.3. The Seller will receive, therefore, the amount of the Ticket disclosed, discounting the commission for the Sale and the compensatory amount that FunBuyNet send to the Buyer. Tickets sold should accurately reflect the divisions and categories of the event map on the FunBuyNet website. If the available map for the event is not available on the platform / tool, the types of Tickets will be those established by the promoter of the event.
9.4. Tickets will be considered incorrect in the following situations:
a) Seats in a different queue from what was published;
b) Seats in a different sector from what was published;
c) Change in seat type;
d) Separate seats, when they should be contiguous;
e) Ticket Restrictions that have not been clearly stated in the advertisement.
9.5. A Sale will be considered as deficient in the following cases:
a) if the Tickets are not sent;
b) When incorrect tickets are sent and not accepted by the Buyer.
9.6. The fine for Deficient Sale will correspond to the difference between the price of the Tickets sold and the price of Tickets purchased from another FÃ Vendor for the same sector or in a higher sector, being already established a minimum value of R $ 200.00 (two hundred reais) by way of indemnification.
Seller may request that FunBuyNet return the incorrectly submitted Ticket, as long as the Purchaser does not accept delivery of the Ticket. Fã Vendor will bear all expenses arising from the returns. In this way, in order for the Buyer FAN to exercise its right to reimbursement, it is essential that this return the incorrect Tickets to FunBuyNet.
10. Purchase of Tickets by the Buyer
10.1. Acceptance of the Ticket Sale Offer: the acceptance of the Offer of Sale of a certain Ticket implies in total agreement on the price fixed by the Selling Fan and the value for the sending of the Tickets.
10.2. Granting of Mandate by the Buyer FAN: at the moment of entering the data of the proposal acceptance for Buying the Ticket in the FunBuyNet tool / platform, FB Buyer grants a mandate to FunBuyNet to make payment on its behalf of the value of the Ticket to the Fan Seller.
10.3. Confirmation of Purchase: Once the Purchaser has completed the acquisition of the Ticket announced by Seller, FunBuyNet will send a confirmation e-mail to the e-mail informed by the Buyer with the data of the transaction made. This communication will serve as proof of the transaction between the Buyer and the Seller.
10.4. Total Amount Paid by Purchaser. The total value paid by the Buyer FAN comprises the amount of the Ticket defined by the seller, any value of the Ticket's delivery (postal, messenger or other modality at seller's discretion), duly informed and specified one step before acceptance of the offer, fees payable to FunBuyNet and taxes levied on the operation in accordance with Brazilian law.
11. Rules for Cancellation of Purchase
11.1. The Purchaser shall be solely responsible for furnishing all data of the Ticket advertisement prior to the Confirmation of Purchase, including but not limited to: the show; the date of the event; the time of the event; the Ingresso sector; etc.
11.2. In case of repayment of the Buyer FAN, it may, within 7 (seven) days of the date of the Purchase, as long as the event has not occurred, request FunBuyNet to refund the full amount paid. FunBuyNet, under these conditions, will cancel the Purchase immediately upon the request of the Buyer. "
11.3. The return of the amount of the Ticket will only be made upon the physical presentation of the Ticket in the places indicated by FunBuyNet that, after confirming its authenticity, will request the refund to the credit card company or through the means by which the Ticket was made Purchase. The chargeback on the card's invoice will follow the rules, operation and deadlines of each issuing operator / bank.
12. Notification of infringements
12.1. Should any person, FH or not, feel aggrieved in relation to any Ad, may forward to FunBuyNet written notice requesting their withdrawal.
12.2. However, in order not to prejudice FÃ (S) in good faith, the withdrawal of the Announcement of the Site by FunBuyNet will depend on actual proof or strong evidence of illegality or violation of the law, rights of third parties and / or these Terms and Conditions of Use .
12.3. Notifications must be sent to FunBuyNet at atendimento@FunBuyNet.com.br.
13.1. FAN hereby authorizes FunBuyNet, at its discretion, to preserve, store all ads and / or content submitted to the platform / tool, as well as all of its personal data, such as e-mail addresses, Internet Protocol ), date and time information, and other information. The Fan also authorizes FunBuyNet to inform and / or disclose these data in case of legal requirement or if reasonably necessary to: comply with due process of law; enforce these Terms and Conditions of Use; respond to allegations of alleged infringement of third party rights and undue disclosure of third party contact information (eg telephone number, home address), and to protect the rights, property or safety of third parties or FunBuyNet itself and of your FÃ (S).
13.2. FunBuyNet may use credit card processing and / or outsourced online payment management companies as well as companies to monitor platform / tool traffic, which in some cases may store and collect information and data from FAN (S).
13.3. The use of the FunBuyNet platform / tool implies the FH's consent for the collection, storage and use of the personal information provided and its updates, traffic data, IP addresses, among others.
13.4.1. "Cookies" are small text files transferred via the server to the hard disk and stored on the computer (FAN). Cookies can collect information such as date and time of access, browsing history, preferences, and FAN (S) name.
13.6. Whereas FunBuyNet may enter into partnerships with third parties, they may collect information from FÃs such as IP address, browser specification and operating system. These Terms and Conditions do not apply to personal information provided to third parties and stored and used by third parties.
13.7. The platform / tool may eventually contain links to third-party websites. FunBuyNet is not responsible for the content or the security of the FAN information when accessing third party electronic sites. Such websites may have their own privacy policies regarding the storage and preservation of personal information, completely unrelated to FunBuyNet.
13.8. FunBuyNet may work with third-party advertisers to advertise during visits to their platform / tool. Such companies may collect information on FÃ (S) visits to the platform / tool, in order to provide personalized announcements about goods and Services of interest to the FÃ.
13.9. FunBuyNet may use the information and / or data provided and / or collected by FÃ to:
a) apply these Terms and Conditions of Use;
b) monitor FAN activities, using search keywords and new ads to more effectively manage traffic in the tool / platform;
c) provide Services to the FAN;
d) create and manage FAS Accounts; and
(e) provide technical assistance.
13.10. FunBuyNet may also share information collected, such as the browser capability or the FAN operating system, with outsourced service providers, in order to better understand which Advertisements and Services may be of interest to FAN.
13.11. FunBuyNet reserves the right to retain information for the period that it deems necessary for the proper performance of its business, even after the closure of the FAN account, unless expressly expressed by FAN to the contrary.
14. Intellectual property rights
14.1. The elements and / or tools found on the Site are owned or licensed by FunBuyNet, subject to intellectual rights in accordance with Brazilian laws and international treaties and conventions to which Brazil is a signatory. By way of example only, texts, softwares, scripts, graphic images, photos, sounds, music, videos, interactive and similar resources, trademarks, service marks, logos and "look and feel" are understood as such.
14.2. FunBuyNet reserves all rights not expressly provided in relation to the platform / tool, its elements and / or tools. FAN undertakes not to use, reproduce or distribute any elements and / or tools not expressly permitted by FunBuyNet - including the use, reproduction or distribution for commercial purposes of the ads and / or content extracted from the platform / tool. If Fã makes any copy, whether download or print, FunBuyNet elements and / or tools for personal use only, it must preserve all inherent intellectual property rights. The FAN agrees not to circumvent, disable or otherwise interfere with features and / or tools related to the security of the Site, otherwise it will incur the appropriate legal measures.
15. Limitation of Liability and Warranty
15.1. FunBuyNet does not guarantee that FANS Sellers will succeed in being able to sell their tickets or that Fans Buyers will find the tickets for the events they want, on the date and time they wish and in the exact sector they wish.
15.2. FunBuyNet, because it is not responsible for organizing and managing the events, does not guarantee and has no responsibility for any changes made by the organizers, promoters and / or producers of the event, regarding:
a) dates of the event;
b) times of the event;
c) location of the event;
d) changes and updates to the schedule of the event, including, but not limited to: artists; presentations; etc.
15.2.1 The Purchaser agrees to monitor all eventual changes and updates related to the event, including after the completion of the Purchase of the Ticket (s).
16. General rules, applicable law and jurisdiction
16.2. The parties elect the Forum of the Shire of the Capital of the State of residence of the FÃ as being the only competent to resolve any litigation and / or demands that may involve the Parties in relation to the use and access of the platform / tool, that is considered Consumer, in the exact terms of the Code of Consumer Protection.
16.3. FunBuyNet's inability to enforce or enforce any right or provision of these Terms and Conditions of Use does not represent a waiver of such right or provision.
16.4. In the event that any item, term or provision of these Terms and Conditions of Use shall be declared null or void, such nullity or inapplicability shall not affect any other items, terms or provisions contained herein, which shall remain in full force and effect.