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 FÃÆ'à ¢ 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.
10.5. Cost of FunBuyNet Service: The Buyer Fan will not be
charged for browsing the FunBuyNet platform, but only for purchases and sales
made on the FunBuyNet platform / tool, as defined in these Terms of Use.
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. Privacy Policy and Disclosure of Information
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. FunBuyNet may use cookies to administer FAN sessions)
and store preferences, track information, selected language, and more. Cookies
may be used regardless of FAN (S) registration.
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.
13.4.2. In some cases, outsourced service providers may use
cookies on the platform / tool, which FunBuyNet does not control or access.
Such cookies are not governed by these Terms and Conditions of Use.
13.5. FAN has the option to accept or refuse the use of
cookies on your computer, regardless of registration in the FunBuyNet platform
/ tool, configuring your browser as you wish.
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
16.1. These Terms of Use and any other policies disclosed
by FunBuyNet in the tool / platform establish the full and complete agreement
and understanding between FunBuyNet and Fan Seller and / or Fan Buyer,
superseding and revoking any and all understandings, proposals, agreements,
negotiations and discussions between the parties.
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.