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Purchase Terms
Last Updated 3/30/2023
We are Chainpass Inc dba Cymbal, a Delaware corporation, (“Cymbal”, “We”, Us” or possessively, “Our”). The person or entity agreeing to these Purchase Terms, the entity for which it does so and all persons or entities that any of the foregoing permit to use and access Our platform or your account may be referred to herein, individually as “You” and possessively, “Your”.
PLEASE READ THESE PURCHASE TERMS (“PURCHASE TERMS”) CAREFULLY AS THEY GOVERN YOUR PURCHASE OF TICKETS UTILIZING YOUR ACCOUNT (“ACCOUNT”) ON OUR PLATFORM (“PLATFORM”). YOUR AGREEMENT TO THE PURCHASE TERMS SIGNIFIES YOUR AGREEMENT TO OUR TERMS OF SERVCE (“Terms of Use”) WHICH INCORPORATE THESE PURCHASE TERMS. BY MAKING ANY PURCHASE THROUGH YOUR ACCOUNT, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE PURCHASE TERMS AND THE Terms of Use. IF YOU DO NOT AGREE TO THESE PURCHASE TERMS OR THE TOS, THEN YOU MAY NOT MAKE ANY PURCHASES THROUGH YOUR ACCOUNT NOR ACCESS AND USE OUR PLATFORM. WE MAY MODIFY THESE PURCHASE TERMS AND/OR OUR PLATFORM IN OUR SOLE DISCRETION.
1. Cymbal and Organizers
We are a disclosed Ticketing agent selling digital tickets (collectively “Tickets” and singularly, ”Ticket”) to events (“Event(s)”) of those entities or individuals organizing or promoting the Event, including without limitation, an artist or his or her manager, booking agent or label, a producer or promoter of the Event, or a venue where the Event is to take place (“Organizer”). Organizers are third parties who are not connected in any way to Us. Organizers are solely responsible to You for the applicable Event.
2. Purchase of Tickets
2.1. To order (“Order”) and purchase (“Purchase”) Tickets (“Purchased Tickets”) to an Event, You must first register for an Account with Us. Each Organizer will have a site or an area on the Platform or a site or an area linked to from the Platform (“Organizer Site”), the first page of which will promote and give information about the Event information about the applicable Event (“Event Page”). From there, subject to these Purchase Terms, You will have the ability to order (“Order”) Tickets. We have the right to accept Your offer by sending you an email confirmation of Your Order and Your purchase of the Tickets.
2.2. Once we send the foregoing confirmation to you, You agree to waive any rights You may have to withdraw from this Contract. This means that once You have Purchased a Ticket, it cannot be exchanged or refunded except as set forth in these Purchase Terms. Your Tickets will be stored in Your Account, and you may retrieve them at any time through a link sent via both SMS and email, having them delivered to the mobile phone registered for Your Account.
2.3. Any Purchased Ticket is governed by and subject to:
- These Purchase Terms;
- The Event Terms and Conditions, if applicable; and
- Any additional terms and conditions of the applicable Organizer which can be found on their respective websites or at the venue itself or which are disclosed during the Ticket purchase process.
2.4. We are not responsible or liable for the quality or nature of any such Event including (but not limited to): Your view or seats at the venue where such Event takes place, or the sound quality, local conveniences or accessibility of the Event; any aspect of the quality of the stream You are able to watch for Events streamed over the internet.
2.5. When You Purchase a Ticket, You obtain a right to attend or watch the Event as granted by the applicable Organizer.
2.6. Any changes to an Event that occur after You have Purchased a Ticket (such as a change of date/time, location, program, or artist, or an Event cancellation) are the sole responsibility of the applicable Organizer for that Event.
2.7. By pressing the 'Purchase Tickets' or similar button on the Organizer' s Event Page, you will then have the ability to order and Purchase Tickets (“Your Order”).
2.8. Upon Purchasing a Ticket, as well as on the day of the Event, You will receive a confirmation to the email address registered to Your Account containing any additional details about the Event. It is Your responsibility to check these details carefully before the Event. Your Ticket is required for entry to the venue or access to the stream and must be presented upon request for each Purchased Ticket. Note that for certain Events, a hardcopy Ticket may be provided to You. In these circumstances, We will notify You by SMS or email at the mobile phone or email address registered to Your Account the arrangements for receiving or collecting Your Tickets. You may be asked by the venue or streaming platform to separately verify Your identity and/or age by providing ID for Events with age restrictions. For streamed Events, access will be communicated to You via Your Ticket, Your Account, and/or emails sent on the day of the streamed Event.
2.9. When Purchasing Tickets via Our Platform, You will be limited to a maximum number of Tickets for each Event as specified on the Event Page or in Our TOS, whichever is lower.
2.10. You must Purchase Tickets only for those Events which You plan to attend. You may not purchase Tickets for the purpose of resale, transfer, or conveyance to any third party. You must purchase Tickets in Your personal capacity and not for commercial benefit or gain.
2.11. Restrictions. Ticket Purchasers shall not:
- Restrict or inhibit any other person from using Our Platform.
- Use the Tickets for any unlawful purpose.
- Impersonate any person or entity, whether actual or fictitious, including any employee or representative of Our company in connection with the Tickets and/or purchase and/or use thereof.
- Order, or attempt to order, a number of Tickets for an Event that exceeds the stated limit for that Event.
- Use any Account Credentials to participate in a presale or other offer on Our Platform if You did not receive Account Credentials from Us, or if You violate the terms of the presale or offer.
- Circumvent, disable or reverse engineer any digital rights management, usage rules, or other security features of any Ticket or attempt to do so.
- Decode, decrypt, modify, or reverse engineer any Tickets or underlying algorithms or barcodes used on or in production of Tickets.
- Access, reload, or refresh transactional event or ticketing pages, or make any other request to transactional servers more than once during any three-second interval.
- Request more than 1,000 pages of Our Platform in any 24-hour period, whether alone or with a group of individuals.
- Make more than 800 reserve requests on Our Platform in any 24-hour period, whether alone or with a group of individuals.
- Reproduce or scan tickets in a format or medium different from that provided by Us.
3. Cancellations, Postponements, and Changes
3.1. Purchased Tickets cannot be exchanged or refunded except in the following circumstances:
- If an Event is cancelled by the Organizer, the Organizer is responsible for refunding the original Ticket proceeds to You. We will arrange for the full refund to You on the Organizer's behalf and subject to Us obtaining the funds to be provided from or on behalf of the Organizer. We aim to do this within five working days of the Organizer returning the original proceeds to us to enable Us to process refunds.
- If an Event is postponed by the Organizer, Ticket Purchasers may be given the option (subject to local laws and regulations) to exchange their existing Ticket for a new Ticket for the rescheduled Event date, receive a voucher for the full Ticket price, or a full refund.
3.2. If an Organizer notifies Us of any changes to an Event, We will:
- Send a text message to the mobile phone number and an email to the email, as both are registered on Your Account informing You of the change; and
- Inform You about the Organizer's procedure for reimbursements and refunds, where appropriate.
3.3. We will not reimburse the cost of Purchased Tickets after an Event has taken place unless instructed otherwise by, and at the discretion of, the Organizer. You will not be entitled to a refund if You fail to attend an Event or make an error when purchasing Tickets (for example You buy the wrong quantity or the wrong time zoned Ticket for a streamed Event). You will not be entitled to a refund if You cannot view a streamed Event for technical reasons not caused by Us. In no circumstances will a refund be issued if requested for an Event due to take place within 24 hours of the request.
4. Prices and Fees
4.1. We accept payment with any credit or debit payment card, as well as Google Pay, Apple Pay, Android Pay and any other payment methods that may be indicated on the Platform (collectively, “Payment Cards” and individually, ”Payment Card”) You must pay for Your order before the Ticket(s) are delivered. The price of a Ticket will include the face value of the Ticket, any applicable taxes, a service charge and a Payment Card processing fee, if any (collectively, “Payment Price”) which will be indicated when You place Your Order. The Payment Price of a Ticket may go up or down over time, but You will pay the Payment Price shown when You placed Your Order.
4.2. We take all reasonable care to ensure that the price of the Ticket(s) set out on the Order are correct. If We discover an error in the price in Your Order, We will contact You to give You the option of either reconfirming Your Order at the correct price or cancelling Your Order. We will debit or refund Your Payment Card used for payment of the Order, as applicable. If We are unable to contact You, You agree that We may treat Your Order as cancelled.
5. Accidental Purchases
5.1. You are responsible for checking the Event details before Purchasing a Ticket to ensure that the Event's artist, date, time, location, age limit, and any other restrictions are acceptable to You. You will not be eligible for a refund in instances where such restrictions prevent Your attendance.
5.2. Streamed Events will sometimes be shown at multiple times to suit viewers in different time zones. The time zone stated in the Event description is fixed, and unless otherwise stated does not exclude users from outside that territory or time zone from purchasing. It is Your responsibility to check that the time zone for Purchased Tickets. We cannot guarantee refunds or exchange of Tickets for an alternative time zone if You mistakenly Purchase a Ticket for a time zone that does not suit Your viewing.
6. No Resale of Tickets
6.1. Except where prohibited by local law or regulation, You may not resell or transfer Your Tickets, except for under Section 7 the ‘Limited Right to Transfer Tickets' and only if such reselling or transfer is not prohibited by law or by the applicable Organizer. You may not duplicate a Ticket, for example, by taking a screenshot of the Ticket on Your device or, for live streamed Events, or giving Your access details for Your Account to another person.
6.2. Any resale or transfer (or attempted resale or transfer) of a Ticket in breach of this Section is grounds for the immediate confiscation, invalidation, or cancellation of that Ticket without refund or other compensation and may result in cancellation of the Ticket or full suspension of the original Ticket Purchaser's use of its Account and/ or the Platform general, at Our sole discretion.
7. Limited Right to Transfer Tickets
7.1. For certain Events, as determined by the applicable Organizer and at Our discretion, an individual person who has Purchased a Ticket in accordance with these Purchase Terms and our TOS, may be permitted to transfer the Ticket (“Transferor”) to another registered user of the Platform who is also an individual person (“Recipient”). The Transferor or the Recipient must not be a commercial entity or enterprise. Ticket transfer can be done at any time prior to the Ticket transfer cut-off date and time specified by the Organizer, provided that the conditions below are met:
- The Recipient is an individual person who plans to attend the Event;
- The Recipient's mobile number associated with the Platform is stored and accessible from the contact list or phone book of the Transferor's personal device; and
- The Recipient has successfully registered and created an Account using its name, mobile number and email address.
7.2. We provide this ability to transfer tickets to another individual to facilitate the transfer of the rights to a Ticket between individual persons not acting in a business capacity. The transfer does not extend to the payment for the Ticket, which must be arranged separately and directly between the Transferor and the Recipient.
7.3. In order for Transferor to transfer a Ticket to a Recipient, You must first secure Our permission via email to hello@cymbal.co. and provide the full name and mobile number of the Recipient to whom You wish to transfer a Ticket Due to restrictions placed on Us by Organizers, only Tickets for certain Events may be transferred. Conditions for the Recipient to receive the Ticket are as described above. You must contact Us at least two weeks in advance of the Event date if You wish to transfer a Ticket in this way. If You contact us to transfer Your Ticket with less than this notice period, We cannot guarantee We will be able to fulfill Your request. Any requests to transfer Tickets may be denied at Our sole discretion.
7.4. Transferor is responsible for ensuring that the mobile number of the Recipient is correct. Any Ticket successfully transferred to a Recipient becomes the property of that Recipient and the Transferor then has no rights in relation to the Ticket. We are not responsible for any Tickets mistakenly sent to the wrong Recipient and cannot transfer the Tickets in question back to the Transferor without the Recipient's prior authorization or consent.
7.5. The Transferor is responsible for requesting and arranging any payment for the Ticket separately and directly with the Recipient. Any such payment for the transferred Ticket must not exceed the face value of the Ticket. We are not responsible for any Recipient refusing to pay any Transferor. If an Event is cancelled, a refund will be made to the Transferor as the original Ticket Purchaser by the same means as payment for the Ticket was originally made. The Transferor is then responsible for remitting the refund separately and directly to the Recipient.
7.6. If the Recipient of a transferred Ticket is unable to attend the Event, the Ticket may be transferred again to a new Recipient or returned to the original Transferor using the process set out above.
7.7. Except where prohibited by local law or regulation, it is prohibited for any Recipient to pay more than face value for a Ticket. We will conduct periodic checks with Recipients to ensure that no more than face value was paid for any Ticket. Any transfer of Tickets for commercial purposes is strictly prohibited, including but not limited to using purchased Tickets in sweepstakes, prize draws, competitions, the onward resale through Ticket brokers or Ticket resellers, or any other conveyance that violates these Purchase Terms. Any Transferor found to have requested or received payment from a Recipient above the face value, or found to have transferred (or offered to transfer) a Ticket for commercial use, is in breach of the terms under which the Ticket was sold to Transferor and We may, at Our sole discretion, (i) immediately confiscate, invalidate, or cancel the Ticket without any refund or other compensation (ii) not allow each or both Transferor and Recipient to engage in a transfer of Tickets in the future, and/or (iii) suspend or terminate of each or both of their Accounts.
8. Liability and Warranty Disclaimers
Without limiting anything set forth elsewhere in these Purchase Terms or in the TOS, You agree to the following limitations on liability to the fullest extent permitted by law:
8.1. We assume no responsibility for Tickets purchased through third parties or unofficial sales points. We are not responsible for any differences in price with other media or sales channels. Such third party sales will not be subject to these Purchase Terms, but rather, their own purchase terms.
8.2. We are not responsible for:
- Loss or theft of personal mobile devices, any Tickets stored within Your Account or any lost or stolen mobile phone or any hardcopy Tickets once you receive them. Ticket takers at the applicable venue for an Event are generally provided with a door list with names of individuals who have purchased Tickets through the Platform. The applicable Organizer may seek to allow You to gain entry to the Event without Your mobile phone by You speaking to Us or the Event representative who will ask for ID verification in order to allow access to the Event. However, this is not guaranteed.
- Any personal arrangements including travel, accommodation or hospitality relating to the attendance or an Event. Neither We nor the applicable Organizer shall be liable to You for any loss of enjoyment or wasted expenditure.
- Any issues relating to the quality of a streamed Event including but not limited to buffering, pixelation, functionality of the stream, or access to the stream from a specific device, unless such issues are Our fault.
- Any exchange or bank fees incurred by You arising from the normal course of payment or reimbursement.
8.3. Except as otherwise set out in these Purchase Terms, Our liability to You in connection with an Event (including, but not limited to, any cancellation, rescheduling or material change to the program of the Event or the quality of an Event, or Your ability to view a streamed Event) and the Ticket (s) You have Purchased shall be limited to the price paid by You for the Ticket(s) or $100, whichever is lower; or
8.4. We shall have no liability if You are refused entry to, or removed from, an Event by any third party and for any reason.
8.5. COVID-19 and other infectious diseases (collectively, “Infectious Diseases”)
8.5.1. 'Covid-19' means the global outbreak of the respiratory coronavirus disease known as COVID-19 and the virus known as severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) (and any subsequent waves or derivatives of the same). There is a risk of the transmission of Infectious Diseases in any environment where people come together, which is increased in enclosed spaces with an increased number of people.
8.5.2. By Purchasing Tickets to an Event via the Platform, You accept that neither We nor the Organizer can guarantee that You will not be exposed to Infectious Diseases.- You voluntarily accept the risk of being exposed to, contracting or spreading Infectious Diseases. You agree that We and the Organizer are not responsible or liable for any injuries, sickness, or death resulting from such causes. In addition, We are not responsible or liable for any harm that may befall you, or for any damages or liability that may be incurred by You, by or as a result of attending, or trying to attend an Event.
8.5.3. You also agree:
To comply with all health and safety protocols implemented by the Organizer or the venue of the Event (which can be amended at any time according to the latest guidance or legislation, or as otherwise deemed necessary). These protocols may be communicated to You via various channels including but not limited to the Organizer Site, venue signage or as instructed by venue staff at the Event;
To abide by all government guidance aimed at preventing the transmission of Infectious Diseases; and
Not to enter the venue if You believe You may have been infected with Infectious Diseases.
9. Access to Venues and Streamed Events
9.1. Your Purchase of a Ticket to an Event via Our Platform will enable You to attend the Event, or view the live stream, subject always to the terms and conditions specified in these Purchase Terms and Platform usage provisions set forth in the TOS. By purchasing a Ticket on the Our Platform, You acknowledge that the Organizer reserves the right, on reasonable and lawful grounds, to refuse entry or block online access, or remove from the premises any Ticket Purchaser without requirement to offer a refund or other compensation. By way of example, the Organizer may remove a Ticket Purchaser who:
- Has behaved in a manner which, in the reasonable opinion of the Organizer has, or is likely to, affect the enjoyment of other attendees; or
- Uses threatening, abusive or insulting words or behavior, or in any way provokes or behaves in a manner which may provoke a breach of the peace; or
- In the reasonable opinion of the Organizer, is under the influence of alcohol or drugs; or
- Fails, when required, to produce proof of identity or age (as or when appropriate); or
- For streamed Events, fails to comply with the streaming platform's terms of use; or
- Fails to comply with any measures intended to fight the spread of Infectious Diseases or other public health measures.
9.2. By accepting these Purchase Terms, You acknowledge that We shall have no liability if You are refused entry to an Event, or You are removed or blocked from a streamed Event, by an Organizer or otherwise for the actions or inactions of the Organizer.
9.3. Unless stated in the Event copy, all streamed Events are broadcast as live experiences. It is Your responsibility to ensure that You are ready and able to watch the Event ahead of time, in accordance with the instructions sent via Our or the Organizer’s Event communications. Unless otherwise stated, You should assume that streamed Events will not be available to watch after the listed time and date, and that You will not be able to pause or rewind streamed Events.
9.4. To view a streamed Event, You should ensure You have the most up to date version of the of the streaming platform, or You are viewing via an up-to-date web browser on a laptop or desktop computer. Though We do work with a number of streaming platforms and casting configurations, We cannot guarantee functionality when streamed Events are viewed via casting devices, smart TVs, games consoles or other hardware. If for any reason You experience buffering or access issues during a streamed Event, We are unable to guarantee a refund or rewatch opportunity.
10. Suspected Fraud
10.1. We have the right to remove or revoke Your Tickets (including any Tickets transferred to another individual in accordance with Clause 7) and provide a full refund to the Payment Card account holder if Your Purchase is suspected of being fraudulent and/or if We have grounds to suspect that Your Tickets were Purchased using a stolen Payment Card by anyone other than the Payment Card account holder (the ‘Suspected Fraud’).
10.2. We are not obliged to notify You of the removal, revocation or refund, nor provide You with any details of the Suspected Fraud. This is to ensure that those committing fraud are not alerted to the methods of investigation.
10.3. If You believe that Your Tickets have been removed incorrectly due to Suspected Fraud, You may dispute this by contacting our support team at hello@cymbal.co.
11. General
11.1. Certain Events may be recorded for commercial and/or promotional purposes by the Organizer. When accessing the venue or Event. You consent to Your voice, image and/or likeness being captured and used in this way.
11.2. We and the applicable Organizer each reserve the right to obtain photographs, audio or video of all Events for which We make Tickets available for Purchase, including any of the foregoing that may depict Your voice, image or likeness. When accessing the venue or show You consent to Your voice, image or likeness being captured as described in the foregoing sentence, and to us reproducing and/or publishing Your voice, image and/or likeness on the Our Platform, on our website, and in other promotional materials, social networking channels and other materials related to Our Platform for our business purposes.
11.3. Should You have a complaint, please see details of our complaints procedure as set out in our Terms of Use.