Terms of Service for Users of the Tixify RFID Services
If you are visiting an event that uses Tixify RFID Services, you are bound by the following Terms and Conditions of the service.
Please read these Terms carefully. By using the card or wristband, and/or the services associated with it you agree to comply with these Terms.
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- The event you are attending is a cashless event. You will only be able to pay for goods and services using a card or wristband embedded with a Tixify RFID chip.
- You may also require this card or wristband to enter certain areas of the event site.
- Cards and wristbands are operated by Tixify Limited through RFID technology, and will be issued to you on entry into the event when you hand over a valid ticket. If we or the Event Organizer grant you access to the event without a ticket, we may issue you with a card at our sole discretion.
- These terms and conditions (“Terms”) govern the relationship between you, the Event Organizer and Tixify Limited in relation to your use of the RFID technology, your online account and the services associated with this.
- By accepting these terms and condition you understand and accept that the Event Organizer and Tixify Limited may use third party services and hosting partners to provide the necessary hardware, software and related technology required to run the RFID cashless service.
In order to use your card or wristband to purchase goods or services at the event you must credit it with funds. You can credit your card or wristband using any of the following methods.
- Online through the Tixify Online Event Portal using a credit or debit card either before or during the event once you have created an online account. The online account will enable you to either (i) make a one-off credit to your card or wristband; or (ii) make use of our “auto to up” function which once selected will authorize us to credit your account with a predetermined amount of any amount (as selected by you) when you run out of funds on your card or wristband; or
- at the top up booths at the event site using exact cash, debit or credit card; or
- purchasing credit vouchers from the Event Organizer.
The availability of any of the above methods depend on what the Event Organizer has chosen to make available for the event.
- During the event, you must at all times keep your card or wristband in a secure location on your person.
- You might need to use your card or wristband in order to access certain areas of the event and to enter and exit the event. Access to such areas and the event will be subject to the terms of your ticket and such other terms as are applicable to that area and/or the event.
- You can purchase goods and/or services from vendors at the event by touching your RFID chip on a reader located at the point of purchase, provided that you have enough credit on your card or wristband to pay for the entire transaction.
- The available balance on your card or wristband will be reduced by the full amount of each transaction.
- Once you have authorized a payment using your card or wristband, we cannot change, cancel it or provide you with a refund. Refunds for goods or services purchased from an event vendor may be processed by that vendor but will be subject to the terms of your agreement with that vendor.
- We are not a party to any contract between you and a vendor at the event and shall not be liable for, or in connection with, any goods or services provided or not provided by any such vendor.
- Your card/wristband is not a credit card, debit card, charge card, or cheque guarantee card, it is not linked to your bank account and the balance on your card/wristband will not earn interest.
The terms for refunds of unused credit are set by the Event Organizer. You can view the full Refund Terms and Conditions within the Tixify Online Event Portal for the event you are attending.
- Tixify Limited and the Event Organizer accept no responsibility for the loss, theft or destruction of cards or wristbands, and has no obligation to replace or refund value for lost, stolen or damaged cards and wristbands. If the Event Organizer chooses to issue a new wristband or replace any credit, this will be at their own discretion.
- You may not tamper with your card or wristband, or allow others to tamper with your card or wristband. If we reasonably believe your card or wristband has been tampered with, we reserve the right to disable your account and/or reject you from the event.
- We have the right to disable any card or wristband, user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of these Terms.
It is possible to use a card or wristband without having an online account. In such case the information we receive from or regarding you, directly or indirectly through your use of the card or wristband, will only be used by us:
- to administer your Card’s account, process transactions, provide you with the assistance and services you request;
- to carry out our obligations arising from any contracts entered into between you and us; and
- to monitor and analyze at an aggregated level the organization of the event and the movements of and transactions with Visitors.
It is your responsibility to ensure that any information you provide to us is complete, accurate and that it remains up to date.
The cashless system may be affected by factors outside our control such as system downtime or failure. You understand and agree that Tixify Limited cannot and will not be liable for any direct, indirect or incidental, special, consequential or exemplary damages, including but not limited to damage for loss or profits, goodwill, use, data or other intangible losses resulting from:
- Failure, malfunction, interruption, errors or unavailability of the cashless system, your equipment, the Network, and the Cashless Card Service;
- Viruses that may, despite the precautions taken, occur on the system or the RFID chip;
- Any error and or negligence committed by employees of Tixify Limited;
- Fraudulent falsification of data by third parties’ due to unauthorized intrusion into the system, website or Your Account by third parties;
- Your inability to use the service;
- Unauthorized access to or alteration of your transmission of data;
- Your failure to give proper or complete instructions relating to your bank account details and/ or your online account;
- Any fraudulent or illegal use of the Card or Wristband, the System and/or your online account; or
- Your failure to comply with these Terms and Conditions and any document or information provided by the Event Organizer and/or Tixify Limited concerning the use of the Card or Wristband;
- Any loss that may arise as a result of any negligence on your part including sharing or exchanging your Card or Wristband and/or revealing your account details to a third party. For avoidance of doubt, third party means any person other the registered holder of a Ticket and/or Card/Wristband;
- Any loss or damage which is caused to you or any third party as a result of your Card or Wristband getting lost, stolen or damaged, nor for any loss or damage as a result of the use of your Card or Wristband or online account without your permission or an inaccessibility of your online account.
- Other circumstances whatsoever not within our control including, without limitation, force majeure, error, interruption, delay or non-availability of the cashless system, unavailability of internet, terrorist or any enemy action, equipment failure, loss of power, adverse weather or atmospheric conditions and failure of any public or private telecommunications system, lack of available resources, strikes or labour disputes.
If for any reason other than a reasons mentioned in above, the Services are interfered with or unavailable, the Card operators and the Event Organizer sole liability under this Agreement in respect thereof shall be to re-establish the Services as soon as reasonably practicable.
All warranties and obligations implied by law are hereby excluded to the fullest extent permitted by law.
By agreeing to be bound by this terms and conditions, You agree to indemnify the Event Organizer and Tixify Limited in respect to:
- All demands, claims, actions, losses and damages of whatever nature which may be brought against the Event Organizer and Tixify Limited arising from the malfunction or failure or unavailability of any hardware, software, or equipment, the loss or destruction of any data, power failures, corruption of storage media, natural phenomena, riots, acts of vandalism, terrorism, any other event beyond the Event Organizer and Tixify Limited control, interruption or distortion of communication links or arising from reliance on any person or any incorrect, illegible, incomplete or inaccurate information or data received from You by the Event Organizer and Tixify Limited;
- Any loss or damage that may arise from your use, misuse, abuse or possession of any third-party software, including without limitation, any operating system, browser software or any other software packages or programs.
- Any unauthorized access to your account or any breach of security or any destruction or accessing of your data or any destruction or theft of or damage to any of your device which can be used to access your account.
- Any loss or damage occasioned by the failure by you to adhere to these Terms and Conditions and/or by supplying of incorrect information or loss or damage occasioned by the failure or unavailability of third party facilities or systems or the inability of a third party to process a transaction or any loss which may be incurred by the Event Organizer as a consequence of any breach by these Terms and Conditions.
- Any damages and costs payable to the Event Organizer in respect of any claims against the Event Organizer for recompense for loss where the particular circumstance is within your control.