Purchasing Agreement

 

THIS PURCHASING AGREEMENT (“Agreement”) is made by and between The Duchamp Group, Inc., a New York corporation, with a principal place of business at PO Box 3574, Kingston, NY 12402 (“Company,” “FriendlyNYC,” “We,” “Us,” or “Our”), and you, a person, organization or other entity (“You,” “Your,” “Purchaser,” “Buyer,” or “Holder”). FriendlyNYC.com is the website through which The Duchamp Group sells tickets, memberships, certificates, admissions, and/or confirmations that allow You attendance at, access to, or participation in, events, venues and other activities (each, an “Event”). Each ticket that You purchase is a limited license to attend a particular Event, and is subject to the additional terms and/or restrictions that may be set forth on that ticket. The parties, intending to be legally bound, hereby agree as follows:

BY CLICKING “PROCESS MY ORDER,” YOU REPRESENT THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND EXPRESSLY AGREE TO, AND CONSENT TO BE BOUND BY, ALL OF THE TERMS AND CONDITIONS CONTAINED THEREIN. THIS AGREEMENT SHALL HAVE THE SAME LEGAL EFFECT AND FORCE AS A WRITTEN AND SIGNED DOCUMENT.

1. OUR SERVICES AND RESPONSIBILITIES

FriendlyNYC provides the following services: (i) displaying and listing Events produced by The Duchamp Group or as submitted by the Event organizer, promoter, producer, presenter, or manager (collectively “Vendor”); (ii) accepting and processing Your on-line orders for tickets to the Event that You wish to attend; and (iii) providing You with a confirmation number for Your transaction (through PayPal). For some Events, the Vendor has authorized Us to accept and process Your payment for Your ticket purchase; for other Events, you are required to pay the Vendor directly for Your ticket and may be directed away from the FriendlyNYC website to make payment through the Vendor’s PayPal account, through a third-party payment application such as Authorize.net or via cash or check. The payment method for each Event is specified in the Event listing on the Site. WHERE YOU PAY THE VENDOR AND DO NOT PAY ON PAYPAL DIRECTLY , WE DO NOT RECEIVE YOUR TICKET PURCHASE FUNDS AND HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY REFUNDS.

2. PRICING AND AVAILABILITY

The Vendor, in its sole discretion, determines factors such as ticket pricing, availability, availability of individual refunds where an event has not been canceled, and seating locations. Tickets may be sold exclusively through Us or in combination with other inventories from companies not associated with Us. FriendlyNYC exerts no control or authority over the Vendor, ticket prices, availability, seating locations, individual refunds, or any other companies which may be selling tickets to the Events listed on Our website.

3. PAYMENT AND SERVICE CHARGES; FRIENDLYNYC FEE SCHEDULE POSTED ONLINE

Where you pay for tickets through FriendlyNYC, We accept several methods of payment, including but not limited to: Visa, MasterCard, Discover/Novus, American Express and such other payment methods as are permitted by a Vendor. Any tickets purchased on Our website applications are subject to a per-ticket service charge, as shown prior to the time of Your ticket purchase, and, if You pay for Your tickets through FriendlyNYC (generally through PayPal), We may charge a payment processing fee and, if applicable, a refund processing fee, both of which are generally 4.99% of the discounted face value of the tickets (such per-ticket service charge, payment processing and refund fees collectively, “Fees”). Regardless of whether You pay for Your ticket through FriendlyNYC or directly to the Vendor, any refund of Fees is the sole responsibility of the Vendor.

Where a refund of Your ticket price is authorized, Our Fees will be deducted from the refund amount and will not be refunded to You (unless the Vendor chooses to authorize and pay for a refund of Our Fees, in which case Fees will be refunded to You upon payment from Vendor to FriendlyNYC of the applicable Fees). Your order will be processed after Your billing address has been verified. You will receive confirmation that Your order was processed successfully via email shortly after the transaction is completed.

You represent and warrant that any credit or debit card or other billing information that You provide to FriendlyNYC/PayPal is valid and accurate in all respects, and that, if any such information You have on file with us changes, You will immediately update Your information with valid and accurate information before requesting any additional transactions or incurring additional charges through FriendlyNYC. By providing payment card or other financial or payment account information to FriendlyNYC/PayPal, You hereby authorize Us to charge or debit your payment card or other account for the face value of any tickets You purchase, as well as any Fees or other charges (such as taxes) that may be due in connection with any transactions you request through FriendlyNYC. In the event that FriendlyNYC suffers a chargeback or any other monetary loss because of invalid financial or payment account information provided by You, or because of any other act or omission by You in violation of the Agreement, FriendlyNYC shall be entitled to recover from You, in addition to any amounts otherwise owing, its reasonable costs of collection, including, without limitation, collection agency fees, reasonable attorneys’ fees, and court costs.

4. TICKET LIMIT

You will be limited to a certain number of tickets for each Event. The Event listing will contain the maximum number of tickets available to each purchaser, and this number will be verified for each transaction. This policy is intended to discourage other purchasers from engaging in unfair trade practices. If We learn that You are purchasing more than the pre-determined number of tickets for an Event and engaging in practices that We, in Our sole discretion, determine to be unfair, We will terminate Your account and cancel Your ticket purchase without prior notice to You.

5. NO REFUNDS OR EXCHANGES FOR EVENT RESTRICTIONS OR LOST OR STOLEN TICKETS

Before purchasing Your tickets, it is Your responsibility to carefully review all aspects of the Event, Event restrictions, if any (see the paragraph titled “Event Restrictions” for more information), dates, pricing, charges, and seat selection. Except as specifically stated in the paragraph titled “Canceled or Rescheduled Events,” We will NOT issue any refunds or exchanges because You failed to review this information and We will not issue any refunds for any lost, stolen, destroyed, or damaged tickets, or as under any other circumstances except in the limited cases explicitly described in this Agreement. As previously stated, even if a refund is issued by FriendlyNYC, Our Fees will be deducted from the refund amount.

6. ORDER CONFIRMATION AND BILLING INFORMATION VERIFICATION; NO RESPONSIBILITY FOR PAYMENTS TO VENDOR OR THROUGH THIRD-PARTY PAYMENT APPLICATION.

If You do not receive an email confirmation of Your purchase after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is Your responsibility to confirm with Us whether or not Your order has been placed by contacting Our customer support at the address provided below or emailing us at info@DGM360.com. Only You may be aware of any problems that may occur during the purchase process. FriendlyNYC will not be responsible for such losses (whether monetary or otherwise). Orders are processed only after the relevant billing information has been verified.

Also, where You do not pay for Your ticket through FriendlyNYC (i.e., You pay through the Vendor directly through the Vendor’s PayPal account, through another third-party payment application or in cash or check), FriendlyNYC has no responsibility for or control over the security or effectiveness of the payment method. These third-party party applications may experience errors and interruptions and may not be totally secure, and, therefore, You use them entirely at Your own risk. FriendlyNYC does not provide, recommend or endorse any third-party payment application.

7. TICKET DELIVERY

When an Event ticket is purchased solely through PayPal, your confirmation page serves as your electronic ticket. Some Vendors will issue electronic tickets using a different format. If the Event offers electronic ticket delivery, You will be able to print Your tickets after Your order is processed. When electronic tickets are issued, it shall be considered a physical ticket that has been received by You. Such electronic tickets must be brought with You to the Event. Some Events will require a traditional physical ticket. These tickets will either be shipped to You from Us or from the venue where the Event will be held. Some Events will require You to proceed to the call window to obtain Your tickets prior to entry. Other Events will allow You to be admitted directly. All of this information will be displayed on the Event listing, so please read and review the Event listing carefully.

8. EVENT ADMITTANCE

You understand that You must bring printed tickets and/or the confirmation information with You to the Event. Additionally, while not all Events require identification, on some occasions, government-issued identification will be required by the Vendor. For this reason, We recommend that You bring a valid and current government-issued photo identification (“ID”) with You to the Event. When arriving at an Event, there will only be one entry per ticket. If there are multiple parties attempting to enter using the same ticket, only the first party that arrived with the ticket will be admitted.

9. EVENT RESTRICTIONS

Some Events listed on Our website may have certain restrictions. For example, some Events will only admit people over twenty-one (21) years of age or must have a certain affiliation, such as being a student at a particular educational institution. It is Your responsibility to determine if a particular Event restriction applies to You (and Your party, if applicable) and to fulfill all criteria in order to gain admittance. No refunds will be given if You are declined entry to an Event due to a restriction.

10. CANCELLED OR RESCHEDULED EVENTS

Occasionally, an Event is cancelled or postponed by the Vendor due to weather or other unforeseen circumstances. In certain instances, We may also cancel an Event due to problems with the Vendor or the Event listing. If an Event is cancelled, We may post a notice of cancellation on Our Website under the Event listing promptly after We receive notice of the cancellation or otherwise attempt to notify You. If this happens, and if You have paid FriendlyNYC directly for Your ticket, We will issue a refund as quickly as possible after We have notice of the cancellation. If You learn that an Event is cancelled, moved, or rescheduled, please contact Us at Our customer support address set forth below for information on receiving a refund. Please include Your name, the Event, and Your confirmation number. PLEASE NOTE THAT, AS STATED ABOVE, IF YOU HAVE PAID THE VENDOR FOR YOUR TICKET (AND NOT FRIENDLYNYC), FRIENDLYNYC HAS NO RESPONSIBILITY OR LIABILITY FOR, OR CONTROL OVER, THE ISSUANCE OF ANY REFUND.

Where you have paid for Your ticket through FriendlyNYC, any refunds issued to You will be provided ONLY AFTER Our receipt of payment of the refunded amount from the Vendor. Any refund issued by FriendlyNYC will be applied to the credit or debit card or other payment account You used to purchase Your ticket; FriendlyNYC shall not be responsible if you fail to receive Your refund because your account information on file with FriendlyNYC is no longer valid or up-to-date. Any refunds of FriendlyNYC’s Fees are the sole responsibility of the Vendor and will not be included in a refund from Us unless the Vendor has previously reimbursed FriendlyNYC for the refund of the applicable Fees. FriendlyNYC does not assume responsibility to make refunds to any person other than the person who ordered the tickets as shown by Our records, regardless of whether or not the tickets purchased by You have been transferred in accordance with this Agreement.

11. TRANSFER

If an Vendor permits it, Tickets purchased by You may be transferred to other parties. If you are purchasing tickets for Yourself and on behalf of other parties, You, as the primary ticket holder, may resell or transfer these tickets to the other parties. When arriving at an event, there will only be one entry provided per ticket. If there are multiple parties attempting to enter using the same ticket, only the first party that arrived with the ticket will be admitted. It is Your sole responsibility to comply with any applicable federal, state, or local laws that relate to the resale, transfer, or other disposition (including so-called “scalping”) of tickets. You are solely responsible, as well, for ensuring that any transferees of Your tickets are eligible to attend the Event and comply with any applicable restrictions for the Event (e.g., age restrictions). This Agreement is not intended to create any third-party beneficiary rights for transferees of tickets, and You agree to indemnify, defend and hold FriendlyNYC, its affiliates, and its and their respective officers, directors, shareholders, members, managers, employees, customers, suppliers, contractors, agents and representatives harmless from and against any and all claims, suits, complaints, actions, demands, proceedings, damages, losses, liabilities, costs and expenses incurred, suffered, brought, claimed, made or alleged by or on behalf of any transferees of tickets, as well as any and all attorneys’ fees and other costs or expenses incurred by FriendlyNYC or any of the other indemnified parties in connection therewith. For tickets for Events sold by FriendlyNYC, tickets purchased from any party other than FriendlyNYC carry a great risk of being fraudulent.

12. LIMITATION OF LIABILITY

YOU UNDERSTAND AND ACKNOWLEDGE THAT FRIENDLYNYC IS PRIMARILY A PROVIDER OF TICKETING SERVICES ONLY, AND WITH THE EXCEPTION OF EVENTS PRODUCED BY THE DUCHAMP GROUP IS NOT AN ORGANIZER OR OTHER PROMOTER OF ANY EVENT LISTED ON OUR WEBSITE, AND HAS NO RESPONSIBILITY FOR OR CONTROL OVER THE CONDUCT OF THOSE EVENTS (OR THE OPERATION, MANAGEMENT OR CONDITION OF THE VENUE IN WHICH THE EVENT IS HELD). YOU ASSUME ALL RISKS, LOSSES AND LIABILITIES INCIDENTAL OR RELATED TO THE EVENT FOR WHICH A TICKET IS ISSUED, WHETHER BEFORE, DURING OR AFTER SUCH EVENT, AND YOU WAIVE ANY CLAIMS FOR PERSONAL INJURY, DEATH, PROPERTY LOSS OR ANY OTHER DAMAGE AGAINST FRIENDLYNYC AND THE DUCHAMP GROUP ARISING OUT OF OR IN ANY WAY RELATING TO SUCH EVENT.

13. TICKET RESTRICTIONS

FriendlyNYC is the event arm of The Duchamp Group, and reserves the right, without refund of any amount paid, to refuse admission to, or eject, any person whose conduct is deemed disorderly, who uses vulgar or abusive language or who fails to comply with FriendlyNYC rules, including any requirement that persons not record or transmit any picture or reproduction of the Event. You and Your belongings may be searched on entry to an Event. Breach of terms or rules will terminate Your license to attend the Event without refund. A ticket is a revocable license and admission may be refused upon refunding the ticket’s face amount. A ticket is not redeemable for cash.