Ticket Tomato (“we”, “our”, “us”, or “Ticketing Agent”) is an online ticketing company which processes ticket purchases and provides registration services for Event Organizer (Promoter) for specific events (the “Services”). The Ticketing Agent is not affiliated with any Event Organizer (Promoter). As used in these Standard Terms the Event Organizer (Promoter) includes both the entity or individual organizing the event for which you are registering or purchasing tickets for, and any other entity providing services or goods to the Event Organizer (Promoter)). The Ticketing Agent is not responsible, and cannot be held liable, for any action, omission, or event related to or arising from the event for which you are registering or for which tickets are being sold or purchased. You can contact the Ticketing Agent directly at:
1. Payment Processing – If you are using your credit card to purchase tickets, your payment will be processed through our gateway Authorize.net. By purchasing your ticket, you agree to these Standard Terms and to the terms and conditions of our gateway processor.
2. Ticket Delivery – The Ticketing Agent delivers all tickets through email, downloadable link or through Will Call should the Event Organizer (Promoter)request this option. The Event Attendee (Ticket Holder) assumes all risk of a lost ticket, theft, delay, damage, or destruction during the delivery process of the ticket or tickets. Tickets that are lost stolen, delayed, damaged or destroyed during delivery, or at any time after delivery, will not be replaced or refunded.
3. Rescheduled/Canceled Events – Event Organizer (Promoter) may cancel or reschedule events. It is at the discretion of the Event Organizer (Promoter) whether to offer to refund the face value of the ticket or exchange the tickets for a similar or equivalent event should a cancellation or rescheduling occur. The Ticketing Agent may assist in providing instructions on our website or via email on how to exchange event specific tickets, or obtain a refund should an Event Organizer (Promoter) cancel or reschedule an event. All service charges are non-refundable and will not be refunded in the event of a cancellation or rescheduled event, unless the Event Organizer (Promoter) agrees to pay the Ticketing Agent directly for the service charges of the Event Attendee (Ticket Holder).
4. Pricing, Additional Charges, Availability, and Seating – All event ticket prices are set by the Event Organizer (Promoter), not the Ticketing Agent. The ticket price generally includes the Ticketing Agent’s service charges, which range from $1.75 to $5 + 3.25% (handling or credit card processing fee) of the ticket price. There may be certain events for which the Ticketing Agent’s services fees may be higher. Additionally:
5. Refunds or Exchanges – All sales are final. All tickets are non-refundable. Please review all ticketing information carefully throughout the process of your ticket purchase. Refunds or exchanges of tickets are solely determined by the Event Organizer (Promoter), unless the event is canceled or reschedule please see (Canceled/Rescheduled Events) additional terms in this agreement for further information. To inquire about a specific refund policy for a specific event, please contact the Ticketing Agent or the Event Organizer (Promoter) directly. All service charges are non-refundable and will not be refunded unless the Event Organizer (Promoter) agrees to pay the Ticketing Agent directly for the service charges of the Event Attendee (Ticket Holder).
6. Order Cancellation – The Ticketing Agent reserves the right to cancel ticket orders for any reason, not limited to incorrect billing information and or fraud. The Ticketing Agent’s service charge will not be refunded for an order cancellation, unless the Event Organizer (Promoter) agrees to pay the Ticketing Agent directly for the service charges of the Event Attendee (Ticket Holder).
7. Resale of Tickets – Tickets purchased through the Ticketing Agent are for individual use only and not for resale. Resale will automatically void tickets and bar any right to refunds, exchanges, and entry into the event. If an Event Attendee (Ticket Holder) is registering or purchasing tickets for or on behalf of a small group of family members, friends, or similar group, then these Terms are binding upon all persons in such group as though such group member was the original Event Attendee (Ticket Holder).
Ticket Tomato attempts to collect the minimum amount of personal data and information as possible. We adhere to the General Data Protection Regulation the European Union instituted. Ticket Tomato maintains PCI compliance for all processing and reviews and regularly updates our status and registration. Ticket Tomato strives to maintain a safe and secure environment that protects the private personal information of Event Attendees (Ticket Holders).
Key Privacy Policies:
9. DISCLAIMER OF WARRANTIES – YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE TICKETING AGENT DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, AND ACCURACY OF DATA.
10. LIMITATIONS ON LIABILITY – TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL THE TICKETING AGENT OR ANY OF ITS OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, ACTUAL, PUNITIVE, AND/OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUES, GOODWILL, USE OR DATA, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, COST OF SUBSTITUTE PRODUCTS OR SERVICES, BODILY INJURY, OR DEATH OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ATTENDANCE AT THE EVENT, REGARDLESS OF WHETHER SUCH DAMAGES ARE UNDER THEORY OF BREACH OF CONTRACT, TORT, NEGLIGENCE, CONTRACT, WARRANTY, STATUTE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING CONTRARY CONTAINED HEREIN, THE TICKETING AGENT’S LIABILITY TO YOU ARISING FROM THESE , THE USE OF OR INABILITY TO USE THE SERVICES OR ATTEND THE EVENT, WILL AT ALL TIMES BE LIMITED TO THE SERVICING CHARGE RECEIVED BY THE TICKETING AGENT FOR THE SERVICES. YOU FURTHER RELEASE THE COMPANY AND HOLD IT HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE AS CITED ABOVE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES AND ATTENDANCE AT THE EVENT.
To the extent the Ticketing Agent may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
11. Dispute Resolution. You hereby agree to resolve any and all controversies, claims, and/or disputes (each, a “Dispute”) arising from or related to your use of the Services or these Terms as follows: