Terms and Conditions

Terms & Condition

Introduction

Welcome to Ayoloka’s online ticket system (the “Site”). These Terms and Conditions (including any documents referred to in it) (“Agreement”) list the terms of the agreement between you (“You”) and Ayoloka (“Ayoloka” or “We” or “Us”) for the buying and selling of tickets (“Tickets”) and payment gateway (“Midtrans” or “Payment Gateway”), and all other services that We provide (the “Services”). By using our Site, You agree to accept this Agreement.

Scope

Before you may become a member of Ayoloka, you must read and accept all of the Terms in, and linked to, this Terms. We strongly recommend that, as you read this Terms, you also access and read the linked information. By accepting this Terms, you agree that this Terms will apply whenever you use Ayoloka sites or Services, or when you use the tools we make available to interact with Ayoloka sites and Services.

Ticket Sale System

Ayoloka provides a service that allows members who want to buy tickets (“Buyers”) to find members who want to sell tickets (“Sellers”). Ayoloka is only responsible to provide the sales platform and issue entry tickets, and the actual transactions are between the Buyers and Sellers. Once Buyers and Sellers have entered into a transaction, all transactions are processed by the Payment Gateway. Ayoloka is not responsible for any losses incurred should the Sellers fail to confirm bookings made through Ayoloka. Ayoloka is also not responsible for any losses incurred should the Sellers announce that events published on Ayoloka (published by Sellers) are cancelled. Ayoloka is not responsible to issue any refund for any transaction, all refund-related issues should be addressed directly to the sellers.

Requirements

To be a member of this Site, You must agree to accept the terms in this Agreement. You may only use the Services if You can legally enter into and form binding contracts. If You do not qualify, do not use the Services.

Registration

We will not allow You to buy or sell tickets before You have registered with Us. To register, You must provide your real name, address, phone number, and email address.

Username and Password

You will need a username and password to access the Site and use the Services. You are responsible for maintaining the security of your username and password and You are responsible for any action taken under your username or password.

 

Creating Workshop

Listing

To sell tickets, a Seller lists the tickets in the Site database. As part of the listing process, the Seller assigns a price to the tickets and provides information including but not limited to the event, date, section, and sale end date. To list as a Seller, You must provide a valid credit or debit card. You also grant Us a non-exclusive, transferable, worldwide, paid-up, royalty-free right and license to reproduce, modify, adapt, publish and display on the Site and on the sites of our marketing partners your descriptions of tickets listed for sale. This is so we can promote the sale of tickets and items that You list for sale.

Sales Tax

The Seller is responsible for determining whether it/he/she is required to account for sales or value added tax on the sale of the ticket. Ayoloka takes no responsibility for such issues. If the Seller is required to account for sales or value added tax (Indonesia or other) on the sale of the ticket, the Seller should include the sales or value added tax (i.e., total) price when setting ticket prices on the website. Note that this is separate from any sales or value added tax Ayoloka is required to charge on its fees.

Ticket Fulfillment

Once the Seller lists tickets for sale, the Buyer purchases these tickets, and the Seller has confirmed the sale, the Seller is responsible for completing the transaction with the exact tickets the Seller has listed. Tickets sales must be fulfilled via the delivery method indicated at the time of sale directly to the Buyer and no later than the shipping deadline communicated to the seller at the time of sale (“Must Ship By Date”).

Seller Payment

The Seller will be paid 5 – 8 business days after withdraw sales requested. We reserve the right to withhold payment if We have a good faith basis to believe such sales were unlawful or otherwise made in material violation of this agreement.

Ticket Information

Event dates, times, venues and subject matter, which are listed on the ticket, may change. It is up to the Buyer to verify the most recent changes by contacting the box office or referring to official listings for any changes.

Accurate Descriptions

For all tickets You list as the Seller, You warrant that Your descriptions of the tickets accurately detail and describe the tickets offered for sale. You also warrant that you own the tickets and are authorized to transfer or resell the tickets. In the event you are reselling tickets for commercial reasons, you warrant that you have the right to do so.

Other Information

You represent and warrant that any information You provide to us, to other members, or to visitors of the Site (a) is not false, inaccurate, misleading, obscene or defamatory; (b) is not fraudulent; (c) does not involve the sale of counterfeit or stolen items; (d) does not infringe any third party’s copyright, patent, trademark, trade secret, rights of publicity or privacy, or other right; (e) does not violate any law, statute, ordinance or regulation, including without limitation those governing consumer protection, unfair competition, anti-

Indemnity

You agree to indemnify and hold Ayoloka and (if applicable) any parent, subsidiaries, affiliates, officers, directors, attorneys, agents and employees, harmless against all liabilities, costs and expenses (including reasonable attorneys’ fees) incurred by Ayoloka and (if applicable) any parents, subsidiaries, affiliates, officers, directors, agents, attorneys and employees that arise out of any claim asserted by a third party that involves, relates to or concerns any of your actions or omissions on this Site.

Investigations

We may investigate complaints and violations of our policies. You agree to cooperate fully with such investigations, including without limitation providing Us specific information regarding your right to a ticket, the source of a ticket, your acquisition of a ticket, and the price You paid for a ticket.

Violations, Termination and Suspension

We may take any action that We deem appropriate in our sole discretion including without limitation issuing a warning, suspending or terminating service, denying access, removing a listing or recommending You edit a listing. You agree that payments owing to You for sales made through this Site may be suspended or delayed and that We are not obligated to pay You for any sales if We have a good faith basis to believe such sales were unlawful or otherwise made in material violation of this agreement. On termination, Your items may be de-listed if You are a Seller and Your purchases may be cancelled if you are a Buyer.

Disclosure of Information

You agree that We may report any activity that We suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other relevant third parties. We will cooperate to ensure that violators are prosecuted to the fullest extent of the law.

Making Adjustments

If (a) a sale is cancelled for any reason; (b) we reasonably believe that you have committed fraud or other illegal act or omission during any buying or selling activity; (c) you leave a sale unconfirmed for more than 48 hours and do not Report a Problem; (d) you send incorrect, misrepresented, invalid, fraudulent or counterfeit tickets or related passes for any sale or portion of a sale; (f) You otherwise owe Ayoloka a specific amount; or (g) You otherwise breach this Agreement or owe Us a specific amount, then you authorize Ayoloka to withhold payment or charge your Payment Method any amount you owe us and all costs Ayoloka incurs due to your conduct, including but not limited to, a late shipment fee or late delivery fee, reprinting fee, shipping re-routing charges, the cost of replacement tickets or related passes, coupons, gift certificates, refunds, and other costs required to compensate the Buyer or Seller for his or her bad experience. We may also first deduct any amount you owe us from any amount we owe you. Closing of accounts or opening and maintaining more than one account does not alter your total liability to us, and we may combine amounts due to us from multiple accounts.

SAAS

Except for the express warranties stated in this agreement, Ayoloka provides the software, site and services on an “as is” basis and “as available” basis without any warranties of any kind. Ayoloka makes no warranty with respect to its software, any tickets, any event, the services Ayoloka provides, or that sellers or buyers will perform as promised, and Ayoloka expressly disclaims all such warranties, whether express, statutory or implied, including without limitation any warranties of quality, title, non-infringement of third party rights or fitness for a particular purpose. Some jurisdictions do not allow exclusions of implied warranties or limitations on how long an implied warranty lasts, so the above exclusion may not apply to you.

Waiver of Consequential Damages; Liability Limit

Ayoloka expressly disclaims any responsibility for any lost profits or special, consequential, incidental, or exemplary damages (including without limitation indirect and special damages) that may result from the services, the site, or the suspension, termination or malfunction of the services or the site. Ayoloka’s liability to You or anyone else in any circumstance is limited to the lesser of (a) $250, and (b) the total value of all tickets and other items you bought and/or sold via Ayoloka during the action allegedly giving rise to liability. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions or limitations may not apply to you. Under no circumstances is Ayoloka liable for any additional costs You incur if you purchase tickets from a third party for tickets you were unable to purchase on Ayoloka.

Allocation of Risk

You acknowledge and agree that the foregoing disclaimers and limitations of liability represent reasonable allocations of risk, and that the pricing and other terms and conditions of this agreement reflect such allocations of risk.

Release

We are not involved in the actual transactions between Buyers and Sellers. If You have a dispute with one or more members, You release Ayoloka and all affiliated companies, officers, directors, agents, parents, subsidiaries, legal representatives and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.

Tax Indemnity

You agree that Ayoloka is not responsible in any way for the accuracy or suitability of any payment of taxes to any entity on your behalf. You shall indemnify and hold Ayoloka and (if applicable) any parents, subsidiaries, affiliates, officers, directors, agents and employees harmless against all liabilities, costs, interest and expenses (including reasonable attorneys’ fees) incurred by Ayoloka that arise out of any third party or governmental claim that involves, relates to or concerns (i) any local, regional, country, or international tax obligation or amounts due or owing under any tax regulation, law, order or decree or (ii) any dispute concerning the tax status of Ayoloka.

No Agency

You and Ayoloka are independent contractors, and no agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this Agreement.

All Sales are Final

All sales and bids are final. No refunds, cancellations or exchanges will be issued for date or time changes, partial performances, or lost tickets.

Change or Suspension of Site

Ayoloka reserves the right at any time to modify or discontinue, temporarily or permanently, the Site or any part of the Site with or without notice. You agree that We shall not be liable to You or any third party for any modification, suspension or discontinuance of the Site or any Services under this agreement, for any reason. We do not guarantee continuous, uninterrupted or secure access to our service, and operation of our Site may be interfered with by numerous factors outside of our control. In addition, the Site could be unavailable during certain periods of time while it is being updated and modified. During this time, the Site will be temporarily unavailable.

Intellectual Property

Ownership of Intellectual Property

You acknowledge and agree that (i) our patents, trade marks, trade names, service marks, copyrights and other intellectual property (collectively, “Intellectual Property”) is and shall remain our sole property, and (ii) nothing in this agreement shall confer in You any right of ownership or license rights in our Intellectual Property. In addition, You shall not now or in the future contest the validity of Ayoloka’s Intellectual Property.

Copyright

Copyright (c) 2019-2021, Ayoloka. The software and the Site, including without limitation all text, graphics, logos, buttons, images, audio clips, and computer programs, are the property of Ayoloka or its suppliers, and are protected by country and international copyright, trademark and other intellectual property laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of Ayoloka and protected by country and international copyright law. Any unauthorized reproduction, modification, distribution, transmission, republication, display, or performance of the software or the content on the Site is strictly prohibited.