Terms of use for Thepointofsale.com (hereinafter the "Site").

Last Updated : 2016-12-22

PRELIMINARY REMARKS

These terms of use (the "Terms") constitute a legal agreement between anyone browsing or using the Site (hereinafter the "User" or "you") and Thepointofsale.com inc. (Hereinafter "Thepointofsale.com" or "we"). Our Purchasing Policy, our Privacy Policy, and other policies, rules or guidelines provided by the Site are also an integral part of the Terms. If you disagree with the Terms, the User must immediately stop using the Site.

  1. ACCEPTANCE OF THE TERMS

    By using the Site, you hereby declare that you have read, understood and agree to be bound by the Terms and any changes that may be made to them. Thepointofsale.com reserves the right, at its sole discretion and without prior notice, to update, modify, add or delete any provisions of the Terms. If Thepointofsale.com makes changes to the Terms, such changes will be effective immediately. The "Last Update" date above indicates to the User when the conditions have been revised for the last time. The User’s continued use of the Site after such date is deemed as an acceptance of the changes to the Terms by the User. The User has full responsibility to periodically verify the Terms and to be aware of any changes that might be made to them.

  2. YOUR ACCOUNT

    By using the Site, the User may, but is not obliged to register an account. The User is solely responsible for maintaining the confidentiality and security of the information of his account and must not disclose this information to anyone. The User is fully responsible for the activities that occur or go through his account and the User agrees to notify Thepointofsale.com in the event that the security or confidentiality of his account is compromised. Thepointofsale.com will not and cannot, at any time, be liable for damages and losses resulting from the unauthorized use of the User’s account.

    The User agrees to disclose and provide information that is complete, accurate and truthful when such information must be disclosed or transmitted for the use of the Site. The User agrees to update the information related to his account in the same manner. You agree that Thepointofsale.com can use this information to keep updated billing information related to the account of the User.

  3. CODE OF CONDUCT

    By using the Site, the User agrees to:

    1. Not use the Website in a way that may violate the Terms;

    2. Not use the Website in a way that may violate the intellectual property rights of third parties or Thepointofsale.com;

    3. Not use the Website in a way that could spread spam, including but not limited to unsolicited advertising or mail or e-mail messages in bulk, including a link to a spam site;

    4. Not use the Website in a way that could spread computer viruses, Trojan horses, worms or any other computer code, files or malicious malware or not, that are designed or intended to disrupt, damage, limit or interfere with the proper functioning of any software, hardware, or telecommunications equipment of any kind whatsoever belonging to Thepointofsale.com or a third party, or to damage or obtain unauthorized access to a system, data, a password or other information that belong to Thepointofsale.com, other users of the Site, or other third parties;

    5. Not (i) interfere or attempt to interfere with the proper functioning of the Site or any activity being conducted on the Site; (ii) bypass any measures that Thepointofsale.com could use to prevent or restrict access to the Site or any element thereof; (iii) use manual or automated software, devices, or other processes to "crawl" or use the "spider" on any page of the Site; or (iv) engage in web harvesting or web scraping of any content of the Site

    6. Use the Services in accordance with all local, state / provincial, national and international laws;

    7. Not (i) submit, post or deliver, in any way, material that harasses, victimizes, degrades, or intimidates an individual or individuals on any basis, including but not limited on the basis of religion, race, sex, sexual orientation or disability; and (ii) submit, post or deliver defamatory; and

    8. Not to obtain a refund or exchange while Thepointofsale.com is forbidden by our customers to provide one, solicit or challenge a rejection of transaction with the company that provides you the credit card you used to buy the tickets on the Site. If you do, your tickets may be cancelled and we may, in our sole discretion, refuse to honour current or future purchases from all credit accounts or online accounts from which such chargebacks were made and we could prohibit use of the Site to all persons in whose name the credit card accounts exist and anyone accessing any online account with the associated credit cards or anyone violating this sub-paragraph.

  4. INTELLECTUAL PROPERTY

    The content, arrangement and layout of the Site, including, but not limited to trademarks, photographs, images, text (as plain text, HTML or PDF) and computer code are the property of Thepointofsale.com,  either by an ownership title or through a licence agreement, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, decompiled or used without the written permission of Thepointofsale.com, which may be withheld in its sole discretion. Any unauthorized use of the content, arrangement or presentation of the Site, computer code, or images or trademarks on the Site or in their possible derivative works may violate civil or criminal laws, including intellectual property laws, and Thepointofsale.com may take legal action accordingly. The above paragraph also applies to the property of third parties used on the Site, including the computer codes of third parties.

  5. SERVICE INTERRUPTION

    From time to time, the Site may be unavailable for short periods of time due to maintenance and/or modifications. As we strive to make this downtime as short as possible, Thepointofsale.com cannot be held responsible for any damage, material or moral, caused by the interruption of the normal functioning of the Site, and disclaims any responsibility for this.

  6. DISCLAIMER

    We provide the Site and its contents to you "as is" and "as available". We try to keep the Site up and running, error-free and safe, but you use it at your own risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including any warranties of title, non-infringement, accuracy, merchantability, fitness for a particular purpose, or guarantees that could occur in connection with transactions or commercial use. We do not warrant that the Site will always be secure or error free or that the Site will still function without interruption, delays or imperfections. We are not responsible for actions or information from third parties, and you release us from any claims and damages, known and unknown, arising from or relating in any way to any claims you have against such third parties.

  7. HYPERLINKS

    Hyperlinks placed on this website may lead to third-party sites. When you access these sites, you do so at your own risk. These sites are not controlled by Thepointofsale.com and the latter cannot be held responsible for the content of websites accessed via a hyperlink or existing hyperlinks on these sites, or any changes or updates to such sites. Thepointofsale.com encourages the User to check the terms of use and / or the privacy policy of these sites. These links are provided solely for information purposes, without any guarantee pertaining to the quality or accuracy. The fact that a site is connected to the Site or the Facebook page of Thepointofsale.com by a hyperlink does not imply an endorsement or joint venture of any kind whatsoever.

  8. COOKIES

    A “cookie” is a file that is stored in your browser and allows to analyze web traffic. It allows web applications to identify you as an individual. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. We use traffic log cookies to identify which pages are being used. This helps us analyze data about web page traffic and improve our website in order to adapt to customer needs. Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you visit. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. However, by not accepting cookies, the use of the Site may be significantly affected.

  9. LIMITATION OF LIABILITY

    In no case shall Thepointofsale.com or our event organizers, advertisers or sponsors be liable to you or any third party, and by this, you knowingly and expressly waive all rights to seek direct damages, indirect, incidental, special or consequential, and all rights to damages and all rights to multiply or increase damages arising from or in connection with the use of the Site, the content, or any products or services purchased on the Site even if we have been advised of the possibility of such damages, and regardless of whether the claim is based on contract, tort or other legal or equitable theory. Without limiting the foregoing, you specifically acknowledge and agree that we shall have no liability in the event of (a) any failure of another user of the Site to comply with the code of conduct; (b) injury or property damage of any nature whatsoever, in contract or tort, arising from your access and use of the Site; (c) any unauthorized access or use of our secured servers and/or parts and all personal and/or financial information stored therein; (d) any bugs, viruses, worms, Trojan horses, defects, viral delay devices or other destructive elements that can be transmitted to the Site or through; (e) any errors, inaccuracies or omissions in any content, or; (f) any ticket lost, stolen or damaged, or failure of an intermediary to submit a ticket. Your sole and exclusive remedy to express your dissatisfaction with the Site is to stop using it. The limitations in this section apply even if the essential objective of any appeal failed. An essential element of the basis of the contract between us is based on the allocation of risk between us. The total amount of liability arising from these Terms or use of the Site may not exceed more than one hundred (100) dollars or the amount that you have paid over the last twelve months. In any case, the User's attorneys' fees may not be awarded or recovered.

  10. INDEMNIFICATION

    The User agrees to defend, indemnify and hold harmless Thepointofsale.com, its directors, officers, directors, shareholders, employees, affiliates, representatives and event organizers of all monetary condemnation in principal, interest, fees judicial and extrajudicial and any other damages, including without limitation, all reasonable legal costs incurred by Thepointofsale.com related to any claim, suit or action ("Claim") arising from non-compliance by the User or any user of your account or these Terms. Thepointofsale.com reserves the right to participate in the defence of any Claim and to be represented by counsel of its choice.

  11. NEWSLETTER OR OTHER COMMUNICATIONS FROM THEPOINTOFSALE.COM

    By accepting these Terms, the User agrees to be part of Thepointofsale.com’s mailing list and that of the organizer of the event for which the User purchases tickets and allows each of Thepointofsale.com and the organizer of the event to communicate with the User pertaining to the information about the use of the Site, products and services offered on the Site or events, news and special offers of the Site or events, new tests and other information deemed relevant by Thepointofsale.com or event organizer. At any time the User can unsubscribe from Thepointofsale.com’s mailing list by contacting us at the following email address info@thepointofsale.com and indicate that the User no longer wishes to receive such communications. The fact that you indicate that you want to unsubscribe from such communications does not prevent you from being bound by these Terms and does not operate you to be removed or unsubscribed from the mailing list of every event organizer.

  12. APPLICABLE LAW

    By using this Site, including any order or purchase on the Site, the User acknowledges and agrees that the Terms and any claim, suit, action or demand arising from the use of the Site, including any order or purchase, are governed by the laws applicable in the province of Quebec and applicable federal laws of Canada. Hereby, the User acknowledges and irrevocably submits to the exclusive jurisdiction of the courts of the Province of Quebec in Quebec City regarding all disputes arising out of the Terms and the use of the Site


PURCHASING POLICY

  1. CURRENCY

    All ticket prices for events are payable in the currency set by the event organizer.

  2. PAYMENT OPTIONS

    Thepointofsale.com accepts several payment methods to meet your needs. Thepointofsale.com accepts Visa, Mastercard and Paypal in some cases.

  3. PRICE AND AVAILABILITY

    We sell tickets on behalf of the event organizer, which means that we do not set ticket prices or other event conditions (e.g. location, number of tickets, etc.). Tickets for popular events can be sold quickly. Occasionally, additional tickets may be available prior to the event. In any case, we do not control the inventory or availability of tickets and Thepointofsale.com assumes no responsibility in this regard.

  4. PRICING ERRORS

    If the amount paid for a ticket is incorrect, either because of the erroneous publication of the price on this Site, in another communication, or for any other reason, Thepointofsale.com reserves the right to cancel the ticket (or the sale of the ticket) and refund the amount paid. This applies whether due to human error or technical failure of this Site or other systems operated by Thepointofsale.com.

  5. CONFIRMATION OF ORDERS

    If you do not receive a confirmation number (in the form of a confirmation page or email) after submitting payment information, or if you receive an error message or if you suffer a disruption Service after submitting payment information, it is your responsibility to confirm that your order has been placed or not via your account on Thepointofsale.com or the customer service of Thepointofsale.com. Only you may be aware of the problems that may have occurred during the purchase process. We will not be liable for any loss (monetary or otherwise) if you assume that an order was not completed because you have not received confirmation.

  6. SERVICE CHARGES

    A ticket purchased on the Site is subject to an additional service charge. The service fee shall not, at any time, be repaid. When applicable, a delivery charge per order may also be required. Once an application is shipped, delivery costs cannot, at any time, be refunded.

  7. DELIVERY

    In case the User decides to receive his purchase by mail, he waives all claims against Thepointofsale.com concerning the delivery of the tickets. Thepointofsale.com cannot be held responsible for delays in deliveries of the delivery service operations. The User is aware of the risks associated* with mailing of its purchases and accepts that Thepointofsale.com cannot be held responsible for any wrongdoing regarding ticket or purchase delivery. The User agrees not to claim money or compensation, via an institution or by himself, for not receiving its tickets. Where applicable, the User declares to be aware of other delivery means available at the same price or lower price with less risk. When the mail delivery option is selected by the User, Thepointofsale.com agrees, unless otherwise informed by the organizer of the event, to have the tickets placed in the mail within a reasonable time from the date of purchase. A shipping confirmation is sent to the customer by email.

    * The loss, theft, non-delivery, delivery to the wrong address or any other reason which resulted in the loss of tickets.

  8. CONTENT OF THE EVENT

    Artists, groups or persons invited, duration and other content related matters of an event (hereinafter the «Event Content") may be changed or cancelled. Thepointofsale.com is not responsible, at any time contents, for the Event Content, which is at the discretion of the organizer of the event, and Thepointofsale.com assumes no responsibility for your losses resulting from non-compliance or a false representation regarding the Event Content.

  9. EVENTS CANCELLED OR DEFERRED

    Tickets purchased on the Site are non-refundable at any time, unless otherwise instructed by the organizer of the event. In case of cancellation of the event for which no other date has been chosen, the refund of your ticket may be made in the manner specified by the organizer of the event and Thepointofsale.com. The service fee shall not, at any time, be repaid.

  10. INVALID TICKET

    A ticket is considered invalid as soon as the ticket is the object of a sworn complaint to the police to the effect that it was stolen.

  11. LIABILITY

    The holder of a ticket agrees and assumes all responsibility of the risks and dangers that may arise from the event and waives any claim for loss or damage resulting from any cause whatsoever suffered by the holder , either before or after the event.

  12. GOVERNING LAW

    By placing an order or a purchase on the Site, the User acknowledges and agrees that the Purchasing Policy, which is an integral part of the Terms, and any claim, suit, action or demand arising from a command or purchase is governed by the laws applicable in the province of Quebec and applicable federal laws of Canada. Hereby, the User acknowledges and irrevocably submits to the exclusive jurisdiction of the courts of the Province of Quebec in Quebec City in all disputes arising out of the purchase policy.


PRIVACY POLICY

This privacy policy is to inform the User of the information we collect, how we use it, the people with whom we share it and the choices you can make about the use and disclosure of your personal information. This policy outlines the circumstances in which your use of the Site or its services is equivalent to a consent for the collection, use and disclosure of your personal information to Thepointofsale.com for the purposes described in this policy and the circumstances in which Thepointofsale.com must obtain your express consent.

  1. COLLECTION OF INFORMATION

    We collect information about you. To this end, we collect the following information:

    1. We collect your contact information. We may collect your name, complete address, phone number and email address;

    2. We collect your payment and billing information when you buy a ticket, especially your credit card number and information related to your PayPal account, if applicable;

    3. We collect demographic information. We may collect information about the items you like or the products you buy on the Site or as part of a survey;

    4. We collect other information about your online activities. We may collect information about the browser you use or we could look at what site you came from.

  2. USE OF THE INFORMATION

    We use the information collected in the following way:

    1. We use the information to respond to your requests or questions. For example, we may use your information to confirm your registration for an event or contest;

    2. We use the information to improve our products and services. We may use your information to personalize your experience with us or display the content according to your preferences;

    3. We use the information for marketing purposes. For example, we may send you information about promotions, special offers. We could introduce new features or new products. It may be our own offers or our products, or offers or third parties of products that we think you'll find interesting;

    4. We use the information for security purposes. We may use the information to protect our business, our customers or our Site;

    5. We use the information to send you transactional communications. For example, we may send you email on your account or ticket. We may also contact you about this policy or our Site.

  3. DISCLOSURE AND SHARING OF THE INFORMATION

    We want you to understand with whom we share the information we collect about you, about your activities on our Site, or when you use our services. Consequently, we do not share your personal information, except with your consent, which is expressly granted by your use of the Site and in the following situations:

    1. Event Organizers: we sell tickets on behalf of others. We do not produce events in any way. When an organizer of an event wishes to present an event, it provides Thepointofsale.com information on the event, including the numbers of tickets and the prices at which they wish to sell. In addition, when you buy tickets, you buy or use tickets or services offered by the event organizers. Thepointofsale.com discloses your personal information to the event organizers using secure connections. Event organizers collect and use your information to provide ticketing services. Event organizers may use your information to issue a ticket, to send you important releases about events such as notice in case of cancellation, postponement or time change of an event, to help you if you lose your tickets, for any reason relating to tickets that you purchased. Thepointofsale.com as well as the organizer of events gather the information necessary to send these important notices and to the resolution of service issues for customers, including those that may occur at the box office of the event. Also, if you have given your express consent at the time of the purchase of the ticket, the organizer of the event may contact you to inform you of upcoming events and special offers. Event organizers may have their own privacy policies governing the use of your personal information. For more information about the privacy policy of a particular event organizer, if you do want to receive communications from him or for any other questions, please contact the event organizer directly;

    2. Suppliers of authorized services: it may be that we share your information with service providers that perform operations on our behalf. Among the services offered by those providers, there are processing orders and payments by credit card, delivery, customer service , assistance with marketing, sales analysis and activities, support for features of our Site, conducting contests, raffles and surveys, as well as the other features of our Site support. These service providers may have access to your personal information for the sole purpose of fulfilling their duties;

    3. Trade partners: we may share your personal information with our business partners to offer you products, services, promotions, contests or drawings via our Site or our services. Our partners may use your personal information in accordance with their own privacy policies. To learn more about the privacy policy of one of our business partners in particular, you must communicate directly with this partner ;

    4. Other cases: using our services and providing us with your personal information, you consent to Thepointofsale.com disclosing this information in the following circumstances :

      1. In response to a requirement by law, including a subpoena, a court order, to a request from a law enforcement agency or other government agency, to exercise or enforce our rights recognized by law, and to defend against a legal claim ;

      2. According to what is reasonably necessary to protect the rights , property and safety of our company, our users and our employees, including investigations or fraud prevention measures and alleged illicit activities or any other wrongdoing , the application of the Terms or application of any other agreements or policies, and the protection of Thepointofsale.com and other visitors of the Site or users of products and services provided or sold by Thepointofsale.com ;

      3. As part of a major transaction of the company, such as the sale of our company, merger, sale of assets or in the unlikely event of a bankruptcy. Any third party to whom we disclose your personal information is authorized to use this information in accordance with this privacy policy only, unless otherwise specified by you.

  4. THIRD-PARTY WEBSITES

    On our Site exists a number of places where you can access hyperlinks that allow you to access other websites which are not subject to the terms of this privacy policy. Third-party websites may request and collect information about you, including personal information and, in some cases, inform us of your activities on these websites. We recommend you to review the privacy policy of each third-party Website that you visit by clicking on "Privacy Policy" generally at the bottom of the Web page you visit.

  5. ACCESS TO YOUR INFORMATION

    If you have an account on our Site, you can view and update your personal information online by visiting the My Account page. You can request a deletion of the account by sending an email to info@thepointofsale.com. In such a case, personal data related to that account will be deleted; however, the data pertaining to orders or purchases will not be deleted for accounting purposes.

  6. RETENTION POLICY

    If you close your account Thepointofsale.com, it may be that we keep some of the information in your account for analytical purposes and for the purpose of integrity, bookkeeping and fraud prevention, recovery of required fees and compliance with the Terms. We consider these purposes important and keeping this information necessary in order to protect the integrity of our Site or our users or to apply any other remedies permitted by law. Moreover, if some of your information has been provided, with your consent, to event organizers or other third parties, use and retention of your information will be subject to the policies of these third parties.

  7. PROTECTION OF PERSONAL INFORMATION

    We take the necessary security measures, including physical, electronic and procedural safeguards to protect your personal information from being accessed and disclosed without authorization. For example, only our authorized employees can access personal information and may do so only when access to such information is necessary for authorized administrative functions and we use firewalls. We demand, from the third parties to whom we disclose your personal information that they at least protect your information in the same way that we do.

    Although we take the security measures required by law, no security system is foolproof. Users must always be vigilant in the treatment and disclosure of their personal information and should avoid sending personal information through insecure email.

  8. OTHER INFORMATION COLLECTED THROUGH OUR SITE

    We use various technologies to collect information from your computer and information about your activities on our Site.

    Automatic Information: When you visit our Site, we collect information from your browser. For example, it may include your IP address, the type and the language of your computer, access times, the content of any undeleted witness that your browser has accepted from us (see "Cookies” section of the Terms) and the addresses of the Websites from which you have been redirected to our Site.

    Other technologies we use are standard Internet technology, for example, pixel tags, web beacons and other similar technologies to track your use of our Site. We insert in the promotional emails and newsletters from web beacons to check whether the messages are open and if you respond. A spy-pixel is a small file placed on a web page that allows a website to perform certain tasks, including count users who visit that page or access controls. We may also receive an anonymous identification number if you access our Site via an advertisement displayed on a third-party website. The information we collect allows us to customize the services we offer to our Site visitors to deliver targeted advertising and to assess the overall effectiveness of our online advertising or other activities.