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Purchase agreement

PURCHASE AGREEMENT

Parties

The parties to the Agreement (the “Parties”) are:

FESTIVAL METROPOLITAIN POUR LA MUSIQUE URBAINE (“Metro Metro”)
4628 Louis-B.-Mayer,
Laval, Québec, H7P 6E4

AND

You (also referred to as the “Customer”, and may be written as “You” or “you”)

Preamble
PLEASE READ THESE TERMS CAREFULLY, WHICH INCLUDE IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. BY PURCHASING TICKETS OR USING THE WEBSITE, YOU ARE ENTERING INTO A LEGAL CONTRACT WITH METRO METRO AND YOU AGREE TO BE BOUND BY THESE TERMS AND ALL ADDITIONAL TERMS INCORPORATED BY REFERENCE.
Thank you for using the Metro Metro online ticketing service (the “Service”). Your purchase of Metro Metro tickets through the Service is subject to the terms of the present Purchase Agreement (the “Agreement”), Terms of Use and the Privacy Policy. When reference is made to the Agreement, it shall also include the Terms of Use and the Privacy Policy, which are incorporated by reference herein as if recited at length and which may be found on the web site of Metro Metro. If there should be inconsistencies between the present Purchase Agreement and the Terms of Use or Privacy Policy, this Purchase Agreement shall prevail.

By purchasing tickets through the Service, you agree to be bound by the Agreement.

If you have any questions about the Agreement, please contact us.

This preamble shall form an integral part of the Agreement.

Purchased Tickets
You hereby agree to purchase and Metro Metro agrees to sell the ticket(s) detailed in your Order Confirmation (as defined below) (the “Ticket(s)”). The purchase of the Ticket(s) grants the ticket holder the revocable licence to attend the event described on the Ticket(s) (the “event”). No other relationship between the Parties, either expressed or implied, is created by your purchase of the Ticket(s). You must be eighteen (18) years or older or have obtained consent from a parent or guardian in order to purchase a Ticket.

The ticket purchases shall be administered by Yoop, our authorized ticketing administrator and payment processor, as a Third-Party Processor, as that term is later defined herein. All inquiries relating transactions as processed by Yoop must be directed to Yoop for handling.
Yoop can be contacted using the information below:

Yoop (9337-4585 Québec Inc.)
Address: 2500-1 Place Ville Marie, Montreal, QC, H3B1R1

Contact email: sales@yoop.app

Order Confirmation
Once your order is confirmed and your payment completed, you will receive a confirmation page and/or email indicating a confirmation number (the “Order Confirmation”). You must keep your confirmation number.

If, for any reason whatsoever, you do not receive a confirmation number or if you receive an error message or encounter a service interruption while you are completing the purchase of Ticket(s), it is your entire responsibility to contact Yoop’s Customer Service Department to confirm whether your order has been properly processed. You are solely responsible for any problem that may occur during the purchase of Ticket(s). In such case, Metro Metro shall not be responsible for any loss (monetary or otherwise) that may result from any problem occurring during the purchase of Ticket(s) through this website, including, without limitation, the failure of a transaction to be completed or confirmed, whether through the actions of Metro Metro and /or its related entities, or a third party.

Orders will be processed only after a billing address and other billing information have been verified. Incorrect billing or credit card account information can delay the processing of the order and the delivery of the Ticket(s). In such case, Yoop’s Customer Service Department may attempt to contact you, using the information provided at the time of purchase. If Yoop is unable to reach you after an initial attempt, it reserves the right to cancel your order and sell your Ticket(s) to another customer.

Obligation to Pay
By accepting the terms of this Agreement, you agree to pay the full price of the Ticket(s) ordered, including any applicable taxes and delivery, convenience and other fees, as described on the Order Confirmation. Ticket(s) prices for events that occur in Canada are stated in Canadian dollars.

Refunds and Exchanges
You must review your Ticket(s) selection before you submit and confirm your order. Subject to the provisions below for an event cancelled and/or postponed, there are no exchanges or refunds once the Ticket(s) have been purchased.

Event cancelled and/or postponed
The event will be held regardless of weather conditions. If the event is cancelled or postponed, Metro Metro may, at its sole and exclusive discretion, either offer you an exchange or a refund. You have the sole responsibility of verifying if the event for which you have purchased tickets through this website is cancelled or postponed. If the event is cancelled or postponed, Metro Metro will inform you through this website about procedures for making an exchange or obtaining a refund. Except for Metro Metro’s obligation to offer you an exchange or a refund if the event is cancelled or postponed, Metro Metro shall in no event be held liable for any damage and/or expense incurred by you as a result of the event being cancelled or postponed.
All sales are final. The Ticket is for the Metro Metro music festival, not a specific artist. Artists, venue and schedules are subject to change without notice. Artist cancellation is not grounds for a refund. All festival performers, including headliners, are subject to change or cancellation at any time without notice. No exchange or refund will be issued if a festival performer is changed or if his/her performance is cancelled, rescheduled or delayed and Metro Metro shall in no event be held liable for any damage and/or expense incurred by you as a result of such change, cancellation, rescheduling or delay.

If the event is cancelled, as a general rule the credit card with which you purchased the Ticket(s) will be refunded. However, Metro Metro reserves the right to decide on an alternative refund or exchange method.

Metro Metro may change its refund and/or exchange policies at any time, at its sole and exclusive discretion. Any change to the policy may be found at the present URL.

Right to Cancel Tickets, Refuse Access
Metro Metro reserves the right to cancel any order of Ticket(s) through this website without refund or compensation and to institute legal proceedings against you if you breach any term or condition of the Agreement or of this website.

Metro Metro reserves the right to request photo ID of the Ticket(s) holder.
The Ticket(s) purchased on this website are revocable licences and admission to a Ticket holder may be refused for any reason (or no reason) at the sole discretion of Metro Metro, its employees, agents, officers or representatives, upon refunding the Ticket’s face value. Except as provided herein, Ticket(s) shall not be redeemable for cash.

Recording, Transmission and Publication
You hereby grant Metro Metro the right to use your image, likeness, actions and statements in any transmission, publication or reproduction of the event in any means or circumstances, without any further permission or compensation.

Use of Personal Information
Any and all collection and use of your personal information will be made in accordance with our Privacy Policy which you can consult on the website of Metro Metro.

Limitation of Liability
By accepting the terms of the Agreement, you assume all risk, liability and responsibility for any and all damages of any nature suffered by you, including, without limitation, bodily harm and loss of property incurred during or in connection with the event. Furthermore, you hereby waive any and all rights to claim damages, monetary or otherwise, or to institute civil, criminal, administrative or legal proceedings against Metro Metro, its affiliates and other related entities or their directors, officers, administrators, employees, representatives and all other persons acting on behalf of Metro Metro, resulting from any cause whatsoever arising either before, during or after the event.

Some jurisdictions do not allow certain exclusions or limitations on warranties or liabilities through laws of general application or through consumer protection statutes, so the above exclusions and limitations may not apply to you. In addition, such laws may provide for additional rights or remedies. If the laws of a particular jurisdiction are applicable and require terms other than those contained in this Agreement or in addition to them, this Agreement shall be deemed modified so as to comply with such laws.

WHILE METRO METRO PROVIDES CERTAIN ENCRYPTION TECHNOLOGIES AND USE OTHER REASONABLE PRECAUTIONS TO PROTECT PERSONAL INFORMATION, METRO METRO DOES NOT AND CANNOT GUARANTEE OR WARRANT THAT THE INFORMATION TRANSMITTED THROUGH THE WEBSITE IS SECURE AT ALL TIMES, OR THAT SUCH TRANSMISSIONS ARE FREE FROM DELAY, INTERRUPTION, INTERCEPTION OR ERROR.

Indemnification
You hereby agree to indemnify and hold harmless Metro Metro, its affiliates and other related entities, their directors, officers, administrators, managers, employees, representatives and all other persons acting on behalf of Metro Metro from and against any and all claims, actions, damages or other demands, including, but not limited to, reasonable costs and expenses of litigation such as counsel fees, arising from or relating to your purchase of Ticket(s) (including, without limitation, relating to your presence at the event and to any of your act or omission before, during or after the event).

Applicable Laws and Exclusive Jurisdiction
The Parties hereby agree that this Agreement shall be governed by and interpreted according to the laws applicable within the Province of Quebec in force at the time, without regard to conflict of law provisions. Furthermore, the Parties hereby elect to submit to the exclusive jurisdiction of the Courts of the Province of Quebec, in the Judicial District of Montreal, in respect of any action or proceeding arising out of or related to the Agreement. However, the foregoing clause is in force without prejudice to the rights of Metro Metro to obtain any protective proceeding such as an injunction from any competent court having jurisdiction.
At the exclusive discretion of Metro Metro, any claim or dispute whatsoever arising from or related to the interpretation, application, performance, term, validity, termination or effects of this Agreement may also be settled by arbitration in accordance with the law of the Province of Québec (Canada).

Ticket Conditions
IMPORTANT – No exchange and no refund including, without limitation, as a result of a delay, the rescheduling or the cancellation of the performance of a festival performer or as a result of a change of festival performer. Upon cancellation of the event for which no other date has been selected, Metro Metro may, pursuant to the conditions then in force, offer a refund. Ticket may not be sold or transferred commercially or for promotional purposes, with or without consideration, without the prior written consent of Metro Metro. The ticket may not be used for advertising purposes and may not be subject to a contest, draw, giveaways or sweepstakes without the prior written consent of Metro Metro. Any falsification or resale is prohibited. The ticket is void when declared lost or stolen by the ticket holder. Lost or stolen tickets will not be replaced. The holder of this ticket assumes full responsibility as to the risks and dangers that may result from this event and waives any claim for loss or damage whatever the cause may be, incurred or suffered by him before, during or after the event. The holder of this ticket relinquishes any claim resulting from the capture of his/her image while on the premises where the event takes place and the use and/or transmission of such image for promotional purposes or other. Ticket holder is bound by all rules and regulations in force on the premises where the event takes place. The following items may not be brought on the premises where the event takes place including, without limitation, weapons, alcoholic beverages and illegal drugs. The use of cameras, audio and video recording devices (including when incorporated in cellular phones or other mobile devices) for commercial use is also prohibited. The ticket holder and ticket holder’s belongings may be searched at the entrance. Ticket holders must abide by the security protocol in effect to be allowed entry to the premises where the event takes place and attend the event. Metro Metro reserves the right to deny access to the event to any person whose presence is deemed undesirable and/or evict any patron whose behaviour is considered inadequate with or without a refund of the ticket price.

General
Where a Court of competent jurisdiction declares a portion of the Agreement invalid or unenforceable, the remainder of the Agreement shall remain in force.

The headings in the Agreement are provided for clarity only and do not form an integral part of the Agreement.

Where you have read the Agreement in English, the Parties agree that the Agreement shall be drawn up in the English language. Les parties aux présentes ont convenu de rédiger le présent contrat en anglais. You can also read the Agreement in French on the website of Metro Metro.