The platform of services available through the provided URL for the booking, processing, promotion and marketing of tickets for events.
The entity with whom OXYNADE enters into an agreement with respect to the use of the Ticketing Platform.
The person(s) receiving from the Organizer a user name and a password to access the Organizer's Ticketing Platform account.
The person(s) who want(s) to buy tickets, buy(s) tickets or has/have bought tickets for events of the Organizer through the Ticketing Platform.
General Terms and Conditions
These General Terms and Conditions which apply to the use of the Ticketing Platform made by the Organizer and the User.
Services provided by OXYNADE which are strictly associated to the exploitation and support of the Ticketing Platform.
An electronic or paper voucher granting admission to one of the Organizer’s events or venues in accordance with the settings made in the Ticketing Platform, and that the Ticket Buyer has paid for or received for free.
Electronic Ticket sent in the form of an electronic document, or printed out from the platform which has been made available to the Ticket Buyer, and that serves as an admission voucher to the event. An eTicket is usually personalized (shows the name of the Ticket Buyer); invitations are also considered as eTickets.
A Ticket that is generated through the Ticketing Platform whether individually, whether in bulk. An Offline Ticket is never personalized (does not show the name of the Ticket Buyer).
The fee charged for the use of the Platform, typically expressed as a fee per Ticket. This Booking Fee may be charged directly to the Ticket Buyer.
The fee related to the chosen online payment method used by the Ticket Buyer when ordering one or more Tickets.
The website through which the Ticket Buyer can buy or book Tickets. This website can be stand-alone (via redirect) or integrated into the website of the Organizer.
Overall document drawn up by OXYNADE intended for the Organizer, stating all the contractual agreements and prices. If any provision of the Order Form differs from these General Terms and Conditions, the Order Form shall prevail.
Customer Terms and Conditions:
The General Terms and Conditions of use of the Ticketing Platform which apply to the Ticket Buyers and which should be explicitly accepted as such by the Ticket Buyers.
Telephone-based inbound selling facility provided to the Organizer at an additional fee.
These Terms and Conditions, including the Appendices, shall apply to any use made by the Organizer of the Ticketing Platform and the Associated Services provided by OXYNADE. The terms and conditions of the Organizer and/or third party do not apply. By accepting these Terms and Conditions through the use of the Ticketing Platform or the signing of an Order Form, the Organizer enters into a binding agreement with OXYNADE (the "Agreement").
OXYNADE refers to "OYNADE NV", with registered office in Ghent, Belgium, Sassevaartstraat 46/201, company number 0893.070.288, Register of Legal Entities Ghent and account number BE83 3631 2182 9515, BBRUBEBB.
OXYNADE may change these General Terms and Conditions or the Appendices at any time. The Organizer has thirty days to contest these changes, after which the new terms and conditions shall be deemed to have been accepted by the Organizer. If the Organizer does not accept the new terms and conditions, OXYNADE reserves the right to terminate the service.
During the term of the Agreement, the Organizer commits himself to not use any other platform but the Ticketing Platform for selling, booking or otherwise commercialize tickets.
3. Ticketing Platform
The Ticketing Platform shall enable the Organizer to create his own Online Shop through which Tickets for events can be sold. This Online Shop can be adapted according to parameters depending on the wishes of the Organizer. OXYNADE can provide the Organizer with support when creating and setting up his Online Shop.
The Ticketing Platform supports the following ticket types (to be created by the Organizer):
eTicket: these Tickets are sold online and the issuance and payment will be handled by OXYNADE in accordance with these General Terms and Conditions.
Offline Ticket: these Tickets are sold offline and the issuance and payment will be handled by the Organizer.
In order to avoid conflicts during the term of this Agreement (e.g. numbered seats sold twice), the Organizer shall:
Not sell Tickets through any other online channel;
Ensure that the processing of the Ticketing in the Ticketing Platform is accurate and up-to-date.
A Booking Fee shall be charged for every Ticket.
A Transaction Fee shall be charged for the eTickets only.
No Transaction Fee shall be charged for Offline Tickets. OXYNADE does not intervene in the selling of those tickets and bears no responsibility in this respect. The handling of these Tickets is entirely performed by the Organizer.
The Organizer acknowledges and accepts that it is technically impossible to achieve 100% availability of the Ticketing Platform. OXYNADE will nevertheless make every effort to ensure constant website availability. Events related to maintenance, security or capacity requirements, and/or events beyond the control of OXYNADE, such as disruptions in public communication networks, blackouts… may result in brief malfunctions or temporary suspensions of the services provided through the Ticketing Platform.
The Organizer acknowledges and accepts that it is technically impossible to determine with absolute certainty whether the identity specified by the Ticket Buyers is correct. OXYNADE does not give any guarantee in this respect.
The Organizer is solely responsible for the organization and implementation of the events for which he sells Tickets. The Organizer shall provide the Ticket Buyers with correct information on the events and provide them with all necessary support. The Organizer is solely responsible for this information as well as for any change, cancellation or other event that may have an impact on the event and the expectations of the Ticket Buyers. The Organizer acknowledges that by selling Tickets through the Ticketing Platform he creates a direct contractual relationship with the Ticket Buyers, whereby OXYNADE is no party.
In case an event is cancelled, or in case the Tickets should be refunded or changed for any other reason, the Organizer shall be solely responsible and shall indemnify OXYNADE against all the negative consequences in this respect. The Organizer shall notify OXYNADE immediately of any event that may result into the cancellation or modification of the Tickets. At the request of the Organizer, OXYNADE may provide assistance in organizing the refund or modification. Such services will be subject to a separate quotation.
The Ticketing Platform foresees a set of basic conditions that the Ticket Buyer must approve when purchasing a Ticket via the Organizer's Online Shop. These are general conditions determined by the Organizer which may be supplemented by special conditions to ensure that the selling of the Tickets through the Online Shop complies with all the applicable regulations for the selling of such Tickets in the countries in which they are provided.
OXYNADE may adjust these basic conditions from time to time and shall notify the Organizer of this in due time.
The Organizer shall accept the Tickets issued via the Ticketing Platform as admission voucher. The Organizer shall perform the access control on the basis of a guest list, via the list of issued barcodes, or through the validation application of OXYNADE used in combination with a scanner. The validation application can be downloaded via the Ticketing Platform. A scanner and the corresponding software can be rented or purchased from OXYNADE according to conditions to be agreed upon.
5. Rental conditions
OXYNADE provides the Organizer with the material (the "Material") for the duration specified in the Order Form. OXYNADE shall make de Material available for collection at its registered office or shall deliver it to the delivery address stated on the Order Form insofar as this service is listed therein. Installation, setting up or other services not expressly stated in the Order Form, will be considered as an Additional Service and will be charged at the usual rates of OXYNADE.
The Organizer shall accept the Material upon receipt and report any defects. If no defects are reported, the Material is deemed to be delivered without defects.
The Material remains the exclusive property of OXYNADE. The Organizer guarantees that OXYNADE's ownership indications shall not be removed from the Material. The Organizer shall take due care of the Material.
The Organizer shall immediately inform OXYNADE if its assets or Material are seized or risk being seized, and ensures that the Material shall not be affected by these seizure measures.
Unless otherwise expressly agreed upon in the Order Form, the Organizer must return the Material within three days to the registered office of OXYNADE. The Material shall be checked upon receipt. Defects and damages that were not listed on the delivery receipt at the time of delivery, are supposed to have been incurred during the rental period.
Damaged or lost parts of the Material, including the costs to repair or replace them, will be charged to the Organizer at the rates that OXYNADE shall be applying at that moment. Damage includes, among other things: applying stickers; non-operating parts such as a screen, keyboard, battery...; non-functioning of the device...
To the extent confirmed by an Order Form of OXYNADE, OXYNADE may provide as part of its services promotion activities for an event of the Organizer. Such promotion activities shall only be performed via online channels. OXYNADE shall make every effort to perform these activities in a professional manner, but does not give any guarantee in this respect. The Organizer acknowledges and agrees that he shall be solely responsible for the success of the event. OXYNADE makes no guarantee regarding the number of Ticket Buyers that may be reached via the Ticketing Platform and its related media channels (mailings, websites, banners...) and does not provide any guarantee regarding the minimum number of Tickets sold.
The Organizer shall always mention the link to the ticketing on the event’s website.
OXYNADE has the right to mention the name and logo of the event Organizer on its own websites and on those of its partners, as well as on any printed matter and/or other marketing and/or promotional material. OXYNADE may use for free, without having to pay, all the event related data (which includes, but is not limited to, the title, description, logo, pictures), and this both online and in printed matter. Within this context, the Organizer shall grant OXYNADE a free, non-exclusive license on all material used by the Organizer via the Ticketing Platform and ensures that this license shall not infringe rights of third parties.
7. Call Center
To the extent confirmed by an Order Form of OXYNADE, OXYNADE may provide as part of its services, Call Center facilities for an event of the Organizer.
OXYNADE shall make any effort to provide the Call Center services in a professional manner, but does not give any guarantee in this respect. The Organizer acknowledges and agrees that he shall be solely responsible for the success of the event. OXYNADE makes no guarantee regarding the number of Ticket Buyers reached via the Ticketing Platform and the related Call Center channels, and does not provide any guarantee regarding the minimum number of Tickets sold. Neither does OXYNADE give any guarantee as to the information provided by the Call Center.
If the Organizer decides to use the Call Center activities, the associated costs (premium rate phone number) must be explicitly mentioned, as stated in the Order Form. This requirement applies to all communication channels. The omission of this rate is severely punished by the Code of Ethics for telecommunications. Sanctions imposed as a result of non-compliance with this legislation will be charged to the Organizer.
8. Prices and information
As remuneration for its services, OXYNADE is entitled to a Booking Fee: a fee for each Ticket sold through the Ticketing Platform. This fee is charged to and paid by the Ticket Buyers, unless otherwise agreed in the Order Form.
The price list for Transaction Fees is the one notified to the Organizer in the Order Form. All prices indicated by OXYNADE are exclusive of VAT, unless explicitly stated otherwise. OXYNADE may adjust this price list for Transaction Fees from time to time, provided that it gives notice to that effect not less than 60 days before these adjustments are made.
Booking Fees and Transaction Fees that have been received by OXYNADE will never be refunded to the Organizer or the Ticket Buyers.
The Organizer is responsible for the payment of the VAT and other taxes and duties applied on the Ticket prices.
9. Payment and billing
OXYNADE shall make a monthly payment to the Organizer every 7th day of the following month, unless otherwise agreed upon in the Order Form. The amount to be paid concerns the money of the sold Tickets that has effectively been deposited on the bank account of OXYNADE during the last month, minus the required Transaction Fees (settlement until 23h59m59s).
In case refunds must be made for whatever reason, or if refunds are performed by payment institutions such as Visa, the Organizer will have to compensate OXYNADE for these payments. OXYNADE shall deduct these amounts automatically and monthly from the amounts due to the Organizer. OXYNADE shall draw up a statement and shall pay or charge the difference to the Organizer. The statement of OXYNADE is payable within five days after being sent by email.
In the following cases, OXYNADE has the right to suspend the payouts to the Organizer until after the successful completion of the event:
OXYNADE has reasons to doubt the good organization of the event and/or the creditworthiness of the Organizer;
OXYNADE is unable to check the Organizer's registration at the Crossroads Enterprise Database, or this registration is ineffective because of a defect;
The Organizer has not signed the written Order Form of OXYNADE.
The invoice terms of OXYNADE shall apply to the invoices of OXYNADE (Appendix 2), unless otherwise specified in the Order Form. The invoices of OXYNADE shall be offset against amounts due to the Organizer.
OXYNADE grants the Organizer a transferable and non-exclusive license for the use of the Ticketing Platform. Under this license, this use may only be made online by the Users, solely for the needs of the Organizer and in accordance with the intended use of the Ticketing Platform.
OXYNADE shall be entitled to terminate this license at any time, provided that there is no current ticketing ongoing for an event.
The Organizer acknowledges that the Ticketing Platform is continuously improved by OXYNADE. The Organizer shall only have access to the last edited version of the Ticketing Platform. Each new version or update of the Ticketing Platform replaces the original or previous version as modified version, and shall therefore be subject to all the rights and obligations as stated in the General Terms and Conditions. During the updates, the Ticket Platform may be temporarily unavailable for the Organizer.
11. Scope and limitation of the Associated Services provided by OXYNADE
The Services provided by OXYNADE are strictly limited to all reasonable measures taken to ensure the functioning and availability of the Ticketing Platform and the Material. Services that are not listed in the Order Form, may be delivered by OXYNADE on a time and material basis according to the terms that are applicable at that moment.
OXYNADE shall not check the text or content of the data processed by the Organizer through the Ticketing Platform.
Within the limited scope of his license rights, the Organizer is free to make use of the Ticketing Platform and to use it in accordance with its purpose. Consequently, the Organizer shall assume full responsibility for the content that he processes while using the Ticketing Platform.
12. Telephone and email support
With respect to the use of the Ticketing Platform, OXYNADE shall provide telephone and email support to the best of its ability through its help desk. Requests for telephone and email support should be centralized through one designated person within the organization of the Organizer. The telephone and email support is available on working days from 9:00 am to 12:30 pm and from 1:30 pm until 5:30 pm (CET). "Working day" is defined as all days of the week, except Saturdays, Sundays and Belgian national holidays.
13. Obligations and liability of the Organizer
The Organizer may not grant access to the Ticketing Platform to persons who are not registered Users within the Ticketing Platform. The Organizer accepts full and unconditional responsibility for all operations carried out with the User accounts. The Organizer shall be liable for the confidentiality of his accounts, usernames and passwords; for access to his computer system; and for the acts or omissions of any party that uses an account of the Organizer.
In the event that the Organizer determines or suspects abuse of his account information, the Organizer must change his passwords immediately.
While organizing events and operating the Ticketing Platform, the Organizer must respect (i) all international, national, regional and local laws and regulations and (ii) all codes of ethics, internet regulations, policies and procedures.
The Organizer agrees to never use the Ticketing Platform for illegal purposes or behavior that in any other way would be inappropriate. The Organizer may not process content (i) that is in any way unlawful, provocative, defamatory, illegal, threatening, or harmful or in any other way inappropriate; (ii) that he is not entitled to process in accordance to any law or contractual or fiduciary relationships; (iii) that constitutes an infringement of the rights of any third party, including – but not limited to – patent, trademark, business confidentiality and copyright.
The Organizer may not use or render resources, software or routines that may impair other parties or the proper functioning of the Ticketing Platform, or might impose a disproportionately large load on the Ticketing Platform system.
The Organizer accepts full liability for his accounts and agrees to defend, indemnify and hold harmless OXYNADE and its shareholders, directors, managers, employees, agents, dealers, advisers, parent companies, subsidiaries and affiliates, against all claims, liabilities, judgments, fines, taxes, costs and expenses (including reasonable attorney fees and costs) resulting from or in connection with the violation of these Terms and Conditions or the Appendices by the Organizer.
14. Process of personal data
The parties confirm at all times that they will comply with the general data protection regulation (GDPR).
The Organizer acts as the controller and determines the purpose and the means for the processing. OXYNADE acts as processor under the terms of the processor agreement in Appendix 3.
The Organizer confirms that he has the right to process the personal data and have them processed by OXYNADE. The Organizer accepts full liability for the processing of these data and agrees to defend, to indemnify and hold harmless OXYNADE and its shareholders, directors, managers, employees, agents, dealers, advisers, parent companies, subsidiaries and affiliates, against all claims, liabilities, judgments, fines, taxes, costs and expenses (including reasonable attorney fees and costs) resulting from or in connection with the violation of this article by the Organizer.
The Organizer shall not use the data of the Ticket Buyers for purposes other than providing information about the event for which the Ticket Buyers have ordered Tickets.
15. Property rights on the Ticketing Platform
All intellectual property rights relating to the Ticketing Platform shall remain at all times the exclusive property of OXYNADE. They include the copyright on the structure, organization and full composition of the Ticketing Platform. All manuals, documentation and programs, whether available in a paper version or accessible by remote consultation, will remain confidential and the property of OXYNADE.
The logos and names of OXYNADE and the Ticketing Platform are protected trademarks of OXYNADE. The Organizer may not use, copy, delete, or hide these trademarks without the express written permission of OXYNADE.
The Organizer is forbidden to grant sublicenses or any other rights with respect to the Ticketing Platform.
The Organizer acknowledges that all non-public information and/or data related to the Ticketing Platform, received from OXYNADE, are confidential and an important commercial asset for OXYNADE. The Organizer undertakes to keep this confidential information and/or data strictly confidential and commits himself to not disclose and/or communicate under any circumstances or any way this information to third parties, nor use this information and/or data for his own benefit without the express written permission of OXYNADE. The Organizer may only transmit or disclose the confidential information and/or data to those employees who absolutely need this information and/or data to use the Ticketing Platform and the Associated Services.
17. Liability of OXYNADE
OXYNADE shall use all reasonable efforts to ensure the proper functioning of the Ticketing Platform. OXYNADE declares that the Ticketing Platform was developed in a professional manner and in compliance with generally accepted industry standards. OXYNADE shall continue to improve the Ticketing Platform and ensures that the Ticketing Platform will at all times comply with these standards. However, OXYNADE does not guarantee that the Ticketing Platform will be entirely bug-free or error-free, nor that it will be continuously available or functioning without interruption.
OXYNADE provides the Ticketing Platform "as is". OXYNADE does not guarantee that the functions of the Ticketing Platform meet the performance requirements of the Organizer or that the Ticketing Platform operates in accordance with his expectations. The Organizer accepts his responsibility for the selection of the Ticketing Platform, for the use he makes of it and for the results it allows to achieve. OXYNADE does not offer any express or implicit guarantee, and the warranty of fitness for a particular use is hereby excluded.
OXYNADE can only be held liable for severe misconduct. It cannot be held liable when a defect or malfunction of the Ticketing Platform is due to (i) a defect in the software or hardware that is not caused by OXYNADE; (ii) changes or modifications that were made to the Ticketing Platform without permission of OXYNADE; (iii) failure of the Organizer to report a defect immediately, along with documentation and information relating to the circumstances of the defect.
The Organizer understands that the Ticketing Platform is an online application. OXYNADE cannot be held responsible when a defect or malfunction of the Ticketing Platform is due to network or communication problems.
OXYNADE is not liable to the Organizer or any third party for loss of profit or turnover; unsold tickets; loss of data; refunding of tickets; indirect, consequential or incidental damages, even if OXYNADE has been notified of the possibility of such losses or damages. In case of direct damage, and insofar compensation in kind is not possible, the liability of OXYNADE with respect to the Organizer shall never exceed the amount of the Booking Fees that OXYNADE has received for the Organizer’s tickets during the six months prior to the claim, with a maximum of € 5,000. The Organizer must take all necessary measures that may reasonably be expected to limit the damage.
18. Liability of the Organizer
Without prejudice to the other provisions of these General Terms and Conditions relating to the liability of the Organizer, the Organizer shall indemnify and hold harmless OXYNADE from and against all claims, damages, losses, costs, expenses, obligations, liabilities and legal actions, including but not limited to the interests and fines, reasonable attorney fees and costs, and any amounts that are paid to settle a claim, requirement or legal proceeding that would be brought against OXYNADE or that OXYNADE would undergo, and arises out of, results from or is connected with:
(a) a failure to fulfill or a violation of any obligation stated in these General Terms and Conditions or Appendices;
(b) claims of any nature submitted by a third party who suffers any damage resulting directly or indirectly from the activities of the Organizer in relation to or in connection with the use of Ticketing Platform made by the Organizer;
(c) claims of any nature submitted by a third party who suffers any damage resulting directly or indirectly from the activities of the Organizer with regard to the organization and processing of events;
(d) claims of any nature arising from the Ticketing activity of the Organizer;
(e) the relationship between the Organizer and the Ticket Buyers.
19. Termination of the Agreement
The Agreement between the Parties is of indefinite duration, unless expressly otherwise agreed in writing. It may be terminated by both Parties by means of a registered letter taking into account a notice period of at least six months. The Agreement may be terminated at any time if the other Party is declared bankrupt, being dissolved or went into liquidation.
In the case that OXYNADE observes an act or omission of the Organizer which, in the reasonable opinion of OXYNADE, could be a violation of these General Terms and Conditions or the Appendices, could directly or indirectly harm a third party, or could be inappropriate in any other way; or if a third party informs OXYNADE of a possible disadvantage, OXYNADE will contact the Organizer as soon as possible and in any event within 15 days in order to remedy the violation or the produced disadvantage.
In extreme cases or in the event that the Organizer does not remedy the violation or the caused disadvantage in a timely manner, OXYNADE – at its sole discretion – shall be entitled to immediately and without notice, and without the intervention of Court (by operation of law), block or remove all content and/or terminate or suspend all licenses of the Organizer, without any refund of fees or any other compensation to the Organizer, and with full compensation to OXYNADE.
In case OXYNADE interrupts the services, or if OXYNADE blocks the access of the Organizer to the Ticketing Platform because of this provision, the Organizer shall not be entitled to any compensation from OXYNADE for the damage he would have suffered as a result of this decision. If the Organizer contests the decision of OXYNADE before the Court and the result is favorable for OXYNADE, the Organizer shall reimburse the legal costs and expenses of OXYNADE, including all attorney’s fees.
20. Force majeure
Neither Party will be in default or otherwise liable for any delay or failure in performance of the Agreement if such delay or failure results from a cause which is independent of its reasonable control, including earthquakes, floods, fires, epidemic, riots, absence or delay of transport or communications; or from any act or omission by the other Party or by its employees, agents or contractors.
If one or more provisions of these General Terms and Conditions and Appendices are declared void or unenforceable, the Organizer agrees that this fact does not cause the invalidity or impracticability of the remaining provisions, and that the Organizer and OXYNADE will do their utmost best to replace the provision in question by a valid and enforceable provision that, to the extent possible, shall meet the economic, business or any other purpose of this invalid or unenforceable provision.
The mere fact that OXYNADE does not insist on, nor enforces the strict observance by the Organizer of any provision of these General Terms and Conditions and Appendices, cannot be interpreted as a renunciation or a waiver of the rights of OXYNADE, resulting from this provision, unless this is confirmed in writing.
The rights and remedial actions conferred to OXYNADE under these General Terms and Conditions and Appendices, are complemental and do not deprive OXYNADE of any other right or remedial action that is legally conferred to OXYNADE. All such rights and remedial actions are cumulative and may be exercised separately or together.
All notifications between OXYNADE and the Organizer will be in writing and in Dutch, French or English; if the notifications are sent by email, they are considered to be sent to the Organizer through the email address for notifications that was registered on the Ticketing Platform, and to OXYNADE through the email address email@example.com.
22. Applicable law and jurisdiction
Any dispute of any kind that would result from the consultation and/or use of the Ticketing Platform shall be subject to Belgian law and to the exclusive jurisdiction of the Courts of Ghent (Belgium).
1. Customer Terms and Conditions of the Ticket Buyers
2. Invoice Terms and Conditions of OXYNADE
3. OXYNADE Personal Data Processing Agreement