TERMS AND CONDITONS – ST. ALBERT RAINMAKER – TICKET SALES

These terms and conditions govern the relationship between you and The St. Albert Rainmaker. There may be additional terms and conditions imposed by an event organizer or venue operator in respect of an event for which you purchase tickets. It is your responsibility to review these terms prior to the purchase of tickets. Please read these terms of use carefully. St Albert Rainmaker may vary these Terms at any time and will post the variations on this Site. By continuing to use the Site after the varied terms are posted, you agree to be bound by the variation.

1.Purchasing tickets or registrations

1.1. When you make a purchase from the Site you acknowledge and agree that:

1.1.a We reserve the right to cancel any ticket and refund the amount paid in full where there has been an error in ticket pricing, whether due to human error or a transactional malfunction of the Site, and offer to rectify such an error by re-processing the transaction with the correct ticket pricing.

1.1.b The event organizer has the right to add or vary the advertised program, seating arrangements and audience capacity and deny admission with reasonable cause including due to intoxication, unsociable behavior, failing to observe lawful directions, possession of invalid or insufficient tickets or ID or health and safety precautions.

1.1.c You are responsible for having your tickets, as purchased through St.Albert Rainmaker, available at the event. No refunds or exchanges are provided for lost or stolen tickets or for a failure on your part to present ticket at the event. It is your responsibility to provide correct e-ticket information (email address) to allow adequate time for the delivery of tickets.

2.Payment

2.1. All credit card purchases are processed through our secure online payment system. The event organizer determines how you may pay for tickets and registrations.

2.2. Tickets purchased on the Site are subject to a non-refundable per order service fee which will be included in the ticket price.

2.3. Unless stated to be otherwise, charges referred to for any tickets or registrations supplied via the Site are stated excluding GST.

2.4. All prices are stated in Canadian dollars.

3.Cancelled, varied, or postponed Events

3.1. The event organizer is surely responsible and liable for providing any refund or comparable ticket where an event is cancelled, varied, or postponed. You should check the terms of sale of the Ticket Seller with respect to its policy on cancelled, varied, or postponed events.

3.2. So that the event organizer can contact you with information relating to your tickets or the event, we may be required to pass on your contact information. We do not authorize the event organizer to send you any unsolicited emails, mail, or “spam”.

3.3. We and the event organizers will use reasonable endeavors to notify ticket holders of a cancellation, variation, or postponement; however, the responsibility to ascertain whether an event has been cancelled, varied, or postponed is yours. We do not guarantee that the ticket holders will be informed of a cancellation, variation, or postponement before the date of the event.

4.Exchanges and refunds

4.1. All ticket sales are final. For clarification, you are not entitled to a refund if:

4.1.a If your ticket is lost, stolen or damaged (including if it is lost in the mail), we are not required to replace it unless we can identify the seat corresponding to the ticket, or in the case of a general admission ticket can identify and cancel the relevant ticket. We may charge a reasonable administration fee in these circumstances.

5.Unauthorised Use

The following are examples of unauthorized use of the Site and therefore such actions constitute a breach of these Terms. You agree that you will not:

5.1. facilitate illegal ticket sales or use the Site to resell tickets of any kind, including by way of unauthorized framing or links to other sites for the purpose of reselling.

5.2. interfere with the proper working of the Site or take any action that imposes an unreasonably large burden on the Site.

5.3. request more than 1,000 pages of the Site in any twenty-four-hour period or make any other request to transactional servers more than once during any three second interval (this applies equally to a group of individuals acting in concert); or

5.4. hack into the Site or utilize automated means to process or place ticket orders including the use of robots, spiders, or other devices to process ticket sales.

6.Permitted Use of the Site

6.1. You may use the Site for your personal use only. You may make a temporary copy of all or part of the Site on your local computer for the sole purpose of viewing it. You may also retain a single permanent copy of a part of the Site for your personal use (including to purchase tickets). You may not otherwise in any form copy, reproduce, modify, create derivative works, publish, or distribute the material on the Site without the prior written consent of St. Albert Rainmaker or as permitted by applicable copyright laws.

6.2 All content, images, software, and designs on the Site (“Content”) are owned by us or used under license or with consent, including from event organizers. The Content is protected by copyright laws. You must not remove any proprietary notice or credits contained on the Site.

6.3. The Site contains trademarks, logos, and trade names of St. Albert Rainmaker, which may be registered or otherwise protected by law. You must not use any trademarks, logos or trade names which are used on the Site. Nothing contained on this Site should be construed as granting any license or right to use any trademark displayed on the Site.

6.4. We reserve the right to enforce our intellectual property rights to the fullest extent of the law.

7.Breaches of Terms

If you breach these Terms or we believe you are or were acting in concert with any person who has done so, we may without prior notice:

7.1. block or limit your access to the Site.

7.2. cancel any tickets, registrations, or ticket orders you have placed via the Site without refund.

7.3. take legal action against you; and/or

7.4. prohibit you from future ticket or registration purchases.

8.Disclaimer and Limitation of Liability

8.1. You use the Site at your own risk.

8.2. We do not guarantee, represent, or warrant that the Site will be free of defects or bugs, or that your access will be uninterrupted, timely or error-free. Your access to the Site may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control.

8.3. We reserve the right to change or discontinue any feature or service on the Site at any time.

8.4. To the extent permitted by law, we exclude all conditions and warranties relating to your use of the Site that are not set out in these Terms.

8.5. The goods and services provided by St. Albert Rainmaker come with certain guarantees that cannot be excluded under Consumer Law. Our liability for any breach of those guarantees is limited to the replacement of goods or re-supply or services or the replacement cost of goods or re-supply of services. As agent for the event organizers, our services to you are solely the facilitation of ticket sales.

8.6. In relation to any express warranty or condition set out in these Terms in connection with goods or services supplied or offered by us via the Site, our liability to you will be limited to the amount(s) paid by you (if any) in respect of those goods or services.

8.7. St. Albert Rainmaker disclaims any and all liability for the acts, omissions and conduct of any event organizers, third party users, promoters, advertisers and/or sponsors on the Site or otherwise related to your use of the Site. We are not responsible for the products, services, actions, or failure to act of any venue, performer, promoter or other third party in connection with or referenced on the Site.

9.Indemnity

You agree to fully indemnify and hold us harmless against any expenses, costs, loss (including consequential loss) or damage that we may suffer or incur as a result of or in connection with your use of, or access to or conduct in connection with the Site, including any breach by you of these Terms.

10. General Provisions

10.1. The Terms shall in all respects be governed by the laws of Alberta, Canada. You consent to the exclusive jurisdiction of the courts in Alberta to determine any matter or dispute which arises under the User Terms.

10.2. If any provision of the Terms is deemed invalid or unenforceable, all or part of that provision will be severed from the Terms and will not affect the enforceability of the remaining provisions of the Terms.

10.3. No waiver of any term of the Terms shall be deemed a further or continuing waiver of such term or any other term. Any failure to assert any right under the Terms shall not constitute a waiver of such right.