Last updated: August 10, 2021
Groovoo, Inc. and/or its affiliates (“Groovoo”, “we” or “us”) operate an online store (“Groovoo Tickets”) located at https://groovoo.io from which you may sell and purchase tickets online.
Groovoo acts as a marketplace, an intermediary between buyers and ticket sellers (Organizers) to facilitate the purchase and sale of event tickets, and as such is not directly involved in the actual ticket sale transaction between the buyers and Organizers. Pricing All prices are in United States Dollars (USD) unless otherwise specifically stated. All sales are final. As tickets sold through Groovoo are often obtained through the secondary market and prices are determined by the individual Organizer, the prices for tickets may be above or below face value. By using or visiting Groovoo or purchasing tickets in any manner from Groovoo, you expressly agree to abide and be bound by these Terms and Policies, as well as all applicable laws, ordinances and regulations.
These Terms of Use apply to the content and functionality of the Groovoo Tickets.
You may give us information about yourself when you visit the Groovoo Website. Our Privacy Policy explains our practices with respect to that information. We may need to send you email and text messages in order to, for example, verify your identity or provide you with important information. You authorize us to send those messages when you visit the Groovoo website and provide your contact details. Standard text or data charges may apply to text messages. Where offered, you may disable text message notifications by responding to any such message with “STOP”, or by following instructions provided in the message. However, by disabling text messaging, you may be disabling important security controls and may increase the risk of loss to your business.
We may require that you create an account to access the Groovoo, including to make purchases. If we do so, you must provide accurate information about yourself when you create an account and ensure that you update us if that information changes. You must ensure that your login details remain confidential. You are responsible for any activity, including any purchases made, under your account. We reserve the right to terminate your account at any time and for any reason.
ALL SALES ARE FINAL; there are no cancellations, returns, or exchanges.
IF AN EVENT IS CANCELLED, you will be given a full refund minus any processing fees.
IF AN EVENT IS POSTPONED OR RESCHEDULED, and the original tickets are valid for entry at the time of the rescheduled event, your order will not qualify for a refund.
ABOVE FACE VALUE, Ticket prices may be above 'face value' listed on the ticket (they may also be below 'face value').
Confirmed orders may be filled with comparable or upgraded tickets if the original tickets are no longer available.
All orders placed the Groovoo or with the customer contact center must be confirmed by the respective seller before the buyer guarantee takes effect.
Our buyer guarantee provides for a full refund in the unlikely event that you do not receive valid tickets in time to attend the event.
The following are the rules ('TERMS') that govern use of the GROOVOO by any user of the GROOVOO ('USER'). By using or visiting the GROOVOO, USER expressly agrees to be bound by these TERMS and to follow these TERMS and all applicable laws and regulations governing the GROOVOO. GROOVOO reserves the right to change these TERMS at any time, effective immediately upon posting on the GROOVOO. If USER violates these TERMS GROOVOO may terminate USER'S access to the GROOVOO, bar USER from future use of the GROOVOO, cancel USER'S ticket order, and/or take appropriate legal action against USER.
All sales are final Since tickets are a one-of-a-kind item and not replaceable, there are no refunds, exchanges or cancellations. If an event is postponed or rescheduled, tickets will be honored for the rescheduled date. New tickets generally will not need to be issued; in the rare case that new tickets are needed, USER will be contacted by the TICKET SELLER.
If an event is cancelled without a rescheduled date, USER will need to contact the TICKET SELLER who fulfills USER's order (hereinafter known as 'FULFILLER') for a refund. The FULFILLER may require USER to return the supplied tickets at USER's expense before receiving any refund USER is entitled to due to cancellation. GROOVOO is not responsible for providing or securing this refund for USER. Any shipping and handling charges are not refundable. Refunds will be processed in the same currency as the original order. Conversion charges, including though not exhaustive of the ones issued by USER's bank, if any, are not covered by GROOVOO or Fulfiller. Neither GROOVOO nor the FULFILLER will issue exchanges or refunds after a purchase has been made or for lost, stolen, damaged or destroyed tickets. When USER receives tickets, USER should keep them in a safe place. Please note that direct sunlight or heat may damage tickets.
4. SAFETY AND HEALTH POLICIES
Due to the uncertainty related to the COVID-19 pandemic, your Event tickets and admission are subject to all stadium and Event Provider safety and health policies. You acknowledge that due to the evolving nature of the pandemic, the Event Provider may continue to develop and update these policies in the intervening time between your purchase and the Event date. By using Event tickets, you acknowledge and agree that you will comply with such policies and your attendance at the Event is conditioned on such compliance. If your admission to the Event is denied or revoked because you have willfully failed or refused to comply with any such safety and health policies of the stadium or Event Provider, you will not be eligible for a refund.
5. Refund Process.
In order to initiate a refund request, Groovoo instructs Consumers to contact the Organizer directly. If no contact information is listed, Groovoo instructs the Consumer to use the contact the organizer button on the event page or such other information posted on the event page. Organizer agrees to administer its refund policy in accordance with the terms set forth on the applicable event page.
When a Consumer requests a refund and the Organizer does not respond by either refunding or denying the request after five (5) days, Groovoo may, in its sole discretion, execute the refund on behalf of the Organizer and collect such sums directly from the Organizer.
4. Disputed Charges By placing an order, USER authorizes GROOVOO to charge USER's method of payment for the total amount, which includes the ticket price, service and delivery fees, and any other optional services USER agrees to purchase. If USER disputes a charge and it is determined that the charge was valid and not the result of credit card or other payment fraud, GROOVOO has the right to seek payment, including all associated fees, by whatever means GROOVOO deems appropriate, including but not limited to using collection agencies and legal remedies. GROOVOO may mitigate its damages by relisting the tickets that are the subject of the payment dispute. USER may lose access to any/all tickets purchased if USER files a dispute with their issuer.
5. Event Listings GROOVOO does not guarantee the accuracy of event information on GROOVOO including but not limited to event name, event location or venue, event start time, or event date. Event start times are subject to change without notice. Changes to an event including but not limited to event location or venue, event start time, event date, performer list, performance type, length of event, and amenities included in a ticket package may be done at the discretion of the venue, performer, promoter or other party responsible for the event each of which are unaffiliated with GROOVOO and GROOVOO has no control over such changes, nor can GROOVOO be liable for any such changes. USER agrees to visit the website of the venue, stadium, team, or performer to find out if there have been any event time adjustments.
Under no circumstances will GROOVOO be responsible or liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages resulting from your use or inability to use the GROOVOO website or for the unavailability of the GROOVOO website, or for lost profits, personal injury, or property damage, or for any other damages arising out of, in connection with, or relating to these Terms of Use or your use of the GROOVOO website, even if such damages are foreseeable, and whether or not you or the GROOVOO has been advised of the possibility of such damages. GROOVOO is not liable, and denies responsibility for, any damages, harm, or losses to you arising from or relating to hacking, tampering, or other unauthorized access or use of the GROOVOO website or your failure to use or implement anti-fraud measures, security controls, or any other data security measure. GROOVOO further denies responsibility for all liability and damages to you or others caused by (a) your access or use of the GROOVOO website inconsistent with our instructions; (b) any unauthorized access of servers, infrastructure, or data used in connection with the GROOVOO website; (c) any bugs, viruses, or other harmful code that may be transmitted to or through the GROOVOO website; (d) any errors, inaccuracies, omissions, or losses in or to any data provided to us; (e) third-party content provided by you; or (f) the defamatory, offensive, or illegal conduct of others.
You agree to limit any additional liability not disclaimed or denied by GROOVOO in relation to the GROOVOO website, GROOVOO website IP, and GROOVOO website Products, to your direct and documented damages; and you further agree that under no circumstances will any such liability exceed in the aggregate the greater of the amounts paid by you to GROOVOO during the three-month period immediately preceding the event that gave rise to your claim for damages, and USD $20.
These limitations on our liability to you will apply regardless of the legal theory on which your claim is based, including contract, tort (including negligence), strict liability, or any other theory or basis.
a. Binding Arbitration: In the event that there is a dispute, claim or controversy arising out of or relating to statutory or common law claims, the breach, termination, enforcement, interpretation or validity of any provision of these Terms of Use, and the determination of the scope or applicability of your agreement to arbitrate any dispute, claim or controversy originating from these Terms of Use, but specifically excluding any dispute principally related to either party’s intellectual property (which such dispute will be resolved in litigation before the United States District Court for the Northern District of California), will be determined by arbitration in San Francisco, California before a single arbitrator. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules. The Expedited Procedures of the American Arbitration Association’s Commercial Arbitration Rules will apply for cases in which no disclosed claim or counterclaim exceeds $75,000 (exclusive of interest, attorneys’ fees and arbitration fees and costs). Where no party’s claim exceeds $25,000 (exclusive of interest, attorneys’ fees and arbitration fees and costs), and in other cases in which the parties agree, Section E-6 of the Expedited Procedures of the American Arbitration Association’s Commercial Arbitration Rules will apply. The arbitrator will apply the substantive law of the State of California, exclusive of its conflict or choice of law rules. If the American Arbitration Association is no longer in business, or refuses or declines to administer any dispute between the parties brought before it, either party may petition the United States District Court for the Northern District of California to appoint the arbitrator. Nothing in this paragraph will preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provisions in this paragraph referencing applicable substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) will govern any arbitration conducted pursuant to these Terms of Use.
Either party may commence arbitration by providing to the American Arbitration Association and the other party to the dispute a written demand for arbitration, setting forth the subject of the dispute and the relief requested.
b. Service of Process: Each party hereby irrevocably and unconditionally consents to service of process through personal service at their corporate headquarters, registered address, or primary address (for individuals or sole proprietors). Nothing in these Terms of Use will affect the right of any party to serve process in any other manner permitted by law.
c. Class Waiver: To the fullest extent permitted by law, each of the parties agrees that any dispute arising out of or in connection with these Terms of Use, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim or dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to these Terms of Use or any of the transactions contemplated between the parties.
d. Provision of an Award: Subject to the limitations of liability identified in these Terms of Use, the appointed arbitrators may award monetary damages and any other remedies allowed by the laws of the State of California. In making a determination, the arbitrator will not have the authority to modify any term or provision of this Agreement. The arbitrator will deliver a reasoned written decision with respect to the dispute (the “Award”) to each party, who will promptly act in accordance with the Award. Any Award (including interim or final remedies) may be confirmed in or enforced by a state or federal court located in San Francisco, California. The decision of the arbitrator will be final and binding on the parties, and will not be subject to appeal or review.
e. Fees: Each party will advance one-half of the fees and expenses of the arbitrators, the costs of the attendance of the arbitration reporter at the arbitration hearing, and the costs of the arbitration facility. In any arbitration arising out of or related to these Terms of Use, the arbitrators will award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with those aspects of its claims or defenses on which it prevails, and any opposing awards of costs and legal fees awards will be offset.
f. Confidentiality: The parties will maintain the confidential nature of the arbitration proceeding, the hearing and the Award, except (i) as may be necessary to prepare for or conduct the arbitration hearing on the merits, (ii) in connection with a court application as contemplated above for a preliminary remedy, or confirmation of an Award or its enforcement, (iii) our disclosure of the Award in confidential settlement negotiations, or (iv) as otherwise required by applicable laws. The parties, witnesses, and arbitrator will treat as confidential and will not disclose to any third person (other than witnesses or experts) any documentary or other evidence produced in any arbitration hereunder, except as required by law or except if such evidence was obtained from the public domain or was otherwise obtained independently from the arbitration.
g. Conflict of Rules: In the case of a conflict between the provisions of this Section 11 and the rules governing arbitration identified in Section 11.a, the provisions of this Section 11 will prevail. If any provision of these Terms of Use to arbitrate is held invalid or unenforceable, it will be so held to the minimum extent required by law and all the other provisions will remain valid and enforceable.
By using the GROOVOO website, you agree that the laws of the state of California, USA, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and GROOVOO.
We have the right to change or add to the terms of these Terms of Use at any time, solely with prospective effect, and to change, delete, discontinue, or impose conditions on use of the GROOVOO website by posting such changes on our website or any other website we maintain or own.
GROOVOO, Inc.
1500 NE MIAMI PLACE
MIAMI, FLORIDA 33132
Leandro Garcia
+1 (786) 962-8444
You should feel free to use these Terms of Use as inspiration for your website terms and conditions. In order to facilitate that use, these Terms of Use are licensed under a Creative Commons Attribution 4.0 International License. However, keep in mind that these Terms of Use were created specifically for the Groovoo website, and you will need to amend and supplement them in order to fit your business. For more detail, please see the disclaimers and limitations in the license terms, and we strongly encourage you to seek the advice of your own lawyer before repurposing these Terms of Use on your own site.