The following pages contain our Terms of Service Policy for Users of our Neighbur Website or Neighbur Mobile App (the “Site”) who purchase or otherwise obtain one or more event tickets (aka Buyers) from other Site users who are looking to sell or otherwise provide event tickets (aka Providers).
This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
Date of Last Revision: June 8, 2021.
This Ticket Purchase Policy applies to users of the Neighbur website and/or smart device mobile software Application (the "Site") which is a part of Neighbur Inc. and the family of companies owned and operated by Neighbur Inc. (collectively, "NEIGHBUR" or “Neighbur” or “our” or “we” or “us”).
This Ticket Purchase Policy is incorporated into and subject to the terms of our Terms and Conditions User Agreement (the “User Agreement”). Terms defined in the User Agreement have the same meanings herein. We reserve the right to amend this Ticket Purchase Policy at any time, with or without notice. If there are material changes to this Ticket Purchase Policy, we will notify you by placing prominent notice on the Site and where applicable to you, thought our Mobile Services. When we post changes to this Ticket Purchase Policy, we may also revise the "last updated" date. We encourage you to periodically review this Policy.
This Ticket Purchase Policy applies to users of the Site who purchase or otherwise obtain one or more tickets (the “Buyers” or “Registered Attendees” or “you” or “your”) from other Site users who would like to sell or otherwise provide Event Tickets to an event they are Organizing (the “Organizer” or “Provider”) which is a part of NEIGHBUR INC. and the family of companies owned and operated by NEIGHBUR INC.
The Purchase, Order or Obtaining of Tickets (hereafter the “Ticket Services”) from a Site Organizer or Provider are offered subject to your acceptance without modification of all of the terms and conditions contained herein, Our User Agreement and all other applicable operating rules, policies and procedures that may be published from time to time on the Site by NEIGHBUR. BY USING OR ACCESSING ANY PART OF THE TICKET SERVICES, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN, THE USER AGREEEMETN AND ALL OTHER OPERATING RULES, POLICIES AND PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME ON THE SITE BY NEIGHBUR. IF YOU DO NOT AGREE TO ANY OF SUCH TERMS, CONDITIONS, RULES, POLICIES OR PROCEDURES, DO NOT USE OR ACCESS THE TICKET SERVICES.
Each ticket that you purchase, order or obtain through the Site is a revocable license to attend a particular event, and is subject to these terms and the terms offered by the event Provider.
If you have any questions about the information herein, please contact us at:
All ticket prices for events that occur in Canada are stated in Canadian Dollars. All ticket prices for events that occur in the United States are stated in U.S.
a) Payments are all transacted through Stripe or Bambora or other third-party payment or merchant account service methods (collectively, "Third Party Payment Systems" or "TPPS").
a) Our Site offers a self-service online ticketing and event marketing application operated by NEIGHBUR INC. NEIGHBUR acts as the Agent to those who are organizing or promoting or otherwise providing the events for which you purchase or otherwise obtain tickets, such as, but without limitation, museums, venues, artists' representatives and fan clubs, promoters and leagues. When you purchase, order or obtain a ticket for an event on Neighbur.com, then the TPPS will be handling the transaction and where applicable, collecting payment on behalf of the event Provider, and if the tickets are mailed, they will be sent from Canada.
b) We do not produce or otherwise bring you events unless we are specifically listed as the Organizer. We act as the Agent to those who are promoting or otherwise providing the events for which you purchase tickets, including, without limitation, venues, clubs, associations, artists, teams, leagues, and others who are involved in producing or bringing you events. Tickets obtained from unauthorized sources may be lost, stolen or counterfeit, and if so, are void.
c) The Organizer is solely responsible for ensuring that all of their event Content and any page displaying their event(s) on the Site (and the event itself) meet all applicable local, state, provincial, national and other laws, rules and regulations, and that the goods and services described in their event Content or on their event page are delivered as described and in an accurate satisfactory manner.
Provider set the ticket prices and determine seating locations and other event criteria. Tickets may be sold through one or more distribution points (e.g., online, telephone, box office, or other) and may be distributed or sold by NEIGHBUR, the Provider and other third-party agents. NEIGHBUR does not necessarily control all the ticketing systems and inventory. NEIGHBUR does not guarantee ticket availability or available quantity or time of availability for any particular event that may be promoted or sold through the Site or the Event Services or the Ticket Services.
If you do not receive a confirmation number (in the form of a confirmation page or email or text message) after submitting online payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm with NEIGHBUR customer service whether or not your order has been placed. Only you may be aware of any problems that may occur during the purchase process. NEIGHBUR will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation.
NEIGHBUR reserves the right to charge a per ticket non-refundable Service Fee, and to charge Delivery Fees if tickets are physically delivered. If Service Fees and/or Delivery Fees are to be charged to you, the fees will be disclosed at the time of sale.
When purchasing tickets on the Site, you may be limited to a specified number of tickets for each event (also known as a "Ticket Limit"). This limit is posted during the purchase process and is verified with every transaction. This policy is in effect to discourage unfair ticket buying practices. We reserve the right to cancel any or all orders and tickets without notice to you if you exceed the posted limits. This includes orders associated with the same name, e-mail address, billing address, credit card number or other information.
a) NEIGHBUR may in some cases allow for, but need not provide, facilities for the transfer of event tickets. If ticket transfer facilities are offered, upon a ticket transfer, a new barcode may be issued to the transferee, and the transferor’s tickets voided. If a ticket is transferred multiple times, only the ticket from the last transfer will be valid for event entry. A ticket transfer may not be reversed, cancelled or modified after the transfer request has been processed. We may cancel transferred tickets if they were obtained fraudulently or otherwise in violation of our policies.
b) If an event is cancelled or rescheduled only the original purchaser will be eligible for a refund, at the discretion of the venue or Provider in accordance with our Ticket Refund Policy.
Opening acts or guests may sometimes tour with headlining performers. NEIGHBUR is not always made aware of opening acts or the length of their performances. These opening acts are subject to change or cancellation at any time without notice. No refund will be owed if an opening act is changed or cancelled.
a) Occasionally, events are cancelled or postponed by the Provider, team, band or venue. Should this occur, we will attempt to contact you via email to inform you of refund or exchange procedures for that event. For exact instructions on any cancelled or postponed event, please check the event information online or contact us. If you purchase a ticket through our Site that is eligible for a refund, it is generally issued by crediting the credit card used to purchase that ticket.
c) If an event is cancelled, please Contact us for information on receiving a refund. If the event was moved or rescheduled, the venue or promoter may set refund limitations. Contact us at: https://support.neighbur.com for exact instructions.
a) Before purchasing, ordering or obtaining tickets through the Site and TPPS, carefully review your event and seat selection. Policies set forth by TPPSs and Organizers, including venues and artists, may prohibit us from issuing exchanges or refunds after a ticket has been purchased or for lost, stolen, damaged or destroyed tickets.
b) It is the responsibility of the Organizer to communicate its refund policy to Buyer and to issue refunds to Buyer via the Site or otherwise in accordance with their refund policy and our Ticket Refund Policy. If a Buyer desires to request a refund, Buyer must request the refund from the Organizer. All communications or disputes regarding refunds are between the Organizer and Buyer and NEIGHBUR will not be responsible or liable in any way for refunds, errors in issuing refunds, or lack of refunds in connection with the Services. All communications and disputes regarding chargebacks and refunds are between the Organizer and Buyer and NEIGHBUR will not be responsible or liable in any way for chargebacks in connection with a Buyer's use of the Services. If you are a Buyer and you wish to request a refund in connection with an event listed on the Site, you should contact the applicable Organizer directly.
c) You agree that you will not attempt to evade, avoid, or circumvent those prohibitions in any manner with regard to tickets you purchased. Without limiting the generality of the foregoing, you will not contact us to seek a refund or exchange from us when we are prohibited from providing one by the Provider, and you will not dispute or otherwise seek a "chargeback" from the company whose credit card you used to purchase tickets from the Site. Should you do so, your tickets may be cancelled, and we may, in our sole discretion, refuse to honour pending and future ticket purchases made from all credit card accounts or online accounts on which such chargebacks have been made, and may prohibit all persons in whose name the credit card accounts exist and any person who accesses any associated online account or credit card or who otherwise breaches this provision from using the Site.
d) See also our Ticket Refund Policy
Orders are processed only after a billing address, user account information and other billing information has been verified. Occasionally, we receive incorrect billing or credit card account information for a ticket order that can delay processing and delivery. In these cases, our customer service may (but need not) attempt to contact you, using the information provided at the time of purchase. If we do not try to contact you or are unable to reach you after an initial attempt, we may cancel your order and may sell your tickets to another customer without further notice.
Different combinations of delivery methods may be offered, depending on factors that include the venue or location where the event is to be held, the location in which you live, how much time is left before the event starts, whether it is a holiday season and the nature of the demand for the event. Please carefully review the list of delivery methods offered during the purchase process. For security purposes, we can only ship tickets to the billing address on file with the credit card company that is used for your purchase. In most instances tickets will only be delivered electronically.
If the amount you pay for a ticket is incorrect regardless of whether because of an error in a price posted on this Site or otherwise communicated to you, or you are able to order a ticket before its scheduled on-sale or presale date or you are able to order a ticket that was not supposed to have been released for sale, then: We will have the right to cancel that ticket (or the order for that ticket) and refund to you the amount that you paid. This will apply regardless of whether because of human error or a transactional malfunction of this Site or any of our Systems.
When ordering tickets online with NEIGHBUR, please ensure you are looking for tickets and placing an order using only one browser window on only one (1) Device. Looking up tickets using multiple browser windows or Devices could result in losing your tickets or timer expiration.
a) You as a Buyer understand and agree that some events may carry inherent risk, and by participating in those events, you choose to assume those risks voluntarily. For example, without limitation, some events may carry risk of infection, illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those events.
b) Balls, pucks, debris and other objects may fly into the spectator area during an event. Despite spectator shielding, injury can occur. Stay alert at all times before, during and after play or performance. If struck, immediately ask an usher for directions to a medical station.
c) You voluntarily assume all risks and danger incidental to the event for which a ticket is issued, whether before, during or after the event, and you waive any claims for personal injury or death against NEIGHBUR, management, facility, league, artist, participants, and all of their respective parents, affiliated entities, agents, officers, directors, owners and employees on behalf of yourself and any accompanying minor.
d) You understand and agree that in NEIGHBUR's sole discretion, and without prior notice, Neighbur may terminate and block your access to the Site or to NEIGHBUR's Services, cancel your ticket or merchandise order and/or tickets or merchandise acquired through your order, refuse to honor pending and future purchases made from all credit card accounts or online accounts Neighbur believes may be associated with you, cancel a ticket or ticket order associated with any person acting or believed to be acting in concert with you, cancel your ticket postings, remove any unauthorized User Content or exercise any other remedy available, if Neighbur believes that your conduct or the conduct of any person with whom Neighbur believes you act in concert, or the User Content you provide, or any resale of such tickets purchased through Neighbur, violates or is inconsistent with these Terms or the law, or violates the rights of Neighbur, a client of Neighbur or another user of the Site.
e) Violating any limitations or terms on the Site, including but not limited to utilizing automated means to process or place ticket orders or ordering a number of tickets that exceeds the stated limit will be deemed to be a violation of these Terms. If we are unable to verify or authenticate any information or tickets you provide during any registration, ordering, purchase, ticket posting, sale, authentication, delivery, payment or remittance process, or any other process, or if we are no longer able to verify or authorize your credit card or bank account information, your tickets may be cancelled, we may refuse to honor all pending and future ticket purchases made on such credit card accounts and/or on any online accounts associated with such credit card accounts, and you may be prohibited from using the Site.
An inherent risk of exposure to COVID-19 exists in any place where people gather. COVID-19 is an extremely contagious disease that can lead to severe illness and death. You assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting a communicable disease or illness—including, without limitation, exposure to COVID-19 or any other bacteria, virus, or other pathogen capable of causing a communicable disease or illness, whether that exposure occurs before, during, or after the event, and regardless of how caused or contracted—and you hereby waive any and all claims and potential claims against Neighbur and the Event Organizer and against any companies affiliated with us relating to such risks, hazards, and dangers.
Event Provider reserve the right, without refund of any amount paid, to refuse admission to, or eject, any person whose conduct management deems disorderly, who uses vulgar or abusive language or who fails to comply with a Provider’s rules. Breach of terms or rules will terminate your license to attend the event without refund. A ticket is a revocable license and admission may be refused upon refunding the ticket's face amount. A ticket is not redeemable for cash.
a) You agree that the event for which you purchase tickets is a public event, that your appearance and actions inside and outside the venue where the event occurs are public in nature, and that you have no expectation of privacy with regard to your actions or conduct at the event.
b) You grant permission to NEIGHBUR and the event Provider(s) to utilize your name, image, likeness, acts, poses, plays, appearance, movements, and statements in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the event (regardless of whether before, during or after play or performance) for any purpose, in any manner, in any medium or context now known or hereafter developed, without further authorization from, or compensation to, you or anyone acting on your behalf.
You and your belongings may be searched, and you may be subject to health screening measures which may include but are not limited to asking health-related questions and temperature checks, to help ensure safer visits and interactions at the event, and to comply with current health guidelines, in connection with the COVID-19 pandemic on or before entry to the event. You consent to all such searches and health screening measures and waive any related claims that may arise. If you elect not to consent to such searches or health screenings, you may be denied entry to the event without refund or other compensation. Under certain facility rules, you may be required to wear a facemask and certain items may not be brought into the premises, including without limitation, alcohol, drugs, controlled substances, cameras, recording devices, laser pointers, strobe lights, irritants (e.g., artificial noisemakers), bundles and containers.
Unlawful resale of tickets (or attempted resale), counterfeit or copy of tickets is grounds for seizure and cancellation without compensation. In addition, NEIGHBUR reserves the right to restrict or deny ticket purchasing privileges to anyone that NEIGHBUR determines to be, or has been, in violation of this policy. Because NEIGHBUR does not guarantee the authenticity of tickets purchased from any non-authorized third-party reseller (such as brokers or individuals), NEIGHBUR recommends that you purchase tickets directly through NEIGHBUR, authorized partners or from the venue box office to ensure ticket authenticity. Tickets may not be used for advertising, promotions, contests or sweepstakes, unless formal written authorization is given by the event Provider, provided that even if such consent is obtained, any use of NEIGHBUR's trademarks and other intellectual property is subject to NEIGHBUR's consent.
a) To the extent permitted by applicable laws, the Services are provided on an "as is" and "as available" basis. NEIGHBUR HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. NEIGHBUR MAKES NO WARRANTY THAT:
I. THE SERVICES WILL MEET YOUR REQUIREMENTS;
II. THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
III. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE;
IV. THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU, OR EVENTS ATTENDED, THROUGH THE SERVICES, OR THE SERVICES THEMSELVES (OR ANY PART THEREOF), WILL MEET YOUR EXPECTATIONS; OR
V. ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
b) NEIGHBUR IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE CONTENT, PRODUCTS, SERVICES, ACTIONS OR INACTIONS OF ANY USER, BUYER OR OTHER NON-ORGANIZER, ORGANIZER OR THIRD PARTY BEFORE, DURING AND/OR AFTER AN EVENT; AND NEIGHBUR WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED IN (I) THROUGH (V) ABOVE. YOU ACKNOWLEDGE THAT NEIGHBUR HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF EVENTS ADVERTISED, THE TRUTH OR ACCURACY OF ANY USERS' (INCLUDING BUYERS', OTHER NON-ORGANIZERS' AND ORGANIZERS') CONTENT OR LISTINGS, OR THE ABILITY OF ANY USER (INCLUDING BUYERS, OTHER NON-ORGANIZERS AND ORGANIZERS) TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION.
c) Notwithstanding the foregoing, you may report the misconduct of users, Buyers, other non-Organizers, Organizers and/or third parties in connection with the Site or any Services to NEIGHBUR. NEIGHBUR, in its sole discretion, may investigate the claim and take necessary action.
d) The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, will be limited to the maximum extent permitted by law.
NEIGHBUR SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICES, OR ANY OTHER SUBJECT MATTER OF THIS POLICY, FOR: (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NEIGHBUR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (III) AMOUNTS IN EXCESS OF CAN$100.00 IN THE AGGREGATE FOR ALL CLAIMS WITH RESPECT TO THE SERVICES, OR (IV) ANY MATTERS BEYOND NEIGHBUR'S REASONABLE CONTROL. NEIGHBUR SHALL HAVE NO LIABILITY WITH RESPECT TO ANY OF YOUR CONTENT OR ANY CONTENT OF ANY OTHER USER OF THE SERVICES OR THE SITE. IN ADDITION, NEIGHBUR IS NOT AFFILIATED WITH, AND HAS NO EMPLOYMENT RELATIONSHIP WITH, ANY THIRD-PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES, AND NEIGHBUR HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH BUYER, ORGANIZER OR THIRD-PARTY SERVICE PROVIDER. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
a) IN CONSIDERATION OF BEING PERMITTED TO ACCESS AND USE THE SITE AND SERVICES, YOU HEREBY AGREE TO RELEASE NEIGHBUR, AND ITS AFFILIATES, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS, OTHER PARTNERS, AND EMPLOYEES FROM ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH DISPUTES BETWEEN YOU AND THIRD PARTIES (INCLUDING OTHER ORGANIZERS, BUYERS, AND OTHER NON-ORGANIZERS) IN CONNECTION WITH THE SITE OR SERVICES, YOUR ACCESS AND USE OF THE SERVICES, OR ANY EVENTS LISTED THEREON.
b) IN CONNECTION WITH THE FOREGOING RELEASE, YOU HEREBY WAIVE ANY APPLICABLE LAW OR STATUTE, WHICH SAYS, IN SUBSTANCE:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE RELEASED PART."
This Policy and the provision of the Services to you are governed by the laws of the Province of Ontario, Canada, as such laws are applied to agreements entered into and to be performed entirely within Ontario by Ontario residents.
Any controversy or claim arising out of or relating to this policy or the provision of the Services shall be exclusively settled by final and binding arbitration pursuant to the National Arbitration Rules of the ADR Institute of Canada, Inc. [the Simplified Arbitration Rules of the ADR Institute of Canada, Inc.] by a single Arbitrator. The place of arbitration shall be Toronto, Ontario, Canada. The language of the arbitration shall be English. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Toronto, Ontario, Canada and judgment on the arbitration award may be entered in any court having jurisdiction thereof. You and NEIGHBUR agree to submit to the personal jurisdiction of the courts located within the city of Toronto, Ontario. Either you or NEIGHBUR may seek any interim or preliminary relief from a court of competent jurisdiction in Toronto, Ontario, necessary to protect the rights or property of you or NEIGHBUR (or its agents, suppliers, and subcontractors) pending the completion of arbitration.
The failure or delay of NEIGHBUR to exercise or enforce any right or provision of this policy shall not constitute a waiver of such right or provision. No oral waiver, amendment or modification shall be effective under any circumstance whatsoever. If any provision of this policy is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this policy shall remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services, or this policy must be filed within two (2) years after such claim or cause of action arose or be forever barred.
The section titles in this policy are for convenience only and have no legal or contractual effect.