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The following Ticket Refund Policy applies to users of the Neighbur website (the "Site") who have purchased one or more tickets (the “Buyers” 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”). 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 Refund 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 Refund Policy at any time, with or without notice. If there are material changes to this Ticket Refund 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 Refund Policy, we may also revise the "last updated" date.
This Ticket Return Policy applies to users of the Site who have purchase one or more tickets (the “Buyers” 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”).
The Refund of purchased Tickets through our Site (hereafter the “Refund Services”) are offered subject to your acceptance without modification of all of the terms and conditions contained herein, Our User Agreement, Terms of Service (“TOS”) 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 REFUND 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 REFUND SERVICES.
If you have any questions about the information below, please contact us at:
Neighbur Inc
Attn: Ticketing
PO 95536
Newmarket, ON
L3Y 8J8
Canada
Each ticket that is purchased through the Site is a revocable license to attend a particular event and is subject to these terms and the terms offered by the Provider. Payments are all transacted through Stripe or Bambora or other third-party payment service methods (collectively, "Third Party Payment Systems" or "TPPS") which govern all use of our Refund Services in respect of Event Ticket Sales, Refunds and Promotion, and which forms part of our User Agreement.
When using the TPPS, Organizers and Buyers effect the applicable monetary payment transaction through the TPPS service and are bound by the applicable terms of use governing the TPPS service.
a) Occasionally, events are cancelled or postponed by the Provider or venue. Should this occur, we will attempt to contact you via email or where applicable, through our Mobile Services 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 through our Site or contact the event Provider.
b) NEIGHBUR typically only offers refunds and/or exchanges based on the Provider, TPPS or venue's instructions. In order to receive a refund or an exchange that may be offered, you will have to comply with the Provider, TPPS or venue's instructions or deadlines, which, along with the decision about whether or not to issue a refund or an exchange, may be at the Provider’s or TPPS’s or venue's discretion.
c) When NEIGHBUR issues you a refund for a ticket, it will issue a refund of the ticket's face value paid (or, if a discounted ticket, then instead the discounted ticket price paid). Service fees may not be refunded for tickets purchased on our Site. In no event will delivery charges or any other fees or amounts be refunded. If a refund is issued, it will be issued in accordance with the TPPS terms of service, and where applicable using the same method of payment that was used to purchase the tickets. If a credit card was used to make the purchase, then only that actual credit card will receive the credit for the refund. NEIGHBUR will not be liable for travel or any other expenses that you or anyone else incurs in connection with a cancelled or postponed event.
d) If an event is cancelled, please Contact us through our Help Desk at: https://support.neighbur.com for information on receiving a refund. If the event was moved or rescheduled, the venue or promoter may set refund limitations. Contact us through our Help Desk at: https://support.neighbur.com for exact instructions.
e) Rescheduled Events – The event Provider will be responsible to contact you with the new date and time. We may contact you or post notice of the rescheduled event, if and when made known to us by the event Provider. Some events may allow for refunds if you can't make the new date. Please contact us or view our Site or contact the event Provider for further information.
If your tickets are lost, stolen, damaged, or destroyed, please Contact our Help Desk at: https://support.neighbur.com. Our support team is happy to help. Certain tickets may be capable of being replaced. For damaged or destroyed print-at-home tickets, just print the tickets again.
a) The standard policy for many Providers, venues, artists, teams, etc. is No Refunds or Exchanges, with limited exceptions. Before purchasing tickets, it is important that you carefully review your event selection and the terms thereof.
b) It is the responsibility of the Organizer to communicate its refund policy to Buyers and to issue refunds to Buyers via the Site or otherwise in accordance with their 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 Ticket 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.
a) THE REFUND 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 REFUND SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE REFUND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE REFUND 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 REFUND SERVICES, OR THE SERVICES THEMSELVES (OR ANY PART THEREOF), WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE REFUND SERVICES WILL BE CORRECTED. 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. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
b) 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 Refund Services to NEIGHBUR. NEIGHBUR, in its sole discretion, may investigate the claim and take necessary action.
NEIGHBUR SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE REFUND 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 REFUND 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 REFUND 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 REFUND 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 REFUND SERVICES, YOUR ACCESS AND USE OF THE REFUND SERVICES, OR ANY EVENTS LISTED THEREON.
b) IN CONNECTION WITH THE FOREGOING RELEASE, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE 1542 AND ANY OTHER APPLICABLE LAW OR STATUTE, WHICH SAYS, IN SUBSTANCE:
c) "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR 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 DEBTOR.
This Policy and the provision of the Refund 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 Refund 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 Refund 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.