1. GENERAL INFORMATION
These Terms of Use (the "Terms of Use") govern your access to and use of the GO&DANCE website hosted under the domain name www.goandance.com (the "Website") and under any of the subdomains or web pages dependent on it, as well as the contents and services that the owner of the Website makes available to its users (the "Users") and establish together with the Privacy Policy and Cookies, relating to the management of personal data of Users, the terms and conditions governing the Website (the "Terms and Conditions").
In compliance with article 10 of Law 34/2002, of 11 July, on Information Society and Electronic Commerce Services, the following data identifying the owner of the Website:
GODANCE SALSA, S.L. is a company whose registered office is located in Barcelona at calle Roger, número 38, Bajos (08028), C.I.F. (Tax Identification Number). B-66413691 and registered in the Mercantile Register of Barcelona in Volume 44551, Folio 124, Page B-459590, Entry 1 ("GO&DANCE"). The contact e-mail address is: info@goandance.com. The contact telephone number is: +34 524 76 24.
Access to the Website or its use by the User necessarily implies, without reservation, knowledge and acceptance of the Terms and Conditions.
GO&DANCE has created on the Website an event organisation and ticket buying and selling tool through which it offers its Users the "Event Organisation Service" and the "Ticket Purchasing Service".
Through the provision of the Event Organisation Service and the Ticket Purchasing Service, GO&DANCE acts solely as an commercial agent in the purchase and sale of tickets between Users, and is not bound by the contractual relationship established between Users and each other. To this end, GO&DANCE offers a service to provide event organisers and the general public with a channel for the acquisition of these tickets, but at no time does it act as the organiser or promoter of the event or show.
The Event Planning Service and the Ticket Purchasing Service shall together be referred to as the "Services".
In order to be able to use the Services offered on the Website, it is a necessary condition that the Users must be of legal age, therefore, with the acceptance of the following Terms and Conditions, the User declares that he or she is of legal age, as well as that he or she has the necessary capacity to contract the Services offered on the Website.
In relation to the foregoing, the User shall in all cases be responsible for the accuracy and truthfulness of the data provided to GO&DANCE through the registration form and booking processes.
Underage Users who are interested in contracting the Services will require prior authorization from their parents or legal guardians.
2. EVENT ORGANIZATION SERVICE
2.1. Description Description
GO&DANCE makes available to its Users a service for the organization of events so that Users who so wish (the "Organizers") may, in a quick and simple manner, organize and promote their own events on the Website (the "Events") as well as sell tickets to other Users (the "Buyers") for the Events they organize and publish. The Organisers may access information derived from sales through an area created for this purpose on the Website (the "Professionals' Area"). GO&DANCE, only, acts as an intermediary in the purchase and sale of tickets for the Events between the Organizers and the Buyers, managing the distribution of tickets on behalf of the Organizers, so that at no time does it act as Organizer of the Events or participate in any organizational aspect of them.
GO&DANCE grants the Organisers a temporary licence to use the Professional Area, from the date of creation of the Event until its end, so that, under no circumstances does GO&DANCE transfer or transfer to the Organiser any of the intellectual or industrial property rights associated with the Website or the Professional Area take place.
2.2. How to create Events?
Users wishing to create an Event must first register as Professionals by following the instructions given on the Website and providing the details required in the relevant form (the "Professional Registration Form"), which will be treated in accordance with the GO&DANCE Privacy and Cookie Policy, as well as accepting the Terms and Conditions.
Once you have completed the Professional Registration Form, your professional account (the "Professional Account") and the Professional Area will be activated. The responsibility for the safekeeping and security of the name of the Organizer and the password indicated in the Professional Registration Form shall be the responsibility of the Organizer, and therefore it shall assume responsibility for all actions carried out on the Website by virtue of its Professional Account.
Once the Professionals Area is activated, the Organizers will be able to easily register their own Events and manage them through a control panel enabled for each Event through which they will be able to edit all the information related to it (location, date, ticket prices, etc.), and control the sale of tickets to other Users.
2.3. Obligations
For the correct provision of the Event Organization Service, GO&DANCE is obliged to the Organizers to:
Maintain at all times the Area of professionals so that the Organizer can promote its Events efficiently and so that the tickets are available for sale on the Website at any time.
Communicate to the Organizer all the information available on ticket sales operations of its Events and access statistics of the Users to its events, which will be subject to the most absolute confidentiality.
To accurately and truthfully display on the Website the information of each Event created and published through the Professionals Area.
To keep independent accounts of the acts or operations relating to each Organiser.
Manage the collection of the tickets for the Events and pay the Organizer the corresponding amount for the tickets sold, in accordance with the section on the Cost of the Events Organisation Service and with the specific conditions, if any, agreed between GO&DANCE and the Organiser.
For its part, in order to ensure the correct use of the Events Organisation Service, the Organiser undertakes to the GO&DANCE to:
To provide GO&DANCE with all the information necessary for the correct provision of the Events Organisation Service and, in particular, to keep your Professional account updated at all times, correcting your personal, bank or other data if necessary.
Immediately remove the Event from the Website when it is expected that it will be cancelled or suspended and be liable for tickets that have already been sold, in accordance with the exchange and return policy (the "Exchange and Return Policy") as well as applicable regulations.
Respond to any kind of claims from third parties as a result of the sale of tickets for any of the Events that you have published on the Website.
Inform GO&DANCE immediately and apply any changes that may be made to the Professional Area in the event of the postponement of any of its Events, changes in the conditions or circumstances of sale, purchase, access, place of celebration and other events that may arise. For Buyers who have already purchased their ticket, the Organizer is obliged to inform them directly about these matters.
To satisfy the Cost of the Event Organization Service.
Enable GO&DANCE to process and manage the payment for ticket sales.
To have the intellectual and industrial property rights, image rights, as well as any licenses required by the applicable regulations regarding the Events and contents published in the Professionals Area.
To have all the necessary administrative authorisations in force and to have made the necessary notifications for the exercise of their activity, with the obligation to show them to GO&DANCE whenever it is requested to do so.
Do not use the logos or distinctive signs that identify GO&DANCE on any media located on the public highway without the express written permission of GO&DANCE.
Do not resell tickets.
Do not include events that go against morals, public order or are discriminatory.
Meet the cost of the event organisation service as defined in section 2.4 (ii) of these Terms of Use.
The use by the Organizer of the Professional Area, as well as the creation and publication of Events on the Website is free of charge.
2.4. Obligations of the Organiser with regard to Data Protection
The Organiser, by accepting the Terms and Conditions, undertakes to comply with the GO&DANCE Privacy Policy and, in any event, not to use the data for purposes other than those set out in this section. In this sense, the Organizer declares and guarantees, through the acceptance of these Terms and Conditions, that it is aware of and complies with current legislation on data protection, and will comply with the obligations set forth therein. In this sense:
With respect to the data that have been transferred to him/her, with the prior specific and express consent of the User, and with respect to which he/she acts as the Data Controller, he/she will only use them to send commercial communications for future events or shows organised by him/her.
In relation to the data to which he has access and in relation to which he acts as Data Processor, he will only and exclusively process them for the correct provision of the Ticket Sales Service and to comply with these Terms and Conditions. In this sense and as required by data protection regulations, the Organiser, in its capacity as Data Controller, undertakes during the term of the Contract to:
Process such data at all times following the documented instructions of GO&DANCE with the sole purpose of making the necessary communications.
Ensure that the persons authorised to process personal data undertake to respect the confidentiality of the data.
To take the necessary measures to guarantee the security of the data to which it has access.
Do not use any other person without the express prior written authorisation of GO&DANCE. In the event that the Organiser, in its capacity as Processor, uses another Processor to carry out certain processing activities on behalf of GO&DANCE, the same data protection obligations as those set out in this paragraph shall be imposed on the Sub Processor by contract and, in particular, the provision of adequate safeguards on the application of appropriate technical and organisational measures so that the processing is in accordance with these Terms and Conditions.
To assist GO&DANCE, taking into account the nature of the processing, through appropriate technical and organisational measures, whenever possible, so that it can fulfil its obligation to respond to requests for the exercise of the rights of data subjects.
To help GO&DANCE to ensure compliance with its obligations to ensure data security, to notify the AEPD in the event of security breaches, and to communicate these to the parties concerned.
Not to communicate such data to any third party, without the authorization of GO&DANCE, even for the purpose of storing them.
Adopt, implement and comply, under the terms provided for in current legislation and its implementing regulations, with the necessary technical and organisational measures to guarantee the security of personal data and prevent their alteration, loss, unauthorised processing or access in accordance with the corresponding level of security, taking into account the nature of the personal data accessed or processed.
Once the services covered by this contract have been rendered, the ORGANIZER undertakes to destroy all the personal data received by GO&DANCE, as well as the media or documents containing personal data, and
To make available to GO&DANCE all the information necessary to accredit compliance with the obligations set out in this section, as well as to allow and contribute to the performance of audits by GO&DANCE.
2.5. Economic conditions
The cost of the event organisation service provided by GO&DANCE is determined as follows:
To the ticket price fixed by the Organizer for each specific Event (the "Net Amount"), a percentage of 6% (six percent) will be applied (the "Management Fees"). This portencaje will have a minimum of 1€ for each ticket sold. The Net Amount together with the Management Fees shall form the "Price".
The cost of the Event Organisation Service shall be the amount resulting from multiplying the number of tickets sold for a particular Event by the amount of the Management Costs (the'Event Organisation Service Cost').
In the event that the event is cancelled and GO&DANCE has to pay the Ticket Price to the Users, in accordance with the Exchange and Return Policy, the Organiser must pay GO&DANCE the Cost of the Event Organisation Service.
2.6. Term and conditions of collection of the Service of Organization of Events
Within five (5) calendar days of the end of the Event, GO&DANCE will issue a settlement sheet to the Organiser showing the Net Amount of all tickets sold for the Event (the "Total Net Amount"). GO&DANCE will pay the Organizer the Total Net Amount within three (3) days following the date of issue of the settlement sheet, by bank transfer to the data provided by the organizer in the Professional Area.
2.7. Exploitation of advertising space
GO&DANCE reserves the right to exploit commercially for each Event and exclusively, the advertising spaces available in the tickets and on the Website.
2.8. Prohibition to hold sweepstakes and/or contests.
Our Website is not a platform for holding sweepstakes or contests of any kind, so by accepting these Terms and Conditions, you agree to represent and warrant that you will not hold or publish any event under the mode of sweepstakes or contests, and GO&DANCE is released from any third party claims that may arise from any User's failure to comply with the content of this Clause.
GO&DANCE reserves the right to remove and cancel from the Website any drawings or contests that are activated by the Organisers.
2.9. Security and fraud prevention
Any evidence of fraud, falsification of data, falsification of operations or impersonation will be brought to the attention of the State Security Forces. GO&DANCE undertakes to cooperate with the State Security Forces and Bodies, as well as any other competent authority, in the prosecution and punishment of criminal conduct. The Organizer expressly consents to the immediate and direct provision of all its personal and contact details to the competent authorities in such cases, so that the conduct may be prosecuted and punished in the shortest possible time. The Organizer declares that it is aware of this fact and expressly accepts it. GO&DANCE reserves the right to withhold payments for sixty (60) days following the end of the Event in the event that there are reasonable grounds for believing that illegal, unlawful or fraudulent conduct has been committed. The following, among others, are considered to be indications of fraud or illegal conduct:
Cancellation of the event for unjustified reasons.
False contact information.
Promotion of false, illegal, immoral, extremist, pornographic or violent events; and
Ticket resale.
3. TICKETING SERVICE
3.1. Description Description
GO&DANCE offers its Users a Ticket Purchasing Service through which Buyers can quickly and easily purchase tickets for Events through different means.
GO&DANCE, only, acts as an intermediary between the Organizers and the Buyers in the purchase and sale of tickets for the Events, managing the distribution of tickets in the name and on behalf of the Organizers, so that at no time acts as Organizer of the Events or participates in any organizational aspect of these Events.
3.2. How to buy tickets?
To purchase tickets for the Events available on the Website you need to follow these steps:
Select the Event the Buyer wishes to attend.
Once you have reviewed the Event information published by the Event Organizer, choose the type of tickets and the number of tickets you wish to purchase and select "Continue".
Complete the registration form by entering the Buyer's email address and password (the "Buyer Registration Form"), expressly agree to the use of your personal data for the purposes requested, as well as the GO&DANCE Terms and Conditions incorporating the Privacy Policy and select "Accept". The User is solely responsible for selecting a password with an appropriate level of security. The User shall be responsible for keeping the password secret and shall not provide it to any third party. If you suspect that your password has been known to a third party, you should immediately change it.
Enter the details of the attendees of the tickets selected for the Event in case they are required by the Event Organiser and expressly accept that the Buyer accepts that GO&DANCE may share this information with the Event Organiser, as well as the GO&DANCE Terms and Conditions and click "Accept".
Select the means of payment (credit or debit card or paypal) by means of which you wish to pay the price of the ticket(s) and proceed to the payment on the corresponding payment gateway. At that time the Buyer confirms that the payment details entered are correct and truthful and accepts that GO&DANCE will charge the Price of the Ticket(s);
GO&DANCE will then send an email to the Buyer to the account that the Buyer has indicated on the Registration Form confirming the purchase of the Ticket(s) (the "Purchase Confirmation"). The Purchase Confirmation may not be received in the "Inbox", as some Internet services detect it as spam, and GO&DANCE therefore recommends that the Buyer check the "Junk E-Mail" in any case; and
Once the Purchase Confirmation has been received, the Buyer will be able to download and print his or her ticket(s), indicating the information relating to the event (date, time, venue, etc.).
3.3. How to access the Event?
Buyer will be able to access the Event by delivering the printed ticket at the Event entrance where they will validate the ticket with a listing or with an electronic device that scans a unique code inserted into the ticket. Even if several copies of the entry are printed, only the first entry submitted in the access will be considered valid. Therefore, under no circumstances will access to the premises be allowed to those who subsequently try to enter with the same entrance.
Access to the venue where the Event is held is subject to the access and exit policies established by the Organizer and/or by the owner of the venue where the Event is held, if any.
3.4. DescriptionConditions of the Ticketing Service
The ticket(s) are issued in accordance with the rules and regulations of the venue and the Event Organiser and will be available to the Buyer at the venue's box office. Violation of any such rules and regulations, or any other act that may cause damage or injury, shall entitle the Event Organiser to expel the Buyer from the premises.
The illegal resale of a Ticket or the attempted illegal resale constitutes sufficient cause for the seizure or cancellation of such Ticket without the right to refund or any other compensation.
A ticket may not be used for advertising, commercial, promotional, gaming, contests or betting purposes without the express prior and reliable authorisation of the Organiser and GO&DANCE.
The Event may be recorded for commercial and/or promotional purposes, so Buyers give their consent by accessing the Event so that their image can be recorded and subsequently reproduced for such purposes as part of the public.
GO&DANCE does not participate in the organization of the Events, and therefore does not manage and is not responsible for aspects such as visibility conditions, acoustic quality, comfort of the premises, accessibility, access and exit policies, etc., which are the exclusive responsibility of the Organizer.
The Organizer reserves the right of admission to the Event.
The Organiser is legally authorised to carry out the relevant reviews and registrations to verify that the security conditions within the venue where the Event is held are met.
Any wrinkled, broken or counterfeit entry will authorize the Organizer to deprive its bearer of access to the Event.
Neither GO&DANCE nor the Event Organiser is responsible for the loss or theft of the ticket.
GO&DANCE will be able to analyze and evaluate the possible fraud of the purchase of tickets, managing the charge back to the Buyers of the tickets if applicable, informing the Organizer of the event of the relevant actions.
GO&DANCE will be able to communicate to the Organizer the information that it has about ticket sales operations of its Events and access statistics of the Users to its Organizer Microsite, which will be subject to the most absolute confidentiality.4.
4. POLÍTICA DE CAMBIOS Y DEVOLUCIONES
4.1. General aspects
Tickets cannot be exchanged or returned, except in the event of cancellation or suspension of the Event. Except in the cases established above, the User may not exercise the right of withdrawal or termination, in accordance with current legislation on consumer affairs and retail management.
The inability to attend an event or show or the commission of an error when making the purchase of the ticket(s) (for example, for having incorrectly entered the email address in the purchase process) are not grounds for a refund;
In accordance with current consumer and retail regulations, the Buyer may not exercise the right of withdrawal or termination, as the provision of services related to leisure activities is exempt from this right.
In the event of suspension of the Event after more than half of the Event, the Buyer shall not be entitled to a refund of the Ticket Price.
Bad weather conditions do not entitle you to a refund of the ticket or the ticket price.
In the event of any cancellation or change to an Event, GO&DANCE undertakes to (i) publish it on the Website in the Event section as soon as the Organiser has informed you, and (ii) send an email to the Buyer at the address you have indicated on the Registration Form informing you of such cancellation or change.
4.2. Returns and Exchanges
Changes and refunds will only be accepted in case of cancellation of the Event, or in case the event is suspended within the period established by the Organizer.
Cancellations of Events or changes that take place after the Buyer has received the Purchase Confirmation of the Ticket(s), such as change of date, venue, artists, etc., are the sole and exclusive responsibility of the Organizer. Therefore, GO&DANCE, as distributor of the Tickets, may only and exclusively cancel the Tickets and, therefore, refund the Price when it receives an express order from the Event Organizer.
In the event that the Organizer decides to refund the Price, it will be refunded by GO&DANCE on the same means of payment used for the purchase (credit or debit card or paypal), within fifteen (15) working days from the date of public notification of the cancellation of the Event;
5. ONUS
GO&DANCE only acts as an intermediary between the Organizers and the Buyers in the purchase and sale of tickets for the Events, managing the distribution of tickets in the name and on behalf of the Organizers, and therefore:
It will not assume any responsibility in the event that the Event does not finally take place, and the appropriate claim must be addressed to the Organiser of the Event who, by accepting the Terms and Conditions, releases GO&DANCE from any type of liability that may arise as a result of such cancellation.
It is not responsible for the terms on which the Event is finally held. Complaints regarding quality, the way the Event is run or any organisational aspect of the Event should only be addressed to the Event Organiser.
GO&DANCE will be exonerated from any liability that may arise from the unauthorised inclusion by the Organiser of the distinctive signs or domain names owned by GO&DANCE or any reproductions or mentions that include the name "GO&DANCE" on any type of support that may be displayed in unauthorised public spaces.
The Website may suffer technical failures or crashes and GO&DANCE guarantees that it will make its best efforts to resolve such incidents in the shortest possible time, although, in accordance with the provisions of section 6 of the Terms and Conditions, it declines any responsibility in this regard.
6. USE OF THE WEBSITE
The User acknowledges and accepts that he or she uses the Website at all times at his or her own risk and responsibility, and GO&DANCE shall not be liable for any misuse, improper use or use contrary to these Conditions that may be made of them.
Consequently, Users shall be entirely responsible for the correct use of the Website, subject to current national or international legislation, as well as to the principles of good faith, morals, good customs and public order, and with the commitment to diligently observe any additional instructions that may be given to them by GO&DANCE.
Users shall refrain from using the services and contents of the Website for illicit or fraudulent purposes or effects that are harmful to the rights and interests of third parties, or that in any way may damage, render useless, affect or deteriorate the functioning of the Website, its contents and services. Likewise, it is forbidden to prevent the normal use or enjoyment of the Website by other Users. The User shall be liable for any damages caused to GO&DANCE as a result of the misuse of the Website or its use in breach of the Terms and Conditions.
GO&DANCE cannot absolutely guarantee that the services, features and functions of its Website will be available at any time and place, nor that the software and hardware used will be completely error-free. In the same way, GO&DANCE cannot guarantee a failure-free data transmission via third parties, in particular transmission via telecommunication networks and Internet providers. Consequently, GO&DANCE declines any responsibility for damages of any kind that may arise from the foregoing.
In particular, GO&DANCE shall not be held responsible for any potential damage or errors that may be caused to Users' computer systems (hardware or software) when they access or use the Website due to the presence of any virus.
In any event, GO&DANCE shall only be liable for any damages that the User may suffer as a result of wilful misconduct or gross negligence on our part in relation to access to our Website, the provision of our services, as well as the use of our contents, tools and functionalities.
However, GO&DANCE will use reasonable efforts to ensure that the contents and services included in the Website are accurate and up to date.
If it deems it appropriate, GO&DANCE may immediately suspend the provision of the service and, where appropriate, remove any content it deems to be incorrect or illegal, or at its sole discretion, at the request of a third party concerned or the competent authority, without such suspension giving rise to any compensation.
7. LINKS TO THIRD PARTIES
GO&DANCE does not assume any responsibility derived from the links that allow the User to access, through the Web Site, to features and services offered by third parties, provided that they are not related to the Web Site. Therefore, GO&DANCE is not responsible for the information contained therein or for any effects that may derive from such information. GO&DANCE also reserves the right to remove, unilaterally and without prior notice, the links that appear on the Website.
If any User or third party observes that such links may be contrary to law, morality or public order, they must inform GO&DANCE by email at info@goandance.com.8. PROPIEDAD INTELECTUAL E INDUSTRIAL
GO&DANCE is the owner or licensee of all the intellectual and industrial property rights included in the Website, as well as the contents accessible through it.
The User's authorisation to access the Website does not imply any waiver, transfer, licence or total or partial assignment of intellectual or industrial property rights by GO&DANCE, and their use is therefore strictly prohibited.
The intellectual and industrial property rights of the Website, as well as the texts, images, graphic design, navigation structure, information and contents included in it are either owned by GO&DANCE or it holds the necessary exploitation rights over them, in any form and, in particular, the rights of reproduction, distribution, public communication and transformation, in accordance with Spanish legislation on intellectual and industrial property rights.
The Organisers guarantee that they have been duly assigned or that they hold the ownership of all intellectual and industrial property rights and, where applicable, image rights, associated with the contents included in each of the Events that they create and publish on the Website and, in order to promote the same on the Website, they grant GO&DANCE all rights to exploit these intellectual and industrial property rights. The sale described above shall be deemed to have been carried out for the whole world and without time limit.
9. USER ACCOUNT CLOSURE AND SUSPENSION OF SERVICE
GO&DANCE reserves the right to refuse admission to and exclusion from the Website. Any User who does not comply with the Terms and Conditions as well as the GO&DANCE Privacy Policy may be excluded from the Website.
Likewise, GO&DANCE may withdraw or suspend the provision of the Services to those Users who do not comply with the provisions of the Terms and Conditions at any time and without prior notice.
10. MODIFICATIONS TO THE CONDITIONS OF USE
GO&DANCE reserves the right to modify these Terms of Use in accordance with the applicable legislation at any time, which will be duly reported on the Website, and therefore recommends that the User review them periodically to be informed of how GO&DANCE protects their information.
11. LEGISLATION
These Conditions of Use have been drawn up in accordance with the provisions of the applicable regulations and, in particular, with Law 34/2002 on Information Society and Electronic Commerce Services, Law 7/1998 on General Terms and Conditions, Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, Law 7/1996, of 15 January, on the Organisation of Retail Trade.
12. APPLICABLE LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with Spanish law.
The Parties agree to submit to the competent courts and tribunals for the resolution of disputes arising from their contractual relationship.
In compliance with the provisions of Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution in consumer matters and Regulation 524/2013 of the European Parliament and of the Council of 21 May 2013 on online consumer dispute resolution, we hereby inform all Users that they may pursue their consumer complaints through the online consumer dispute resolution platform, which can be accessed via the following link http://ec.europa.eu/consumers/odr/.