This Buyer Terms and Conditions (“Buyer Terms”) describes the terms and conditions
under which Indexic Inc. (“Indexic”) permits your use of its website, www.indexic.net,
(the “Site”) and Indexic’s e-commerce module (“Event Book”) and other services (collectively
with Event Book, the “Services”) as a Buyer (defined below). Use of the Site and
the Services is also governed by Indexic’s policies and guidelines which are incorporated
into these Buyer Terms by reference, including without limitation the Site’s
By visiting the Site or using the Services, you agree to be bound by the Buyer Terms
and any additional terms included within the Site. If you do not wish to be bound
by the Buyer Terms or the additional terms, you are not authorized to access the
Site or use the Services and should not continue to visit or use the Site or Services.
Indexic reserves the right to change or amend the Buyer Terms without notice, and
your use of the Site or Services (including, but not limited to, purchase of Event
tickets) subsequent to those amendments indicates your consent to and agreement
to be bound by the amended terms.
Indexic provides an e-commerce link to event hosts (“Sellers”), giving Sellers the
ability to sell tickets to Seller’s activities and events (the “Events”) to potential
customers (“Buyers”) via the Internet. As such, Indexic merely acts as a facilitator
between the Buyer and Seller so that Event tickets can be purchased online.
Indexic has no other relationship with the Seller and does not have any control
over Seller’s Events, pricing, policies, or the ability to deliver the Event being
sold. Indexic does not guarantee that an Event will actually take place. Indexic
does not take any responsibility for information, graphics, videos, banners, etc.
found on Seller’s website or placed by Seller in Event Book, and will not be held
liable if Buyer finds anything at the Event, on Seller’s website or in Seller’s
Event Book entry as offensive, inaccurate or fraudulent. Indexic does not warrant
the performance of the Event as described by Seller and is not liable for Seller’s
description of the Event or performance thereof.
Purchasing tickets using Event Book is easy. A Buyer visits a Seller’s website and
clicks on the Seller’s schedule (i.e., Seller’s embedded Event Book calendar) to
see available dates and times for an Event. After the Buyer clicks on a specific
day and time, a box pops up asking the Buyer for “Reservation Holder Information.”
Upon clicking “Continue,” the Buyer will be asked for the number of tickets the
Buyer wishes to buy by category. When the Buyer fills in the desired number of tickets
by category and clicks “Continue,” the requested tickets are placed on temporary
hold for the Buyer. If there are no other Events to be reserved, the Buyer clicks
the “Add to Cart” button to add the reservation to his Check Out Cart. Upon viewing
the Check Out Cart, Buyer clicks the “Check Out” button and continues the purchase
by entering in Buyer’s personal and credit card information. Upon completion of
this task, the Buyer clicks the “Purchase” button and the tickets are purchased.
A confirmation email is mailed to the Buyer detailing the transaction which includes
a reservation number. If expressly permitted by the Seller, the Buyer can bring
a copy of this email (either a paper copy or electronic copy stored on a mobile
device) to the Event as a ticket.
When a Buyer uses Event Book or the Services to purchase a ticket, the Buyer warrants
that the Buyer will make payment for that ticket and authorizes Indexic to charge
Buyer’s credit card for the ticket price plus any applicable service, shipping and
handling fees. By so using the Services, Buyers agree (for themselves and on behalf
of any other Event attendees) to be bound by this Agreement and the policies of
Indexic as outlined in these Buyer Terms.
Indexic carefully protects Buyers’ credit card information. All information entered
is protected by industry standard Secure Socket Layer format (SSL), which protects
information from third-party intrusion by encrypting all information entered. Indexic
meets industry standards in protecting Buyer’s personal information once we receive
it. However, regardless of how robust its security measures, Indexic cannot guarantee
that an uninvited third party will not penetrate the security system and have the
opportunity to view your information. Indexic does not, however, store credit card
information in its database and, therefore, such information cannot be accessed
by any unauthorized party at our facility. The only personal information Indexic
keeps in its database is the Buyer’s name, address, and information relating to
the Events purchased.
All purchases are made in U.S. Dollars and pricing is per person, unless stated
otherwise. Indexic accepts Visa, Mastercard, and Discover for payment.
Sellers may offer special discounts and promotions for Events. These discounts and
promotions are at the sole discretion of the Seller and all rules and limitations
for these special discounts and promotions are established by the Seller without
involvement by Indexic. All discount and promotion codes need to be entered during
the check out process prior to submitting the ticket reservation for processing
or the promotion codes will not be incorporated into the transaction and you will
not receive the discount or promotion.
The Buyer agrees to supply accurate information when purchasing tickets via Event
Book and the Services. Such information shall include a valid name, address, contact
number and credit card information. Buyer is also responsible for providing a valid,
operational email address and for ensuring that Indexic emails are accepted and
not designated as spam, as well as checking the email address for notifications
from Indexic. Buyer agrees he or she will not hold Indexic responsible for missed
emails due to malfunctions in Buyer’s email server, incorrect email settings or
failure to check the email account provided. Indexic is not liable for any damages
due to these occurrences.
Each Seller has its own refund and cancellation policies. Indexic is not responsible
for these refund and cancellation policies, and the Buyer is subject to Seller’s
policies. Indexic will not refund payments to a Buyer for any reason unless directed
to by the Seller. Indexic will not refund its service charges to the Buyer, even
if a refund of the ticket price is authorized by the Seller. Buyer will not hold
Indexic liable for any damages incurred due to a non-refunded ticket, cancellation
or rescheduling of an Event.
In general, Buyers will not be able to exchange or reschedule tickets purchased
through Indexic. If a Buyer purchases tickets for an Event and then cannot attend
or seeks to attend at a different time or day, Buyer may contact the Seller directly
to request an exchange or refund. Exchanges are subject to the Seller’s policies.
Indexic is not responsible for the Seller’s policy concerning exchanging of tickets,
and cannot be held liable for any damages incurred by the Buyer due to non-exchange
of tickets for an Event.
In some cases, tickets may be purchased by Buyers for an Event without a specified
date or time for attending the Event (such as a ticket for a house tour). When a
Buyer purchases a ticket of this type, Indexic will comply with the Seller’s policies
regarding these types of tickets. Buyer is responsible for checking the Seller’s
website or promotional materials for specific instructions and for complying with
those instructions. Indexic is not responsible for Seller’s policy regarding tickets
without a reservation and cannot be held liable for any damages incurred by the
Buyer for the Buyer’s non-compliance with the Seller’s policy.
Combination tickets relate to tickets to a group of Events offered by multiple Sellers.
Each Seller involved in the combination ticket may have its own policies regarding
cancellations, rescheduling and refunds. It is the Buyer’s responsibility to comply
with these policies. Such policies may differ for each Seller involved with the
combination ticket. Indexic is not responsible for these Seller’s policies and will
not be held liable for any loss or damages incurred by Buyer because of their non-compliance
with the policies of each Seller.
Indexic and Buyer are independent contractors, and no other relationship besides
that of independent contractors is implied or created by this Buyer Terms agreement.
Each ticket purchased through Event Book or the Services will have a non-refundable
service fee that shall be charged to the Buyer during the check out process. For
combination tickets, a service fee is accessed for each ticket purchased in the
combination ticket package. Once tickets are purchased, service fees are not refundable
to the Buyer for any reason.
Buyer agrees that Indexic will not be held responsible or liable for any unlawful,
tortious or other harmful conduct of Sellers. If Buyer believes Buyer has been subject
to such conduct, Buyer should alert Indexic and seek remedy directly from the Sellers.
Indexic will not be held responsible or liable for any conduct of the Seller.
Indexic reserves the right to change, perform maintenance or cause a temporary interruption
of the Site and/or Event Book with or without notification to the Buyer. Buyer agrees
not to hold Indexic liable for any change, modification or service interruption
for any reason. Indexic does not guarantee that it can provide continuous, uninterrupted
service to the Buyer, and the Buyer acknowledges that there may be outside factors
beyond Indexic’s control that may impact Indexic’s ability to provide the services
OTHER THAN AS EXPRESSLY PROVIDED IN THIS AGREEMENT, INDEXIC (INCLUDING ITS OWNERS,
SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES,
REPRESENTATIVES, AGENTS, ATTORNEYS, SUCCESSORS AND ASSIGNS) OFFERS THE SERVICES
AND THE SITE “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION EXPRESSED,
IMPLIED OR STATUTORY; AND DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
INDEXIC SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL
OR PUNITIVE DAMAGES (INCLUDING LOSS OF INCOME, PROFITS OR GOODWILL), HOWEVER CAUSED
AND REGARDLESS OF THE THEORY OF LIABILITY (WHETHER BASED ON AN ACTION OR CLAIM IN
CONTRACT, EQUITY, NEGLIGENCE, INTENDED CONDUCT, TORT OR OTHERWISE), ARISING OUT
OF THIS AGREEMENT, THE SERVICES OR THE SITE. WITHOUT LIMITING THE GENERALITY OF
THE FOREGOING, IN NO EVENT SHALL INDEXIC BE LIABLE TO BUYER OR ANY PERSON OR ENTITY
CLAIMING BY OR THROUGH BUYER, REGARDLESS OF THE THEORY OF LIABILITY, AND WITH RESPECT
TO ALL SUCH CLAIMS, FOR AN AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE AMOUNT BUYER
HAS PAID TO INDEXIC FOR THE SERVICES RECEIVED.
Buyer agrees to indemnify, defend and hold Indexic (including its owners, shareholders,
members, directors, officers, employees, subsidiaries, affiliates, representatives,
agents, third-party contractors, attorneys, successors and assigns, and any other
party involved in creating, producing or delivering the Site or the Services) harmless
from any loss, liability, claim or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of Buyer’s use of the Site or the
Services; and Buyer agrees to advance expenses and fees, including reasonable attorney's
fees, to Indexic upon demand in the event Indexic is made a party to or threatened
to be made a party to any action, suit, arbitration or other proceeding by any party
due to or arising out of Buyer’s use of the Site or the Services.
These Buyer Terms shall be interpreted in accordance with the laws of the state
of South Carolina, exclusive of its conflict of laws provisions. Any dispute or
claim arising out of, or in connection with, these Buyer Terms shall be finally
settled in the Magistrate Courts of Charleston County, South Carolina. In the event
that the jurisdictional requirements are not satisfied for appearance before the
Magistrate Courts of Charleston County, any such dispute or claim shall be deemed
to concern interstate commerce and shall be resolved by binding arbitration in Charleston,
South Carolina and the then-current rules and procedures of the American Arbitration
Association by one (1) arbitrator appointed by the American Arbitration Association.
The arbitrator shall apply the law of the State of South Carolina, without reference
to rules of conflict of law or statutory rules of arbitration, to the merits of
any dispute or claim. Judgment on the award rendered by the arbitrator may be entered
in any court of competent jurisdiction in Buyer’s state of residence. The parties
agree that, any provision of applicable law notwithstanding, they will not request,
and the arbitrator shall have no authority to award punitive or exemplary damages
against any party.
These Buyer Terms (including any other terms incorporated herein by reference) constitute
the entire agreement between Buyer and Indexic. Any other agreement, either written
or oral, is deemed null and void with the execution of the Buyer Terms. Buyer may
not transfer or assign Buyer’s rights or obligations hereunder to another party
without the written consent of Indexic. Indexic is not obligated to allow this assignment
and may refuse based upon its sole discretion.
If any provision or portion of this Buyer Terms is determined to be invalid under
any statute or rule of law, it is to that extent deemed to be omitted, and the balance
of the agreement shall remain enforceable.
The failure of Indexic to fully exercise any right or the waiver by Indexic of any
breach, shall not prevent a subsequent exercise of such right or be deemed a waiver
of any subsequent breach of the same or any other term of this agreement.
All correspondence between Indexic and Buyer shall be executed via email. Initial
emails to Indexic shall be sent via the “Contact Us” link and emails to Buyer shall
be sent to the email provided on the “Contact Us form”. Upon receipt of an email,
Indexic will send an automatic response back to Buyer indicating that an email has