GENERAL TERMS - AGREEMENT FOR THE PROVISION OF TICKETING SERVICES
These General Terms and Conditions include the terms and conditions under which the company under the name "MORE.COM ONLINE SERVICES SINGLE MEMBER SA" and distinctive title "MORE.COM ONLINE SERVICES" (hereinafter "MORE.COM"), which is incorporated and operates under Greek Law, based in Maroussi, Attica, Arcania Business Center, Amaroussiou - Chalandriou, No. 18-20, with Tax Identification Number 998988329, Tax Office of Athens, with GEMI No. 006549001000, provides to companies producing shows and events registered on the website https://teller.more.com/signup.aspx (hereinafter referred to as the "Partner") access to the MORE.COM’s e-ticketing application for the provision of ticketing services and ticketing of the Partner Events, through the available distribution channels (indicatively electronically via www.more.com/tickets).
Upon completion of the registration of the Partner on the website https://teller.more.com/signup.aspx, the Partner explicitly and unconditionally accepts those present.
1. Cooperation Framework
1.1. The Partner organizes and / or presents to the public Events and declares that the Partner has a legal right and/or the permission to assign the issuance of tickets for these Events to third parties. The cooperation may also concern Partner's Events via the "Streaming" feature or other similar implementation, upon request.
1.2. The Partner registers on the platform those Events for which the Partner wishes the availability of tickets through the MORE.COM e-ticketing Application. MORE.COM undertakes in the name and on behalf of the Partner the issuance of legal documents that incorporate the tickets, in accordance with the provisions set out the applicable legislation.
1.3. The Partner may exhibit and sell through the platform products related or not related to the Events it organizes (such as but not limited to clothing, food - snacks, soft drinks, alcoholic beverages, etc.).
1.4. The Partner accepts and acknowledges explicitly and unconditionally that MORE.COM may, at its sole discretion and judgment, provide services similar or identical to those provided to the Partner and any any third party, even if the latter organizes Events similar or identical to those of the Partner.
1.5 The present Terms & Conditions are valid from the date of their acceptance by the Partner and for an indefinite period of time until the termination of the cooperation in any way. The Partner may terminate this cooperation at any time and without compensation, by written notice to more.com via email at tickets@more.com-, which will immediately deactivate the Partner 's access to the account held on the more.com platform, provided that at the time of termination there are no Events for which tickets are available through the Application. In the event that the Partner breaches any of its obligations under these terms, MORE.COM is entitled either to suspend, for as long as the Partner's breach of obligations lasts, or to terminate this cooperation without prejudice to itself and with immediate effect, by written notification to the Partner and deactivation of its account on the Application.
1.6. For the collection of the price of the issued tickets, the Partner enters into an agreement with the Electronic Money Institution under the name "VIVA PAYMENTS SERVICES SINGLE MEMBER S.A." (hereinafter “VIVA PAYMENTS”), licensed by the Bank of Greece, by accepting the terms of payment services (http://www.viva.com) and the money collections of the ticket sales will be paid by VIVA PAYMENTS to the account held by the Partner in VIVA PAYMENTS (“viva.com account”).
1.7. By accepting the present Terms & Conditions, the Partner accepts and consents to the payment of its debts to MORE.COM, by automatic debit of the viva.com account. The above charge is made by order of MORE.COM as a beneficiary of collection, at the authorization provided by the Partner, based on data that MORE.COM will transmit to VIVA PAYMENTS and this account will be charged with an amount equal to the amount due at any given time, the amount of which is proved in writing.
2. Cancellation of Events
2.1. The Partner undertakes that in any case of cancellation or postponement of the Event for any reason, it is obliged to refund the full price of the issued and paid tickets directly to the consumers, according to their wish not to attend the Event on the new date set, within an exclusive period of fifteen (15) calendar days from the date of the official announcement of the cancellation/postponement. In addition, the Partner undertakes to bear any costs (e.g. bank transaction costs) that may arise from the refund of the ticket price. The Partner acknowledges and accepts that since the tickets of its Events are made available through MORE.COM's sales channels directly to its clientele, any delay in the refund by the Partner damages both MORE.COM and the network of its affiliates that mediates in the distribution of the tickets to the consumers and, therefore, claims for compensation against the Partner arise.
After the expiry of the aforementioned period of fifteen (15) calendar days, if the Partner has not made – either in whole or in part - the refund of the ticket price to the consumers, the Partner provides the express and unconditional discretion and authorization to MORE.COM to cancel the issued tickets and refund the price to the consumers by debiting the account held by the Partner in "VIVA PAYMENTS". In the event that the Partner's account does not have a sufficient balance to refund the price of the tickets, MORE.COM may, at its discretion, undertake this - partial or total - repayment to the consumers, without prejudice to claim by any legal means, out of court and/or in court, before any competent Court and Authority, the compensation of any damage and loss of earnings as well as non-material loss.
2.2. In any case, the Partner explicitly and unconditionally accepts and acknowledges that it remains solely liable to consumers for any direct, indirect or consequential loss, including loss of earnings or loss of profit, loss of opportunity, loss of anticipated savings, loss or destruction of data and in general for any other loss or damage, which is due to or relates to the cancellation/postponement of the Event, and that MORE. COM shall not be liable for the remedy and restoration of any consumer loss or damage due to the above causes.
2.3. The Partner agrees and accepts expressly and unconditionally that it is solely responsible for the timely notification of consumers in case of cancellation/postponement of the Event. In particular, the Partner undertakes to make an official announcement to consumers within an exclusive period of two (2) calendar days from the cancellation/postponement of the Event, regarding the reason for the cancellation/postponement of the Event, the way and the timeframe for the refund of the ticket price to them, in case of cancellation of the Event, or the new date set for the Event, if known, in case of postponement of the Event. Exceptionally, in cases where the cancellation/postponement of the Event takes place on the same day of the Event, the Partner undertakes to inform the public by any appropriate means at its disposal within two (2) hours of the cancellation/postponement of the Event.
2.4. The Partner undertakes to inform MORE.COM in writing within an exclusive period of twenty-four (24) hours from the day and time of cancellation/postponement of the Event about the content and time of publication of its official announcement to the public, as well as the manner and time of refund of the ticket price to consumers or the new date of the Event, if known. Exceptionally, in cases where the cancellation/postponement of the Event takes place on the same day of the Event, the Partner expressly undertakes to inform MORE.COM accordingly within one (1) hour of the cancellation/postponement of the Event.
2.5. The Partner agrees and accepts that MORE.COM shall not be responsible for informing consumers in case of cancellation/postponement of the Event. The contribution of more.com in informing consumers remains voluntary and, in any case, auxiliary, supportive and advisory and is subject to its discretion, if the Partner requests its assistance in writing. In any event, for any of the above information (i.e., the manner and timing of the refund of the ticket price to consumers or the new date set for the Event), MORE.COM will, at its sole discretion, refer consumers directly to the Partner through its official website www.more.com.
2.6. The Partner acknowledges and accepts that in case of non-compliance with this article, MORE.COM may suspend and/or terminate this cooperation with immediate effect, by written notification to the Partner and consequently deactivate the latter's account on the Application and/or take any other measure against the Partner (such as. e.g., indicatively to stop advertising/promotional activities for the Partner's Events until the fulfilment of its obligations) as well as to claim compensation from the Partner for any loss or damage, direct or indirect, loss of earnings or loss of profit, suffered by it as a result of its failure to comply with its contractual obligations.
3. Obligations and Rights of VIVA- Partner
3.1. The Partner has no claim for any direct, indirect or consequential damage or loss, including loss of earnings or profit, loss of opportunity, loss of anticipated savings, loss of business/opportunity, loss or destruction of data and in general for any damage or loss caused by or relating to the access and/or use of the Application.
3.2. The Partner acknowledges and accepts that it is solely responsible for checking the operation of the Application to confirm the suitability of its configuration for its needs. MORE.COM cannot be held responsible for any error in the configuration of the Service. The Partner is solely responsible for the transmission of the Events via "Streaming", for their content, including the copyright and licenses of any third party, as well as for the logistical infrastructure for their realization.
3.3. MORE.COM provides the Partner with a digital (online) management tool, through which the Partner can be informed in real time about the tickets sold through the Application, as well as the names of the holders of these tickets (or other data, if necessary). Under no circumstances MORE.COM guarantees the amount of sales of the Event tickets nor MORE.COM is obliged to allocate a specific number of tickets or to achieve a specific amount of sales in any sense.
3.4. The Partner is solely responsible for the organization and holding of the Events and therefore assumes and carries any risk arising from them, as well as all obligations to third parties from wherever they arise (eg from a contractual commitment, legislative order, administrative or judicial decision, etc.).
3.5. MORE.COM is not involved and consequently does not assume any obligation or responsibility regarding the sales of Event tickets that are not carried out through the Application or the sales channels that MORE.COM manages and operates - as e.g. the sales carried out at the tellers/cashiers where these ticket sales are made, and / or at other physical points of sale that may have been designated by the Partner in the context of the Partner’s direct agreement with these points, always in compliance with the current terms.
3.6. The Partner ensures that the staff at the venue of each Event receives the necessary information in a timely manner with all completed transactions, in order to be able to identify the ticket holders and deliver to them the physical tickets (in cases where no electronic tickets exist).
3.7. The start of ticket sales for the Events at the location where they will be held, as well as the corresponding number of tickets that can be sold through the Application for each of the Events will be determined by the Partner in agreement with MORE.COM. Following implementation of the mechanism and in any event prior to the commencement of the pre-sale of tickets for the Events, the Partner is required to ensure that its Events comply with the requirements of the law and these Terms of Use and the Community Guidelines. In order to remove any misinterpretation, MORE.COM does not interfere with the Event details declared and configured by the Partner. As a consequence of the aforementioned, the Partner accepts that it cannot have any claim against MORE.COM for any issues arising from inconsistencies or non-compliance, as stated above, of the conditions/information declared exclusively by the Partner.
3.8 The Partner is obliged to mention in all of its communication material the channels of sale of tickets of more.com, as notified in writing by MORE.COM, which will include websites, telephone sales number and/or physical points of sale and ticket distribution in all of its communication material and in priority to any other point of sale that does not belong to the network of MORE.COM and has been allowed to it under this Agreement. In case of non-compliance with the obligation of this paragraph, MORE.COM has the right to suspend the sale of tickets for the Partner's Events until the latter demonstrably complies. In the event of non-compliance by the Partner within five (5) calendar days of the aforementioned suspension, MORE.COM may terminate this Agreement with immediate effect and without compensation for itself and in accordance with the relevant provisions of this Agreement on termination, reserving the right to recover any damage, including loss of earnings or loss of profit.
3.9. MORE.COM may, in the context of promoting and advertising its services through its third party partners, promote and advertise the Events of the Partner and through these third party partners, using titles, images, emblems, logos, trademarks and general elements of the Events that the Partner has registered on MORE.COM’s platform. The Partner explicitly and unconditionally accepts and consents to the said promotion and advertising of its Events through MORE.COM’s third party partners, acknowledges that it benefits from it and grants permission to use the titles, images, emblems, brands and general elements of the Partner's Events, in the context and for the purposes of the aforementioned promotion and advertising.
3.10. The Partner is solely responsible for compliance with all relevant provisions of tax legislation, consumer protection legislation and its obligations arising therefrom as well as any other applicable legislation.
3.11. The Partner undertakes to refrain from any reference and / or use of the name of MORE.COM in the media, in the press, in paper and / or electronic form, on the Internet and in social media, in a manner that is defamatory for MORE.COM and/or its partners/employees and/or its services. In the event of a breach of this term by the Partner, MORE.COM is entitled: i) to terminate this Agreement without compensation, with immediate effect; and ii) to claim compensation from the Partner for any damage, direct or indirect, including loss of earnings or loss of profit, suffered as a result of the defamation.
3.12. In the event that, due to a technical error and without any fault of the user, more than one purchase /order of the same service/product is made, the user is entitled to request the cancellation of the additional purchases /orders. Provided that the error is checked and confirmed, MORE.COM may, even immediately, proceed, without any notice or the consent of the Partner, with the cancellation of the aforementioned additional purchases /orders.
3.13. MORE.COM is entitled, at its discretion and without any prior notice or the consent of the Partner, to cancel consumer purchases/orders upon the consumer’s request, provided that the request was submitted by the consumer within 24 hours during business days, from the completion of the purchase/order.
4. Other terms
4.1. MORE.COM and the Partner acknowledge that, during the term of the present Agreement, they agree and apply what is stated in the Addendum on Personal Data Processing, which is attached hereto and is an integral part of this.
4.2. MORE.COM is not responsible for the inability to fulfill its obligations arising from this Agreement in the event that this default or failure is due to an accident or force majeure event. Indicative reasons for force majeure are earthquakes, strikes, floods, war, fires, explosions, acts of sabotage, natural disasters, terrorist acts, decisions or instructions/orders of supervisory bodies, administrative or judicial authorities, interruptions or failures of telecommunication networks, etc
4.3. MORE.COM may assign and / or transfer its rights and / or obligations arising from the present terms, in whole or in part, to affiliated companies, by simple written notification to the Partner, without its consent/approval to be required.
4.4. These Τerms constitute the entire agreement of the parties and supersede any prior oral or written agreement between them. These Terms may be unilaterally amended by MORE.COM at any time and the relevant amendment will be notified to the Partner by posting the relevant amendment on the website https://teller.viva.gr/signup.aspx and/or by any other appropriate means. The new terms shall apply in fifteen (15) calendar days after the aforementioned notification or, if technical or commercial adjustments are required by the Partner which the latter shall notify to MORE.COM immediately, they shall apply upon specific agreement of the parties. In any case, the Partner, if it does not wish to continue his cooperation with MORE.COM under the new terms, may terminate this Agreement at any time and free of charge by giving MORE.COM written notice.
4.5. In the event of any dispute arising from the present, the Courts of Athens shall have exclusive jurisdiction for its resolution and Greek law shall apply. In any case, before resorting to the Courts, MORE.COM and the Partner will make every effort to resolve the dispute amicably and out of court.
ADDENDUM ON PERSONAL DATA MANAGEMENT
This Addendum on Personal Data Processing is obligatorily incorporated in every contract between each Process Controller (such as trader, carrier, producer of shows, sports events, concerts, etc.) and MORE.COM as Executor Processing (issuance of tickets, provision of electronic payment services, electronic communications, etc.).
The Agreement is attached to the Original Agreement between the parties, insofar as it induces the processing of personal data, as defined in the General Data Protection Regulation (GDPR) and in the relevant Greek legislation.
This Addendum to the Original Agreement supersedes any prior contractual provision or clause concerning personal data, constitutes (Initial + Addendum) the overall relationship between the Parties and is signed between:
a) on the one hand of the Partner, as legally represented, who designates as "Responsible Processor", within the meaning of article 4 par. concerning an identified or identifiable natural person ("data subject") according to article 4 par. 1 of the GDPR.
b) on the other hand of the company under the name "MORE.COM ONLINE SERVICES SINGLE MEMBER SA" and distinctive title "MORE.COM ONLINE SERVICES" (hereinafter "MORE.COM"), which is incorporated and operates under Greek Law, based in Maroussi, Attica, Arcania Business Center, Amaroussiou - Chalandriou, No. 18-20, with Tax Identification Number 998988329, Tax Office of Athens, with GEMI No. 006549001000, as legally represented, which is processed as "Execution Processing", within the meaning of article 4 par. GIS, such as name, ID number, VAT number, email, phone numbers, address, internet browser IDs, credit, debit / prepaid payment card details, contact files, market profile, taste analysis, etc. which are specific to physical, normal, genetic, psychological, economic, cultural or social identity of the data subject.
Given the fact that:
I. The Process Controller has defined the purposes of processing in accordance with the applicable provisions on the protection of personal data and specifically in accordance with the provisions of GPD 2016/679 and Greek law as applicable.
II. The Process Controller has accepted that the processing of personal data by the Executor will be governed by the terms of use governing the services provided by the Processing under the existing contract between the parties.
III. The Process Controller has accepted that the Executor of personal data processing is compatible with the processing principles and the rights of the subject according to the Privacy Policy and Security of MORE.COM, as Executor.
In view of the above, the following were agreed and accepted:
1. Obligations of the Contracting Parties
Each Contracting Party undertakes the following additional obligations in relation to the Initial Contract:
1.1. to process personal data in accordance with the explicit consent of the subject to the Process Controller, respecting the principles of each individual process (legality, objectivity, transparency, purpose limitation, data minimization, accuracy, limitation of storage time, integrity, confidentiality and accountability) to protect the rights of the subject (updating, accessing, correcting, deleting, restricting processing, portability, objection and non-automated profile-based decision-making), in accordance with the GDPR, legislation, decisions by the local Data Protection Authority, written instructions and policy protection and security of the contractor, only for the period specified in the Agreement or in the law.
1.2 not to disclose, copy, provide access to personal data to any third party, not to entrust processing to a subcontractor or his addressees, without prior written permission and approval of the counterparty, subject to a binding order, prosecutor's order or decision by a supervisory, state, tax, prosecution or judicial authority which it is obliged to notify directly and in writing by any appropriate means to the contractor.
1.3. Immediately implement the appropriate technical and organizational measures (such as anonymization, pseudonymization, data encryption, security procedures, training, identification of authorized personnel, redesign of information systems, passwords, etc.), to establish compliance obligations and enforcement procedures personnel, security and protection of personal data from accidental or unlawful destruction, deletion or accidental loss, alteration, destruction, unauthorized disclosure, use or access and any other unlawful form of processing.
1.4. to comply with the overall regulatory requirements of the GDPR as well as to accept compliance audits by an auditor of choice and at the cost of the counterparty after prior written notification of one (1) month.
2. Data transmission
2.1. The transfer of personal data held, collected or processed by any party under its contract or commercial operation to countries outside the European Economic Area (EEA 28 EU plus Liechtenstein, Norway and Iceland) is prohibited in principle and is permitted only with the permission of the other party.
2.2. The transfer of data from one Party to other notified and approved subcontractors, by the other Party, based in non-EEA countries on the basis of EU adequacy decisions, binding company rules, standard contracts and approved codes of conduct, is exceptionally permitted.
3. Obligation to report security incidents
3.1. Each party is obliged to report in writing by any appropriate means to the other party, to the relevant Supervisory Authority and in exceptional cases, to the individuals themselves, any violations of personal data, as soon as they are found, and in any case not beyond the legal deadline of 72 hours as required under the GDPR.
3.2. Each report of a breach must add up to a) the type and cause of the leak, b) the time it was recorded or located, c) the printed records or electronic systems, d) the type, nature and categories of personal data that may have been intercepted or compromised; (e) the approximate number of persons affected (eg identity theft, customer codes, credit card numbers, f), the potential adverse consequences and risks for the persons affected (eg identity theft, customer codes, credit card numbers, etc.), based on the privacy risk and impact analysis (DPIA) study that it is required to perform, in cases where the law stipulates.
4. Legal liability of parties
4.1. Each party is fully liable to the other and is obliged to compensate it for any positive or negative damage caused to it by its actions or omissions.
4.2. Each party is obliged to cover, by way of example and not restrictively, any administrative fines imposed on the counterparty following audits by Supervisory Authorities, indemnities following lawsuits from clients or third parties, value of lost data, suspension of operations, loss of reputation or property, any other damage suffered in the course of their cooperation, unless it proves that the responsibility lies solely with the counterparty, in which case the innocent party is acquitted.
4.3. Each party may, at its discretion, insure against the relevant risks and in this case it is agreed that upon request it will notify the counterparty of the relevant insurance policy which will be valid at least equivalent to the data processing agreement between them.
5. Duration and Termination
5.1. This Agreement applies to the duration of the main contract.
5.2. Any refusal of a party to comply or a finding of a breach by the terms of the GDPR and the applicable law establishes the right to terminate the Agreement in favor of the counterparty and to deliver all the data, in printed or electronic form, in a format chosen by the counterparty, for transfer to a third party.
5.3. Any dispute between the parties is settled amicably otherwise by the courts of Athens, unless otherwise provided in the original contract.