The following sets out the terms and condition for use of the The Pole Society website, application and our services.
1.3 We reserve the right to change these Terms from time to time by changing them on the App, although no such change will affect any Purchase you have already made with us. Your continued use of the App and any new Purchases will be bound by the new Terms. These Terms were last updated on August 02, 2014.
1.4 As a consumer, nothing in these Terms will prevent you or stop you from being able to enforce or receive the full benefit of your legal rights provided under general Romanian law. For more information regarding your rights, please consult The National Authority for Consumer Protection (Autoritatea Nationala pentru Protectia Consumatorului) at the following website: http://www.anpc.gov.ro
1.5 In these Terms we use various capitalized terms (they are "defined"). This means they have special meanings, found in the next-to-last section of these Terms.
2.1 To use the App and make any Purchases, you must be 18 or over. By continuing to use the App and agreeing to these Terms you are representing to us that you are 18 and we can rely on this representation.
2.2 The App and the Events offered on the App are only directed at people who access the App and make Purchases in Romania. We do not represent that any Events are suitable outside Romania during this time and you should be careful to satisfy yourself of a Event's suitability to your circumstances (such as considering your travel arrangements to/from the event because unless this is expressly stated as part of the Event, it is not included as part of the Purchase). If you choose to use the App or make a Purchase outside Romania you do so at your own initiative. The Advertising package is available worldwide.
2.3 We grant you a limited license to use the App to access and use our services for your own personal and non-commercial use, provided that you comply fully with these Terms (e.g. you must not re-sell the Tickets).
2.4 If you are a business owner or NGO, we grant you a limited license to use the App to access and use our services for commercial use, meaning selling tickets, charge for a service or receive donations, provided that you comply fully with these Terms. Selling tickets requires a prior authorization and checking.
2.5 We reserve the right to prevent you using the App or making Purchases and/or sales, however we will honor Purchases and/or sales already made, unless you have not complied with these Terms or we are unable to because of circumstances outside our control. For more on this, please read below.
3.1 We cannot guarantee the continuous, uninterrupted or error-free operability of the App. There may be times when certain features, parts or content of the App, or the entire App, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the App, or any features, parts or content of the App.
3.2 We may change the format and content of the App from time to time. We reserve the right to modify, change, substitute or withdraw any Events or other information on our App. You agree that your use of the App is on an 'as is' and 'as available' basis and at your sole risk.
4.1 Why register? To put simply, if you don't register an account, you won't be able to make any Purchases, create an Event and/or sale Tickets, Services or receive Donations or Advertise. This is because you need an account in order to view your Purchased Tickets, redeem them (if required), view your past Purchases, store your financial details and modify your preferences, create an Event and receive payment to name a few. We reserve the right to decline a new registration or cancel your account at any time (including if you don't provide us with a valid e-mail address that is personal to you, or if you don't provide us with a correct name and surname).
4.3 In order to register and access your account, you will need to choose a password. It is important you keep this password confidential because you are entirely responsible if you do not maintain the confidentiality of your password to a reasonably expected standard and Purchases and Sales are made via your account. Let us know as soon as you become aware there has been a breach of security and we will suspend your account. You agree that any person who you directly or implicitly permit to use your password (implicitly, for example, because you do not log out of your account and another person uses your device to make Purchases or Sales or you write your password on a noticeboard in your home and a family member then uses it to gain access to your account) is authorized to act as your agent to use the App and make Purchases or Sales via your account. You will not be responsible to pay for Purchases made after you have notified us of a password change or that security has been compromised.
4.4 One individual user is allowed to register only one account on the App. You warrant that you will not create fraudulent accounts. You also warrant that you will not use any fraudulent activities.
5.1. Apart from the mechanical completion of the electronic registration form, the User can also register a User Account on the App through his/her profile in Facebook – a social communication network, through the Facebook Connect service. When creating a User Account via Facebook Connect all or part of the data necessary for the registration will be directly and automatically sent from the Facebook account of the User and received by the App. By applying for registration on the The Pole Society via Facebook Connect the User gives their consent for the data in their Facebook account (facebook.com) to be accessed and conceded by Facebook (Facebook Inc., Facebook Ireland Limited, as well as by any other person who participates in the services provided by the facebook.com website and who processes the data of the User) to The Pole Society.
6.1 You may only use the App for non-commercial use if you are a regular user and only in accordance with these Terms. You may retrieve and display content from the App on a computer or mobile device screen, print and copy individual pages and Tickets and, subject to the next section, store such pages and/or Tickets in electronic form. Additional terms may also apply to certain features, parts or content of the App and, where they apply, they will be displayed before you access the relevant features, parts or content.
6.2 You may only use the App for commercial use if you are a registered company or NGO and are allowed by the Law to sell Tickets, Services and receive Donations.
7.1 Except to the extent expressly set out in these Terms, you are not allowed to: • store pages of the App on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all or most of the pages of the App; or • remove or change any content of the App or attempt to circumvent security or interfere with the proper working of the App or the servers on which it is hosted.
7.2 You must only use the App and anything available from the App for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.
7.4 Subject to intellectual property rights of third parties, save with the consent of the right holder;
7.5 Constituting trade or professional secret or any other confidential information, whose disclosure is forbidden by a contract, law or an act of a competent state or municipal authority;
7.6 Containing information of other users’ passwords or access rights without the consent of their holder, as well as software for access to such passwords or rights;
7.7 Containing personal data regarding third parties or any other information protected by law, except in compliance with all applicable requirements for their protection, processing and use;
7.8 Calling for or containing human or animal violence, humiliation of human dignity, threats to life and physical integrity of persons or animals;
7.9 Depicting accidents and other serious incidents or crimes; victims of accidents, incidents or crimes;
7.10 With pornographic or explicit sexual content;
7.11 Representing or calling for discrimination, based on sex, race, nationality, ethnicity, citizenship, origin, religion or belief, education, beliefs, political affiliation, personal or public status, disability, age, sexual orientation, marital status, property status or any other signs as well as propagating any other undemocratic ideology;
7.12 Harmful to the good name, honor or dignity of third parties;
7.13 Calling for a violent change of the constitutional order, commission of a crime, personal violence or incitement of racial, ethnic or religious hatred;
7.14 Presenting or encouraging behavior, which threatens environment protection;
7.15 Containing information, inciting the commission of terrorist activities and any information relating to terrorism;
7.16 Violating any proprietary rights or any legitimate interests of third parties;
7.17 The User undertakes in the process of use of the Services provided by The Pole Society:
7.17.2 Not to use, copy and distribute User Content, uploaded by other Users or any other content accessible on the The Pole Society for any commercial purposes;
7.17.3 Not to use methods causing the unwanted loading of content unauthorized by the Internet users by using “pop-up”, “blind link” and the like;
7.17.4 Not to impersonate another person or representative of a person who is not authorized to represent or otherwise mislead The Pole Society or third parties with regard to his/her identity or affiliation to a certain group of people;
7.18 All rights granted to you under these Terms will terminate immediately in the event that you have not followed your responsibilities as required by them (legally known as a "breach").
8.1 All intellectual property rights (which includes rights such as copyright, and rights in trade marks and patents) in any content of the App (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us and/or our licensors. Except as expressly set out in these Terms, nothing in these Terms gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the App. If you print off, copy or store pages from the App (only as permitted by these terms and conditions), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.
8.2 You agree that by submitting any posting, images or other content for publication on the App (Your Content), you retain any copyright you may have in Your Content, however you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and license to use, reproduce, edit, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or in part) and/or to incorporate it into other works in any form, media or technology, whether for commercial or non-commercial purposes. You waive any moral rights you may have in, or to be identified as the author, of Your Content.
8.3 You are solely responsible for Your Content (including content you share with other sites, such as social networking sites) and we do not endorse Your Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with Your Content.
9.1 The App may, from time to time, include links to external sites. We have included links to these sites to provide you with access to information and services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators.
11.1 Your relationship with the Merchant: Except for a very small number of Events, we act as a disclosed agent for our Merchants, such as a theatre or concert promoter. This means that the contract for the Event is between you and the Merchant. In most cases this means there are likely to be additional terms and conditions which apply to your contract with the Merchant (because each Merchant has different terms relevant to the Event, for example a concert promoter will have different terms of entry than a theatre). These additional terms, if any, shall be made known to you at the time of Purchase, and/or you may Contact US for details. We will also provide a link to the terms in the ticket confirmation email and/or as part of the redemption instructions we send you. You shall ensure that anyone using a Ticket with a Merchant complies with those terms.
11.2 Where we act as agent this means that we have no contractual liability to you in respect of that particular Event. However, we may still be liable to you if we have been negligent, made a fraudulent misrepresentation or been in breach of any other relevant law. For a small number of Events we may act as principal rather than agent, which means the contract for the Event is between you and us. We will let you know where we act as principal, otherwise we will always be acting as agent.
11.3 It is important to note that it is the Merchant, not us, who is the seller of the Events. Therefore, if you have a complaint with the quality of the Events your complaint lies with the Merchant, not S.C. FREEDOM MASK S.R.L., although we'd still love to hear your feedback so we can decide whether or not to continue offering events from that Merchant in the future. Contact details for the Merchant will be provided in the confirmatory email and/or in the redemption instructions we send you when you make a Purchase. We will of course use our reasonable endeavors to assist you with providing feedback to the Merchant if you so request: Contact Us.
11.4 Since your contract is not with us, but with a Merchant, we may pass essential booking details to that Merchant (remember, they are not a part of our company, but are third parties to whom we act as agent for). The placing of an order to purchase a Ticket will constitute consent to us passing your details for this.
11.5 Tickets: For most events you will receive an electronic Ticket or redemption instructions, since The Pole Society generally works on the basis of selling last-minute Event tickets (e.g. theatre seats). Sometimes you will need to collect your Tickets from the box office where we are unable to send the electronic Ticket straight to your account. You will be notified if this is necessary. You must take the acknowledgment of your order with you and the credit/debit card you used to make the order.
11.6 Tickets must be used by the date of the Event shown on the Ticket, or it will no longer be valid (and you will not be entitled to a refund).
11.7 Tickets may be restricted to a maximum number. You will be informed of this at the point of purchase.
11.8 It is your responsibility to check your Tickets as if you have made a mistake it cannot always be rectified after purchase. Please check your Ticket(s) on receipt carefully and Contact Us immediately prior to the Event if there is a mistake, or if you have not received your Ticket(s).
11.9 It is your responsibility to ascertain whether an Event has been cancelled or re-scheduled and the date and time of the re-scheduled Event. We will use reasonable endeavors to notify you of a cancelled or re-scheduled Event but we do not guarantee you will be informed of such cancellation before the time for the Event.
11.10 Process of purchasing: Tickets may be Purchased by clicking on the Events you wish to Purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the "Confirm Booking" button within the App.
11.11 Where a concession is claimed, proof of identity and concession entitlement (for example of age or student status) may be required.
11.12 Once submitted, your order constitutes an offer to us to Purchase a Ticket. All orders are subject to acceptance by us. We are not obliged to accept your order and may, in our discretion, decline to accept any order. Where we accept your order, we will confirm such acceptance to you by sending you an email that confirms that we have accepted your order and providing details of your Ticket. Notwithstanding our acceptance, we may immediately terminate or suspend the Purchase (and suspend or void the Ticket) if subsequently your payment details are found to be invalid or lack funds by our payment provider, or we or our payment provider reasonably suspect fraudulent behavior linked with your account.
11.13 Reproduction, sale, resale or trade of a Ticket is prohibited. If you attempt to do this we reserve the right to void the Ticket and cancel your account. However, we encourage you to Purchase Tickets and give them as gifts!
11.14 Additional terms: Your ticket remains the property of the Merchant and is a personal revocable license, which may be withdrawn and admission refused at any time upon refunding the printed purchase price.
11.15 Our Merchants may prohibit us from issuing exchanges or refunds after a Purchase is made, or for lost, stolen, damaged or destroyed tickets. It is your responsibility to keep your tickets safe, whether in digital or paper ticket formats. It is not always possible to issue duplicate tickets. If duplicates are being issued, a reasonable administration charge may be levied.
11.16 We may limit the amount of Tickets you can buy to an Event. We reserve the right, on reasonable suspicion, to cancel without notice or liability to you any order for Tickets purchased over any specified limits or if we reasonably suspect fraudulent conduct in connection with the Purchase.
11.17 A ticket shall not be used for advertising, promotions, contests or sweepstakes without the Merchant's and S.C. FREEDOM MASK S.R.L. written consent.
11.18 Tickets are sold subject to the Event Partner's right to alter or vary the programme due to events or circumstances beyond its reasonable control without being obliged to refund monies or exchange Tickets other than in certain cases set out in Our refunds policy.
11.19 The venue may refuse or revoke admission should you or your guests breach any terms and conditions of the Event or Merchant, or otherwise upon reasonable grounds. Every effort to admit latecomers will be made at a suitable break in the event, but admission cannot be guaranteed. Ticket-holders may only leave and re-enter a venue during an Event at the discretion of the management of the venue. You only have the right to a seat corresponding to that stated on the Ticket, but the Merchant reserves the right to provide alternative seats to those stated on the Ticket.
12.1 All Ads destined for outdoor advertising in Bucharest are displayed on the Phoenix Media digital billboards (LCD and LED).
12.2 In case there is a problem on our behalf with displaying your Ad (a screen is down, internet connection is down, or any reason why the Ad did not make it to the screens), you will be notified and the money will be refunded to your account.
12.3 You agree and understand that no Ads that are indecent, vulgar, explicit, instigating to violence, immoral, advertising banned or illegal products or services or substances, as well as products that are illegal to advertise on public space, will be sent to the screens.
12.4 All Ads are moderated and have to comply with the current Terms of Service.
12.5 In case a user submits Ads violating the current Terms of Service, they will be notified and their Ad removed.
12.6 In case a user submits more that 3 times content severely violating the current Terms and Conditions, the user risks to be permanently banned from the platform and the fee for the Ad will be retained from their account.
13.1 The price of Tickets is as quoted on the App from time to time. Prices include VAT, if applicable. Prices are liable to change at any time, but changes will not affect Purchases in respect of which we have already sent you an email confirmation.
13.3 You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorize payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.
14.1 Purchases for Tickets cannot be exchanged or refunded, except in the following circumstances: (a) If we discover an error in the price of the Tickets you have ordered, we will use reasonable endeavors to inform you as soon as possible and allow you to either reconfirm your order at the correct price (crediting or debiting your account as applicable), or cancel your order. If you choose to cancel, you will receive a full refund from us if you've already paid. If we are unable to contact you, this will be treated as a cancellation. (b) If an Event is cancelled or re-scheduled (and you cannot attend the re-scheduled date), or there is a material change to the subject matter of the Ticket contract (that is what you have contracted to see), we will give you a full refund of at least the face value price paid or, if the face value has been reduced by the Merchant, the discounted face value price paid. A 'material' change is one which, in our reasonable opinion, makes the Event materially different to what a purchaser of the Event, taken generally, could reasonably expect. The use of understudies in a theatre performance does not constitute a material change. Where an outdoor Event is cancelled or re-scheduled because of the weather, we shall not be liable to pay a refund but you may still be eligible for a refund direct from the Merchant according to the terms and conditions of the Merchant applicable to the Purchase. In order to claim your refund, please, Contact Us as soon as possible after becoming aware of such change or cancellation, or where the Event has been re-scheduled, at least prior to the re-scheduled Event. In any event, you must apply within three months of the original date of the event. (c) If you call or email us informing of your booking cancellation, and get a confirmation from our
14.2 Paying refunds: We will usually refund any money received from you using the same method originally used by you to pay for your purchase. You may reject a credit or refund within 30 days of receiving the credit or refund, but if you do not reject the credit or refund by notifying us within that timeframe you will be deemed to have accepted the credit or refund in full and final settlement of any and all claims, actions, demands and proceedings you may have against S.C. FREEDOM MASK S.R.L. arising out of the Ticket or Purchase for which you received the credit or refund.
14.3 Your legal rights: Nothing in these Terms limits or takes away from your legal rights under general law, including your rights to cancel contracts and receive refunds for goods and/or services purchased by distance means. This cancellation right does not apply to contracts for the provision of accommodation, transport, catering or leisure services on a specific date or within a specific period. As such, Purchases made via the App are generally non-cancellable and non-refundable, although you may be entitled to a refund in certain circumstances (see Our Refunds Policy).
15.1We warrant that we will exercise reasonable care and skill in performing our obligations under these Terms. Provided we have done so, we shall not be liable for errors or omissions, although we do, however, issue credits and refunds in limited circumstances (see section Our Refunds Policy). In the event of an error or omission we will use reasonable endeavors to correct any errors or omissions as soon as reasonably practicable after we become aware. Except as expressly stated in these Terms, all warranties, conditions or other terms, whether express or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law. This does not stop you from exercising your legal rights under general law to the extent that we cannot lawfully exclude them, or claiming any remedies you might be entitled to under general law.
16.1 Nothing in these Terms shall limit or exclude our liability to you: • for death or personal injury caused by our negligence; • for fraudulent misrepresentation; • for any other liability that may not, under Romanian law, be limited or excluded.
16.2 Subject to this, in no event shall we be liable to you for any business losses (and loss of profits shall always be treated as a type of business loss) and any liability we do have for losses you suffer arising from any Purchases shall not exceed 100% of the aggregate amount spent on the Purchase for the relevant Ticket(s). Further, our liability to you for any and all losses however they arise in connection with these Terms and your use of the App (including any Purchases) is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
16.3 Other than as expressly described in these Terms, S.C. FREEDOM MASK S.R.L. does not warrant and excludes all liability in respect of, or to provide, the Events for which Tickets may be redeemed, including in respect of the quality, safety, usability or any other aspect of the Events in respect of which a Ticket is or may be redeemed. We do, however, issue credits and refunds in limited circumstances (see section Our Refunds Policy).
16.4 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that are caused by events outside our reasonable control.
17.1 We may suspend or terminate all or part of your use of the App, your account and/or a Purchased Ticket if you use (or permit anyone other than you to use) the App, your account or a Purchased Ticket in breach of these Terms and we do not reasonably consider that your breach can be resolved, or if it can be resolved you have failed to resolve it to our reasonable satisfaction after we have asked you to do so and given you a reasonable opportunity to do so.
17.2 Termination shall not prejudice any other right or remedy you or we may have in respect of accrued rights (including rights in respect of any breach) or liabilities which arose prior to termination.
18.1 These Terms are personal to you. You may not transfer or assign any or all of your rights or obligations under these Terms to any other person without our consent.
18.2 All notices given by you to us must be given in writing to the address set out at the end of these Terms. We may give notice to you at either the email or postal address you provide to us when placing an order.
18.3 If we fail to enforce any of our rights, it does not result in a waiver of that right.
18.4 If any provision of these Terms is found to be unenforceable, that provision shall be struck out and where capable all other provisions shall remain in force unaffected.
18.5 These Terms may not be varied except with our express written consent.
18.6 These Terms and any document expressly referred to in them constitute the entire agreement between you and us about the subject matter of these Terms and, in relation to such subject matter, supersedes and extinguishes all earlier understandings and agreements between you and us and all earlier representations by us, including any innocent or negligent misrepresentations. We do not limit our liability to you for any fraudulent misrepresentations made by us in these Terms or otherwise.
18.7 All provisions of these Terms apply equally to and are for the benefit of S.C. FREEDOM MASK S.R.L., its group members (which means, in relation to S.C. FREEDOM MASK S.R.L., any "group undertaking" and the Merchants at any relevant time and each shall have the right to enforce such provisions directly or on its own behalf (save that these Terms may be varied or rescinded without the consent of the group members and the Merchants). Subject to the previous sentence, no term of this Agreement is otherwise enforceable pursuant to the Contracts by any person who is not a party to it.
18.8 These Terms (and all non-contractual relationships between you and us) shall be governed by Romanian law, and you agree that any dispute between you and us regarding them or any Purchase will only be dealt with by the nearest courts in Romania (nearest to where you reside).
19.1 In the first instance we request that you Contact Us if you have a complaint against us and we shall try to resolve it.
19.2 Nothing limits your right to bring a complaint against us by applying to your nearest court in Romania.
If you download, access and/or use the App on Apple’s iOS operating system:
20.1 The App may only be accessed and used on a device owned or controlled by you and using Apple’s iOS operating system, and only in accordance with Apple’s usage rules published in its App Store terms of service;
20.2 You acknowledge and agree that: a) Apple has no obligation at all to provide any support or maintenance services in relation to the App. If you have any maintenance or support questions in relation to the App, please Contact Us, not Apple, using the details in these Terms; b) Except as otherwise expressly set out in these Terms, any claims relating to the possession or use of the App are between you and us (and not between you, or anyone else, and Apple); c) In the event of any claim by a third party that your possession or use (in accordance with these Terms) of the App infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim; and d) Although these Terms are entered into between you and us (and not Apple), Apple, as a third party beneficiary under these Terms, will have the right to enforce these Terms against you;
20.3 You represent and warrant that: a) You are not, and will not be, located in any country that is the subject of a United States Government embargo or that has been designated by the United States Government as a "terrorist supporting" country; and b) You are not listed on any United States Government list of prohibited or restricted parties; and
20.4 If the App does not conform to any warranty applying to it, you may notify Apple, which will then refund the purchase price of the App (if any) to you. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or other term in relation to the App and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the App or as a result of you or anyone else using the App or relying on any of its content.
"Merchant" means a third party partner of The Pole Society who sells the events and services for which a Purchase can be made. "Purchase" or "Purchased" means the purchase of a Ticket or Service. "Ticket" means a ticket for a particular Event from a Merchant, which is subject to any additional terms of entry set by the Merchant. “Service” means any service that the Merchant is selling. "Events" means the events and/or services offered by a particular Merchant for which a Purchase can be made. “User” is any person that uses the information services and resources provided through the App.
Please submit any questions you have about these Terms, an order you have placed or purchasing in general by email to email@example.com, by telephone on +40 729 857 842 between the hours of 9am to 5pm, Monday to Friday (Romania time) or write to us at: The Pole Society 85 Aleea Privighetorilor, Building B, Entrance 1, Suite 68, 018031 Bucharest, Romania T: +40 729 857 842