Terms and Conditions
PagodaFest San Diego October 3-5, 2019
PagodaPASS Ticket Sales Terms & Conditions
These terms tell you who we are, how we provide your PagodaPASS tickets to you, what to do if there is a problem, and other important information. This website is hosted by Wix (the “Service”) according to their terms and conditions (www.wix.com/terms&conditions). Terms and conditions of any sites linked to by or from this Service may vary.
Who we are
All tickets purchased via this site are sold by PagodaFest San Diego under the auspices of Pagoda SL Group, Inc., PO Box 24802, Jacksonville FL 32241, USA, (“PagodaFest”). You can contact us by telephoning or emailing us at the contacts listed at the end of this notice.
PagodaPASS Ticket Rights
Each PagodaPASS ticket that you purchase from this Service is a revocable license to admit one (1) person to the PagodaFest San Diego event on October 3-5, 2019 (the “Rights”). Depending on the type of ticket purchased, you will have differing Rights. PagodaPASS tickets entitle the holder to attend all PagodaFest events, tech sessions, and meals. PagodaPASS Couple tickets entitle two persons to attend all PagodaFest events, tech sessions, and meals. Each ticket is subject to the following terms, any specific terms and conditions of the Service, and any terms and conditions of the venue sites at which PagodaFest activities take place.
PagodaFest uses this Service and PayPal to securely process any transaction made on this website that requires use of a payment card. PayPal is the data controller of your payment card data including card number, expiry date and security code in relation to the processing required for compliance with certain financial regulations including anti-fraud measures, anti-money laundering checks and any necessary encryption activities. PayPal stores and processes your payments in accordance with Payment Card Industry Data Security Standards.
All ticket prices for the Event are stated in U.S. Dollars. This Service requires payment through PayPal. You agree to pay all charges incurred by you or any users of your account and credit card at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes and transaction fees relating to your purchases. Ticket purchases must be paid in full at the time of purchase, unless otherwise provided. No ticket order will be processed until full payment has been received.
You must supply the required payment and/or other personal information in order to complete your purchase. Purchaser bears all risks of inclement weather or Force Majeure events including without limitation, fire, accident, acts of God, power outages, telecommunication interruption, strikes or labor disputes, war or other violence, or any law, order, proclamation, regulation, ordinance, demand or requirement of any governmental agency).
In reviewing and/or purchasing tickets, you may be linked to a third-party site, which is not affiliated with PagodaFest, PayPal or this Service. PAGODAFEST IS NOT RESPONSIBLE FOR ANY ASPECT OF THIRD-PARTY WEB SITES, INCLUDING PURCHASES MADE ON THOSE SITES. Please review the terms and conditions on these third party sites.
If you decide to purchase Right(s), you agree to pay, in addition to the price for the Right(s) or other items, other fees and charges such as convenience fees, processing fees, shipping and handling fees and other transaction fees including applicable taxes.
PagodaPASS tickets purchased on the Service are subject to a per order processing and/or delivery fee. Depending on your delivery choice, additional delivery charges may also apply.
Fees and charges including, but not limited to, charges for issuance, convenience, handling, processing, shipping, delivery (including, but not limited to, charges for courier delivery) and any other miscellaneous charges assessed by us represent, among other things, the costs we incur in providing this Service to you. The fees and charges we assess may be greater than our actual cost of providing those services, and we may retain a portion of all such fees and charges as profit to fund future PagodaFest events.
All scheduled actions including, but not limited to, ticket availability will be processed approximately at the date and time indicated by the Service’s system clock. You acknowledge and agree that actual processing time may vary by seconds or in unusual cases, by minutes, from the exact time specified.
Our system will automatically complete a sale if it receives a valid offer for any tickets that remain available. Tickets will be deemed to be available from the time our system begins processing the ticket transaction until the earlier of (i) the time our system completes the ticket purchase transaction or (ii) the time that the Service system times out. The Service nominally provides twenty (20) minutes in which to purchase tickets before timing out. Tickets are not considered purchased until processed by the Service, payment has been received, and a system confirmation has been issued.
We have the right to cancel a transaction in certain circumstances, including but not limited to:
If buyer’s credit card company does not remit payment (failure to pay, invalid credit card, stolen credit card);
If a buyer, seller or transferee breaches the terms of this Agreement;
If we deem, in our sole discretion, that a listing and/or transaction violates the law, this Agreement, or the terms and conditions or other rules of the subject venue;
If there is an error in the pricing of a Right offered for sale through this Service.
Charges to your Credit Card
If you feel that a charge has been made to your credit card in error, call our helpline or email us at email@example.com.
Our helpline number is 1-262-724-6321 (1-262-PAGODA1). Please leave a detailed message including your best contacts and someone will respond within 1-2 business day.
In the unlikely circumstance that PagodaFest is postponed or cancelled, you will be advised about postponed dates of the event and/or whether there is an applicable refund.
Pricing and Other Errors
If the amount that you pay for a Right or ticket is obviously incorrect, regardless of whether it is an error in a price posted on this website or otherwise communicated to you, then we reserve the right, at our sole discretion, to cancel your order and refund to you the amount that you paid. This policy will apply regardless of how the error occurred.
Venue/Event Specific Terms and Conditions
By purchasing or accepting tickets or Right(s) to PagodaFest, you agree to be bound by the terms and conditions and other rules of the specific venues where PagodaFest activities are held. Links to venue terms and conditions that are specific to such venues may be found within the description of each venue’s publicly available website. We recommend that you review the official terms and conditions and other rules of each venue to which you hold Right(s) or tickets, as may be available directly from the venue.
When you purchase and/or bid for Right(s), tickets or merchandise from PagodaFest through this website and/or the Service, you are communicating with us electronically and by doing so, you consent to receive electronic communications from us regarding a purchase you are making or an event to which you have agreed to purchase tickets. Additionally, by accepting electronic communications from us, you also agree that all agreements, disclosures and notices, including any updates to this Agreement, may be provided to you electronically and that an electronic communication from us satisfies any legal requirement that a communication be in writing.
Delivery of Tickets
Your tickets will be emailed to the email address you indicated at the time of purchase. PagodaFest and the Service are not responsible for failure of delivery or any losses incurred as a result of a purchaser's failure to provide an accurate email address.
Information You Provide
By purchasing a ticket, you agree to Wix.com’s privacy terms and conditions (Wix Privacy T&Cs). All information that you provide in connection with your purchase from the Service (including your name, address, credit card number, and other identifying information) must be accurate, current and complete. You understand that you must comply with all applicable laws associated with the sale or purchase of tickets to entertainment events (including resale restrictions), which may be subject to state, county or city laws, regulations or ordinances.
You acknowledge that complying with laws is your responsibility. YOU AGREE NOT TO HOLD PAGODA SL GROUP, INC. LIABLE FOR YOUR FAILURE TO COMPLY WITH ANY LAW OR OUR FAILURE TO NOTIFY YOU OF, OR PROPERLY APPLY, ANY LAW. WE WILL COMPLY WITH LAW ENFORCEMENT AND MAY PROVIDE THEM WITH ALL INFORMATION YOU SUBMIT TO US TO ASSIST IN ANY INVESTIGATION OR PROSECUTION THEY MAY CONDUCT.
You understand and agree that we shall have the right to provide any information you submit on or through the Service to third parties for purposes of facilitating the completion of any purchase made by you. Verification of information may be required prior to the acknowledgment or completion of any purchase.
Information/Services We Provide to You
Descriptions or images of, or references to, products or services on the Service do not necessarily imply our endorsement of such products or services. We reserve the right to change such descriptions or references, and to terminate, suspend any or limit any user’s ability to make purchases through the Service. Price and availability of any ticket or product on the Service are subject to change without notice.
Tickets for PagodaFest are only sold through this Service. There are limited tickets available for this Event and tickets may sell out quickly. On occasion additional tickets may be put on sale and there may be persons on our waitlist wishing to purchase tickets. In addition, PagodaFest reserves the right to refuse to complete a transaction, refuse service, and/or cancel an order for reasons such as suspected credit card fraud, violation of terms, ticket limits, or any other reason.
PagodaFest will send a summary of your purchase to the email address provided during purchase. You should receive a confirmation after concluding your purchase. If you do not receive a confirmation from us, if you receive an error message, or if you discover an error in the information provided, call or email PagodaFest immediately at the email address or phone number below to ensure your transaction was completed and that your information is correct. The Service cannot be responsible for transactions that were not completed or for assuming that a transaction was completed even though you did not receive a confirmation.
Please note that orders are processed only after your billing address and/or other billing information have been verified. Incorrect billing or account information for a ticket order will delay processing and delivery. In these cases, we will attempt to contact you using the information you provided at the time of purchase. If we are unable to reach you after a reasonable number of attempts, the Service may cancel your order and release your tickets without further notice or attempted notice to you. Information sent to the email address you provide is deemed to be delivered to you, regardless whether you check your email, provide an incorrect address, or if the message is marked as “spam” or “junk”.
If you cannot use or must cancel your tickets you must contact PagodaFest and request a refund. Refunds will be made through PayPal and credited back to the source of the funds. After all PagodaPASSes have been sold, PagodaFest will maintain a waitlist of persons wishing to purchase PagodaPASSes as provided below.
PAGODAPASS TICKETS ARE 100% REFUNDABLE IF REQUESTED BEFORE JULY 1, 2019, AND 50% REFUNDABLE IF REQUESTED BEFORE AUGUST 1, 2019. TICKETS ARE NOT REFUNDABLE IF REQUESTED ON OR AFTER AUGUST 1, 2019. TICKETS PURCHASED ON OR AFTER AUGUST 1, 2019, ARE FINAL AND NON-REFUNDABLE AND CANNOT BE CANCELLED.
After all PagodaPASSes have been sold, PagodaFest will maintain a waitlist of persons wishing to purchase PagodaPASSes. PagodaPASS tickets that are canceled or refunded will be then offered for purchase to the next in line person on the waitlist. Full members of Pagoda SL Group, Inc. wishing to be added will be given “top of the list” privileges by being added to the top of the waitlist, subject to other full members already on the waitlist.
THE PURCHASE AND USE OF ALL PAGODAPASS TICKETS ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS
Limitation of Liability
There are certain risks inherent in attending any public outdoor event, particularly sporting events or driving events. You voluntarily assume all risks and danger incidental to PagodaFest for which the ticket is issued, whether occurring before, during or after the event, and you waive any claims for personal injury or death against PagodaFest, Pagoda SL Group, Inc., the Service, management, venue, participants, and all of their respective parents, affiliated entities, agents, officers, directors, owners and employees on behalf of yourself and any accompanying minor. Some of these risks include collisions that inadvertently occur on public and private roads and highways between vehicles, motorcycles, bicycles, and pedestrians, as well as foreign objects entering an open top vehicle. Attendees must also be aware of the people around them. In the event you are hurt or believe there is a security issue, please contact an event organizer or security personnel.
Waiver of General Liability: You voluntarily agree by attending the Event that PagodaFest, Pagoda SL Group, Inc., each venue facility and its respective management, and each of their respective parents, affiliates, subsidiaries, agents, officers, directors, owners and employees (collectively, the “Released Parties”) are expressly released by you from any claims arising from such causes, other than liability for death or personal injury caused by the Released Parties’ negligence. The Released Parties will not be responsible for any loss, theft or damage of your personal belongings, unless it is caused as a result of the Released Parties’ gross negligence or breach of statutory duty.
Waiver of Pagoda Run Liability: You understand and acknowledge that participation in the Pagoda Run is without obligation and entirely voluntary on your part and on the part of any passenger(s) in your vehicle. By purchasing your PagodaPASS(es), you agree that you will sign the Pagoda Run liability waiver form when checking in at the Pagoda Run registration table, You warrant and represent that your vehicle is in good, safe operating condition and complies with all applicable laws including mandatory minimum financial responsibility limits (public liability insurance). You voluntarily agree by participating in the Pagoda Run that PagodaFest, Pagoda SL Group, Inc., the PagodaRun planners and facilitators, and each Poker Run stop venue and its respective management, and any parents, affiliates, subsidiaries, agents, officers, directors, owners and employees (collectively, the “Released Parties”) are expressly released by you from any claims arising from any adverse event experienced by you and/or your passengers before during and after the Pagoda Run, other than liability for death or personal injury caused by the Released Parties’ negligence. The Released Parties will not be responsible for any loss, theft or damage to your vehicle or your personal belongings, unless it is caused as a result of the Released Parties’ gross negligence or breach of statutory duty.
Proper Conduct: All attendees agree to conduct themselves properly at the Event. The venue operator and/or the Event organizers shall have the right, without refund of any amount paid, to refuse admission to, or eject, any person whose conduct management reasonably deems disorderly or improper. By way of example, the venue and/or the Event organizers may remove a ticket holder who: (i) has behaved in the venue in a manner which, in the reasonable opinion of the venue or Event organizers has, or is likely to disrupt the enjoyment of other attendees; or (ii) uses threatening, abusive or insulting words or behavior or in provokes or behaves in a manner which may provoke a breach of the peace; or (iii) in the reasonable opinion of the venue or Event organizers is acting under the influence of alcohol or drugs; or (iv) fails, when required, to produce proof of identity or age. You must comply with instructions and directions given by venue staff and stewards.
Recording/Photography Right of Publicity: You grant permission to PagodaFest, Pagoda SL Group, Inc., and the venue owner and/or operator to use your name, image, likeness, sounds in any audio, video, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the event (regardless of whether before, during or after play or performance) for any purpose, in any manner, in any medium now known or hereafter developed, without further authorization from, or compensation to, you or anyone acting on your behalf.
If you have any questions regarding these Terms and Conditions of Sale, please contact us at firstname.lastname@example.org or by calling 1-272-PAGODA1.
©2018 Pagoda SL Group, Inc.