Resale General Standard Terms

RESALE GENERAL STANDARD TERMS

1.     POLICY STATEMENT: This Resale General Standard Terms (the RGST) is an effort by P L P Events, LLC(the Company), the owner of platinumlist.net, to continuously provide the signature, quality customer service that its patron has loved them for. This Policy will provide the Company's employees, staff, visitors, guests, customers, and patrons with the procedure, guidelines, limitations, and legal considerations about the resale services that the Company is providing.

Subject to the terms and conditions herein set forth, the Company offers a resale for all tickets purchased exclusively via PlatinumList web site or PlatinumList mobile application. Tickets can be resold only via PlatinumList mobile application. Resale cannot be done if the Ticket is purchased on websites/applications of any others authorized retail outlets, or third parties.

2.     DEFINITION OF TERMS:

• "Account" shall refer to the Account created by the Customer for the purpose of buying a Ticket from the website.

• "Company" shall refer to P L P Events LLC or its subsidiaries, whose registered office is at The Onyx Tower 2 (Office 801) - The Greens, Dubai, UAE.

• "Customer" shall refer to any individual that uses the Web site or the Mobile Application to purchase or attempt to purchase any goods or services, including but not limited to tickets, delegate passes, vouchers, or any similar products or services using the Mobile Application and subsequent resell the same through the Mobile Application.

• "Event" shall refer to any event of any nature, including but not limited to entertainment, education, business, sports, family, religious, or other types of events where the Promoter wishes to promote, advertise, and sell tickets, passes, vouchers or any similar service to Customers using the website or Mobile Application as a facilitating service for the promotion of the Event.

• "Force Majeure Event" shall to unexpected circumstances which make it impossible to perform the Event and beyond the control of the Company and/ or Promoter, including without limitations: wars, civil commotion, terrorist acts, strikes, lockouts, pandemics or epidemics duly declared by the competent authority, natural disaster, pandemic or epidemic, government restriction, change in law, acts of the government and others.

• "Mobile Application" shall refer to the Company's mobile application downloaded and/ or installed by the Customer to purchase and resell Tickets.

• "Promoter" shall refer to any individual, partnership, or organization, whether privately or publicly owned, that is responsible for the organization, promotion, and delivery of any event, service, or offering of any kind offered for sale or free of charge to the Customer via the website, or Mobile Application.

• "Resale"shall refer to the reselling of purchased Tickets via the Company's Mobile Application only.

• "Services" shall refer to the services provided by the Company to the Customer for the reselling of Tickets through its Mobile Application.

• "Ticket" shall refer to any form of paid or complimentary entrance voucher or method of measuring and controlling entrance, whether a physical printed ticket, voucher, pass, wristband, or similar, or an electronic form of Ticket such as a unique bar code, QR code, reference number which identifies the holder as having purchased or been given permission to access a specific Event, and purchased through the mobile application or the web site .

3.     RESELLING OF TICKET: This section explains the procedure and prohibition of reselling Tickets. The Customer shall strictly comply with the terms and conditions herein set forth; otherwise, WITHOUT INCURRING ANY LIABILITY, THE COMPANY HAS THE EXCLUSIVE AND UTMOST DISCRETION TO REJECT, NOT PROCEED WITH THE RESALE, AND/ OR HOLD ANY PAYMENT REGARDING THE RESOLD AMOUNT TO THE CUSTOMER.

• The Tickets purchased on the web site or on the mobile application may be resold, subject to the terms and conditions herein set forth and at the Company's sole discretion and/ or approval. For the avoidance of doubt, reselling of the Ticket shall only be made once the Company is satisfied with and approves the application, along with all supporting documents, submitted by the Customer.

• The Ticket shall only be eligible for reselling if the Customer completes the application form, submits all the necessary documents (including KYC), provide the correct IBAN, and other requirements. Any missing, inaccurate, or fraudulent information given by the Customer, the Company has the right to reject the application, cancel the reselling, and/ or hold any payment entitlement without prejudice to the right of the Company to seek judicial or quasi-judicial relief as mandated under the law. Under any circumstances, the Customer shall not be entitled to any refund.

• Any Tickets purchased from any third party's sale platform are not eligible to be resold. In such case, the Company shall automatically reject or deny any application for reselling of Ticket without incurring any damages or liabilities.

• All Tickets enrolled in the reselling shall not be entitled or disqualified for any refund, except as may be determined by the Company at its discretion. Furthermore, all Tickets resold shall not be allowed to be sold multiple times through the Mobile Application. For the avoidance of doubt, all Tickets enrolled in the reselling shall be sold only once by the Customer.

• All Tickets may be resold only up to the time the event Sales ends . Once the event Sales ends, Ticket reselling will automatically end, or the system will not accept any reselling. ANY UNSOLD TICKETS SHALL BE CONSIDERED AS SOLD, AND THE CUSTOMER SHALL NOT BE ENTITLED TO ANY REFUND.

• The Customer has the right to set the price for the Ticket for reselling (either the net price or a higher price) before submitting the same for resale, subject to certain limitations herein mentioned in clause 3 (g). The Customer shall be informed about the deal calculation per request, which includes but is not limited to the value of the offer for resale, estimated net amount to be received by the Customer, VAT (both for the service charge and ticket sale), administration fee, and other information necessary for the resale.

• The number of Tickets eligible to be resold shall be ten (10) (by system default) per Event. On the other hand, Ticket price markup shall be allowed up to 50% of the Ticket value, and the same may vary depending on the Event. In case the Customer increases the limitation herein mentioned, the latter shall seek prior and special approval from the Company, and the approval shall be at its discretion.

• The Tickets resold shall have an administration fee ranging from 1% up to 30% of the resale price. This administration fee shall be at the sole discretion of the Company.

• Once the Ticket is eligible for resale, the system will provide the status of the Ticket, which the Customer may monitor.

STATUS

MEANING OF THE STATUS

Sold

The offer has been successfully sold.

Unsold

The offer has not been sold.

On Sale

The offer is currently listed for sale.

Cancelled

The offer is cancelled from resale due event cancelation.

The Customer can see all statuses in real time in the mobile application. A notification will be sent regarding withdrawal rediness to the Customer's registered mobile number.

• Once the Ticket is sold, it will appear in the Mobile Application that the Ticket is sold. The Customer may only withdraw the net sale proceed 30 days after the Even, and the amount shall be transferred to the shared IBAN by the Customer. For any incorrect, false, or fraudulent IBAN, the Company has the right to hold in abeyance any transfer until such time the latter is satisfied from the pieces of evidence or supporting documents submitted by the Customer to attest the veracity, authenticity, or legality of the same supporting the IBAN. For any issue arising thereof, the Company shall not be liable to the Customer for any damages, interest, fines, fees, or other damages by law or equity.

Generally, all withdrawals shall be refunded in the currency of the Event location, regardless of the currency used in the purchase. The Customer shall bear any discrepancies or charges to the currency conversion, and the same shall be deducted accordingly from the net sale proceeds or amount.

On the other hand, if no issues arise, the payment shall be made accordingly, less all deductions and fees. The system will indicate the status of the transfer, which the Customer may monitor.

STATUS

MEANING OF THE STATUS

On sale

The offers are currently listed for sale and waiting to be sold.

Ready to withdraw

This status indicates that the event has ended, and users are prepared to initiate and send the withdrawal request.

Under review (green)

This status indicates that withdrawal request has been received and is currently pending.

Under review (orange)

The user did not meet the money transfer requirements necessitating further clarification from the operations team.

Funds sent

The money has been successfully transferred.

• The Customer shall be accountable for all information needed for the resale of the Ticket, particularly the name, mobile number, IBAN, or email address. Any concealment, misrepresentation, incorrect, or even inadvertent mistake shall not hold the Company liable thereof, and the latter has the right to reject or cancel the resale of the Ticket without notice.

• The Customer shall be at the age of majority during the time of purchase. In case of any minor, the Company has the right to reject or cancel any purchase or attempt to purchase or resale a Ticket.

• The Customer shall either be paid in credit or with a debit card, bank transfer, or any mode of transfer payment. In case of any fraudulent or unlawful payment made by the Customer, the Company has the right to reject or cancel the Ticket, and the same shall be immediately reported to the competent authority for appropriate legal actions. The payment received by the Company using the fraudulent mechanism shall not be refunded to the perpetrator; the same shall be refunded only to the lawful owner, subject to the lawful order from the competent authority—the Company shall hold the money in trust only.

• All Tickets sold under these terms and conditions shall be subject to the appropriate VAT regulations as may be imposed by the competent authority. Such Tax shall be paid by the Customer and/ or purchaser accordingly. In the event that the Customer cannot remit the appropriate return to the competent tax authority, the Customer hereby authorizes the Company to withhold taxes on their behalf and remit the same to the competent authority. All issues arising from the tax liability and responsibility of the Customer shall not hold the Company liable and/ or responsible. Furthermore, the Customer shall hold the Company harmless and indemnify the latter from any liability or responsibility arising from the Customer's tax liability or responsibility.

4.     WITHDRAWAL OR CANCELLATION OF SALE

• The Customer may withdraw or cancel the Ticket enrolment for reselling at any time prior to the Ticket being sold. If the Ticket is sold, the Customer cannot withdraw it.

• In case of any incorrect or inaccurate information made by the Customer, the latter cannot edit the same. However, the Customer may withdraw or cancel the Ticket and resubmit the application using the correct information or document. This will apply as well if the Customer wishes to change the Ticket price.

• In case the Customer withdraws to resell the Ticket, the latter shall not be entitled to refund the amount paid, except if the cause of refund is within the conditions mentioned in the terms and conditions.

5.     TICKET: All Tickets shall be issued electronically and purchased on Platinumlist platforms, including the website and app, if they have been delivered via the mobile app. No matter the type of QR code on your mobile ticket, whether it's static, dynamic, or delayed delivery, the resale process ensures security for both the original and new secondary buyers

6.     CONFIDENTIALITY:

The Parties undertake to each Party and for the benefit of each of its Affiliates (who shall be entitled to enforce the terms of this clause) to treat all Confidential Information as confidential. Confidential Informationmeans all Information disclosed by whatever means, in any medium or format (whether marked "confidential" or not) which the receiving Party receives from the disclosing Party, either directly or from any other person, which concerns the business, operations, or customers of the disclosing Party, its Affiliates or subcontractors, including the provisions and subject matter of this agreement.

This clause shall not apply to any information which:

a.     at the time of its supply by (or on behalf of) Party is in, or subsequently comes into, the public domain, except through a breach of any of the undertakings set out in this agreement;

b.     is already in the lawful possession of the Party or an Authorised Recipient; or

c.      subsequently comes lawfully into the possession of the Party or an Authorised Recipient from a third party who does not owe the First Party an obligation of confidence in relation to it; or

d.     was previously known to the Recipient free of any obligation to keep it confidential.

Each authorized recipient may disclose Confidential Information that is required to be disclosed by law, regulation, or any governmental or competent regulatory authority (including any securities exchange), provided that, to the extent reasonably practicable, the Party required to make such disclosure shall consult in advance with (and take into Account the reasonable requests of) the other Party on the proposed form, timing, content, and purpose of the disclosure.

7.     INTELLECTUAL PROPERTY:

a.     The Customer acknowledges that while using the services herein mentioned, it may use products, materials, and methodologies proprietary to the Company or its affiliates and other Intellectual Property Rights vested in the Company or its affiliates. The Customer agrees that it shall not acquire any rights in those proprietary products, materials, and methodologies under this RGST or otherwise. Intellectual Property Rights shall remain vested in the Company or its affiliates.

b.     All Intellectual Property Rights, whether on the date of use of the service or anytime thereafter, shall belong exclusively to the Company (or such affiliate of the Company) and shall vest in the Company unconditionally and immediately on the Intellectual Property having been created, developed, written, or prepared.

c.      As between the Parties, any and all copyright, trademark, trade name, trade dress, patent, utility model, design patent, know-how, trade secret, proprietary information, hardware configuration, computer software program or application, circuit or logic design, other intellectual or industrial property rights, and applications and registrations therefor in any jurisdiction in the world (collectively, "IP Rights") in and to the products or services are owned exclusively by the Company or its affiliates and licensors, and the Customer agrees not to claim or assert title to or ownership of any such IP Rights. The Customer shall not do (or permit any third party to do) anything which would or might invalidate or be inconsistent with any IP Right of the Company or its affiliates and licensors and shall assist the Company in maintaining the validity and enforceability of such IP Rights. The Customer shall not remove or alter any trademark, copyright, or proprietary notice from any product, service, website, or others.

8.     LIMITATION OF LIABILITY:

a.     NOTWITHSTANDING ANYTHING ELSE IN THIS GST OR OTHERWISE, THE COMPANY SHALL NOT BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS GST OR THE PRODUCTS, SERVICE, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (I) ANY AMOUNTS IN EXCESS OF THE TICKET AMOUNT PAID TO THE COMPANY HEREUNDER, (II) INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES, OR LOSS OF REVENUE OR ANTICIPATED PROFITS, BUSINESS INTERRUPTION, LOSS OF USE OR OPPORTUNITY (INCLUDING SUCH DAMAGES INCURRED OR CLAIMED BY THIRD PARTIES); EVEN IF SUCH DAMAGES ARE FORESEEABLE OR THE COMPANY HAS BEEN ADVISED OR HAS CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES, (III) EXPENDITURES, INVESTMENTS OR COMMITMENTS MADE IN RELATION TO THE SERVICES OR THE ESTABLISHMENT, DEVELOPMENT OR MAINTENANCE OF THE BUSINESS OR GOODWILL OF THE CUSTOMER, OR COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS.

b.     ASSUMPTION OF RISK: THE CUSTOMER ACKNOWLEDGES AND REPRESENTS THAT THE COMPANY HAS MADE NO WRITTEN OR VERBAL REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE SUBJECT MATTER HEREOF AND THAT THE CUSTOMER IS RELYING SOLELY ON ITS JUDGMENT IN AGREEING TO PERFORM UNDER THIS GST. THE CUSTOMER SHALL ASSUME ALL THE RISKS INVOLVED.

c.      THE COMPANY DOES NOT GUARANTEE THAT TICKETS LISTED FOR RESALE WILL BE SOLD, AS THIS DEPENDS ON OTHER CUSTOMERS' DEMAND. FURTHERMORE, THE COMPANY IS NOT LIABLE FOR ANY TAX LIABILITIES OF CUSTOMERS ARISING BECAUSE OF A RESALE DEAL. THE COMPANY DOES NOT TAKE ANY LIABILITY IF INCORRECT INFORMATION WAS PROVIDED BY THE CUSTOMER (NAME, ID, IBAN NUMBER AND OTHER INFO). THE COMPANY DOES NOT TAKE ANY RESPONSIBILITY IF A THIRD PARTY REFUSES TO EXECUTE TRANSACTIONS OR OTHER ACTIONS FOR ANY REASON.

9.     INDEMNIFICATION:

a.     The Customer shall defend, hold harmless, and indemnify the Company and any of its affiliates against any and all losses, claims, costs, liabilities, damages (including any loss of, or damage to, any property of, or injury to or death of, any person) and expenses suffered or incurred by Company, affiliates, their respective directors, officers, employees, and agents (the Indemnified Persons) arising from or in connection with any acts or omissions by the Customer under this RGST, applicable Laws or arising directly or indirectly out of the performance or actions made by the Customer before, during, and after the Event.

d.     The Customer shall defend, hold harmless, and indemnify the Company and any of its affiliates from and against any levies, demands, or claims that the relevant authorities may make against the Indemnified Persons or any payments made by the Indemnified Persons in respect of tax demands (including in respect of Tax) or other charges or contributions relating to the provision of the services by the Company, which the Customer is liable to pay.

10.  BREACH COMMITTED BY THE CUSTOMER:

Any breach committed by the Customer under the terms and conditions herein set forth, the Company has the right to terminate, cancel, or suspend the Ticket resale, reject any refund or resale request, and reserve the right to seek judicial or quasi-judicial relief against the breach committed by the Customer.

Furthermore, aside from the relief mentioned above, the Company has the right to seek damages and apply for any special civil actions, such as but not limited to temporary or permanent restraining orders, injunctions, attachments, and other reliefs as provided under the law.

Any costs associated with the enforcement of the reliefs incurred by the Company, the Customer shall reimburse the same.

11.  TERMINATION AND SUSPENSION OF ACCOUNT:

The Company has the right to terminate or suspend the relationship with the Customer or Account at any time without incurring any liability by providing notice to the Customer. 

12.  NOTICES:

All notices shall be either sent through the Customer's email address or SMS. As to the Company, the same shall be sent to the latter customer service email address mentioned herein.

13.  SPECIAL REPRESENTATIONS:

The Customer represents that the latter fully understands and agrees with the terms and conditions herein set forth, and the same shall not constitute an adhesion contract. The Customer makes no further reservations about the contents of this RGST.

14.  GOVERNING LAW AND JURISDICTIONS:

The Parties agree that all relationships of the Parties shall govern the terms and conditions and the legislation of the event location. In case of any dispute arising hereof, either Party has the right to bring this matter to the exclusive jurisdiction of the Dubai International Arbitration Center (DIAC) under its rules on arbitration. The arbitrator shall be one (1), and the same shall be exclusively appointed by the Company. The language of the arbitration shall be English, and the seat shall be in Dubai. The decision of the tribunal shall be final and executory.

15.  GENERAL PROVISIONS:

a.     Nothing in this RGST shall be deemed to constitute a partnership between the Parties, nor constitute either Party constituting or becoming the agent or the employee of the other Party for any purpose.

b.     The rights of each Party under this RGST:

(a)           may be exercised as often as necessary;

(b)           are cumulative and not exclusive of rights or remedies provided by law and

(c)            may be waived only in writing and specifically.

Delays in exercising or non-exercising any such right are not waivers of that right.

c.      Amendments

Any amendment of this RGST shall be exclusively by the Company, and the same shall be binding on the Parties.

d.     If any term of this RGST is or becomes illegal, invalid, or unenforceable in any jurisdiction, that shall not affect:

                    i.     the legality, validity, or enforceability in that jurisdiction of any other term of this RGST; or

                   ii.     the legality, validity, or enforceability in other jurisdictions of that or any other provision of this RGST.

e.     The language of this RGST is English.

f.      Any Affiliate of the Company may enforce any of the terms of this RGST against the Customer.

g.     This RGST, the documents referred to in it, and any agreements relating to this RGST entered into o between the Parties contain the whole agreement between the Parties relating to the transactions contemplated hereof and supersede all previous agreements between the Parties relating to those transactions.