Purchase Agreement

Thank you for using the Orchestre Métropolitain online ticketing service (the “Service”). Your purchase of Orchestre Métropolitain tickets through the Service is subject to the terms of the present Purchase Agreement for tickets (the “Agreement”), Terms of Use and the Privacy Policy.

When reference is made to the “Agreement” it shall also include the Terms of Use and the Privacy Policy, which are incorporated by reference herein as if recited at length. If there should be inconsistencies between the present Purchase Agreement and the Terms of Use or Privacy Policy, the Purchase Agreement shall prevail.

By purchasing tickets through the Service you agree to be bound by the Agreement. If you have any questions about this Agreement, please contact us. This preamble shall form an integral part of the Agreement.

 

PARTIES

The parties to the Agreement (the “Parties”) are:

 

Orchestre Métropolitain

486 Sainte-Catherine Street West, Suite 401

Montréal, QC H3B 1A6

 

(hereinafter referred to as “ORCHESTRE MÉTROPOLITAIN”)

 

– AND –

*You (also referred to as the “Customer”, and may be written as “You” or “you”)

Purchased tickets

You hereby agree to purchase and the ORCHESTRE MÉTROPOLITAIN grees to sell the ticket(s) (the “Ticket(s)”) detailed in your Order Confirmation (as defined below). The purchase of the Ticket(s) grant the bearer the revocable license to attend the event described on the Ticket(s). No other relationship between the Parties, either expressed or implied, is created by your purchase of the Ticket(s).

 

Refunds and exchanges

You must review your Ticket selection before you submit and confirm your order. Subject to the provisions below for cancelled and/or postponed events, there are no exchanges or refunds once the Ticket(s) have been purchased.

 

Cancelled and/or postponed events

When an event is cancelled or postponed, the ORCHESTRE MÉTROPOLITAIN may, at its sole and exclusive discretion, either offer you an exchange or a refund.  You have the sole responsibility of verifying if an event for which you have purchased tickets through this website is cancelled or postponed. If an event is cancelled or postponed, the ORCHESTRE MÉTROPOLITAIN will inform you through this website about procedures for making an exchange or obtaining a refund.

If an event is cancelled, as a general rule the credit card with which you purchased the Ticket(s) will be refunded. However, the ORCHESTRE MÉTROPOLITAIN reserves the right to decide on an alternative refund or exchange method for a particular event.

The ORCHESTRE MÉTROPOLITAIN may change its refund and/or exchange policies at any time, at its sole and exclusive discretion. Any change to the policy may be found at the present URL.

 

No resale

Any unlawful resale of Ticket(s) is strictly prohibited. The ORCHESTRE MÉTROPOLITAIN reserves the right to cancel the license granted under the Ticket(s) and in connection with any fraudulent sale of such Ticket(s), without refund or other compensation.

 

Use of personal information

In addition to and without limiting the generality of the provisions set out in our Privacy Policy, by purchasing Ticket(s) through this website, you expressly agree that the personal information you provide us may be used by the ORCHESTRE MÉTROPOLITAIN or its affiliates and other persons acting on behalf of the ORCHESTRE MÉTROPOLITAIN, in order to deliver the Ticket(s) to you and add you to our distribution list to propose you offers and other promotional or marketing activities and to provide you with the latest information about the ORCHESTRE MÉTROPOLITAIN. We remind you that if you wish that we discontinue use of your personal information, please Contact Us.

 

Indemnification

You hereby agree to indemnify and hold harmless the ORCHESTRE MÉTROPOLITAIN, its affiliates and other related entities, their directors, officers, administrators, managers, employees, representatives and all other persons acting on behalf of the ORCHESTRE MÉTROPOLITAIN from and against any and all claims, actions, damages or other demands, including, but not limited to, reasonable costs and expenses of litigation such as counsel fees, arising from or relating to your purchase of Ticket(s).

 

Ticket conditions

The following paragraph appears on all printed Tickets and forms an integral part of the Agreement:

IMPORTANT: Please check your tickets upon reception. No exchanges or refunds. In case of an event cancellation without an expected replacement date, a refund of the ticket will be possible on terms outlined by the ORCHESTRE MÉTROPOLITAIN.

The ticket holder assumes all responsibility of the risks and dangers that may arise from this event and waives all claims for loss or damage resulting from any cause whatsoever, undergoes before, during or after the event. Use of this ticket is subject to applicable regulations or posted on the event site.

Management reserves the right to refuse access to the event or expel anyone with a deemed inappropriate behavior, with or without refund of the ticket price. The ticket holder can be searched at the entrance of some events. It is strictly forbidden to enter with alcoholic beverages.

This ticket or any rights related to or arising can’t be an assignment, sale or transfer, whether in a commercial or a promotional campaign, with or without return, without the prior written consent of the sender and the organization.

 

Applicable laws and exclusive jurisdiction

The parties hereby agree that this Agreement shall be governed by and interpreted according to the laws applicable within the Province of Quebec in force at the time, without regard to conflict of law provisions.  Furthermore, the parties hereby elect to submit to the exclusive jurisdiction of the Courts of the Province of Quebec, in the Judicial District of Montreal, in respect of any action or proceeding arising out of or related to the Agreement. However, the foregoing clause is in force without prejudice to the rights of the ORCHESTRE MÉTROPOLITAIN to obtain any protective proceeding such as an injunction from any competent court having jurisdiction.

Order confirmation

Once your order is confirmed and your payment completed, you will receive a confirmation page and/or email indicating a confirmation number (the “Order Confirmation”). You must keep your confirmation number.

If, for any reason whatsoever, you do not receive a confirmation number or if you receive an error message or encounter a service interruption, it is your entire responsibility to contact our Customer Service Department to confirm whether your order has been properly processed. You are solely responsible for any problem that may occur during the purchase of Ticket(s). In such case, the ORCHESTRE MÉTROPOLITAIN shall not be responsible for any loss (monetary or otherwise) that may result from any problem occurring during the purchase of Ticket(s) through this website, including, without limitation, the failure of a transaction to be completed or confirmed, whether through the actions of the ORCHESTRE MÉTROPOLITAIN and /or its related entities, or a third party.

Orders will be processed only after a billing address and other billing information have been verified. Occasionally, we receive incorrect billing or credit card account information for a ticket order. This can delay the processing of the order and the delivery of the Ticket(s). In such case, the ORCHESTRE MÉTROPOLITAIN Customer Service Department may attempt to contact you, using the information provided at the time of purchase. If the ORCHESTRE MÉTROPOLITAIN is unable to reach you after an initial attempt, it shall reserve the right to cancel your order and sell your Ticket(s) to another customer.

 

Obligation to pay

By accepting the terms of this Agreement, you agree to pay the full price of the Ticket(s) ordered, including any applicable taxes and delivery, convenience and other fees, as described on the Order Confirmation page or e-mail. Ticket(s) prices for events that occur in Canada are stated in Canadian Dollars.

 

Delivery

The Ticket(s) can either be delivered at the e-mail address you indicate.

 

Right to cancel tickets

The ORCHESTRE MÉTROPOLITAIN reserves the right to cancel any Ticket(s) or order of Ticket(s) through this website and to institute legal proceedings against you if you breach any provision of the Agreement or this website.

The Ticket(s) purchased on this website are revocable licenses and admission to a Ticket holder may be refused for any reason (or no reason) at the sole discretion of the ORCHESTRE MÉTROPOLITAIN, its employees, agents, officers or representatives, upon refunding the Ticket’s face value.  Ticket(s) shall not be redeemable for cash.

 

No promotion without permission

The Ticket(s) and may not be used for any advertising and/or promotional purposes (including contests and sweepstakes) or resold for the purposes of same without the prior written authorization of the ORCHESTRE MÉTROPOLITAIN.

 

Limitation of liability

Notwithstanding all security measures in place on the site, injury may occur during an event. By accepting the terms of the Agreement, you assume all risk, liability and responsibility for any and all damages of any nature suffered by you, including, without limitation, bodily harm and loss of property incurred during or in connection with the event. Furthermore, you hereby waive any and all rights to claim damages, monetary or otherwise, or to institute civil, criminal, administrative or legal proceedings against the ORCHESTRE MÉTROPOLITAIN, its affiliates and other related entities or their directors, officers, administrators, employees, representatives and all other persons acting on behalf of the ORCHESTRE MÉTROPOLITAIN, resulting from any cause whatsoever arising either before, during or after the event.

In certain cases, applicable laws may not allow the limitation of liability set forth above, so this limitation of liability may not apply in such particular cases.  If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the ORCHESTRE MÉTROPOLITAIN’ aggregate liability (and that of its affiliates and other related entities or their directors, officers, administrators, employees, representatives and all other persons acting on behalf of the ORCHESTRE MÉTROPOLITAIN) under such circumstances for liabilities that otherwise would have been limited shall not exceed one hundred Canadian dollars (CAN$100).

 

General

Where a Court of Competent Jurisdiction declares a portion of the Agreement invalid or unenforceable, the remainder of the Agreement shall remain in force. The headings in the Agreement are provided for clarity only and do not form an integral part of the Agreement.

Where you have read the Agreement in English, the Parties agree that the Agreement shall be drawn up in the English language. You can also read the Agreement in French. If you have the English version, the French version of this document constitutes the original version and will be used for any interpretation in the event of disagreement.