PURCHASE AGREEMENT – NORTH AMERICA
Last updated September 6th, 2023
Please read this Agreement carefully, because it is a contract that affects your legal rights. Any ticket issued via the Service is a revocable license. By using a ticket to enter the event listed on the ticket the holder of the ticket agrees to the terms stated in this Agreement on behalf of themselves and any accompanying minor (collectively “Holder”). The ticket is valid only for the event, date, time, and seat location issued. Holder must possess a ticket to enter the property or venue listed on the ticket.
Please note that separate ticket terms and conditions of the MLS team also apply to tickets to MLS games and events. By purchasing tickets, you are agreeing to such terms and conditions of the MLS home team.
You understand that the event for which you purchase a ticket shall be presented in accordance with applicable venue policies, public health, safety and security policies, including local public health and safety policies and CDC guidelines, as of the date of such event and which may change at any time as determined by federal, state, or local government agencies or instrumentalities, the venue operator, artists and/or the promoter; such requirements may include, without limitation, changes to capacity, attendance procedures and entry requirements, and other protective measures. If Holder does not comply with any laws, mandates, health orders or directives, promoter or venue terms, conditions or rules, then the promoter or venue operator may refuse admission or require any Holder to leave the venue and you/Holder will not be entitled to a refund. Please visit the venue website for the most up-to-date policies, protocols and procedures that the venue may require compliance with or verification of, prior to or as a condition of admission to the venue.
Who you are Buying Tickets From
AXS acts as a sales agent of its Clients with respect to ticket sales, and therefore “AXS” will apply also to our Client with respect to that Client’s actions, rights, or obligations with respect to the purchase, sale or use of tickets or attendance at an event, and to the Client’s use of the Service to list, sell, issue and deliver tickets. When you buy a ticket listed on the Service as a “resale” ticket, you are buying directly from the seller of that ticket. For tickets to events located in the United States, the Service is operated by AXS Group LLC. For tickets to events located in Canada, the Service is provided by AXS Group Canada.
Tickets are a Revocable License
Please note that both original issuance tickets and tickets that have been previously issued and are later posted on the Service as a resale ticket may be available for sale on the Service, and different terms may apply to each as detailed below. Each ticket that you as Holder purchase, receive (for example, as a subsequent transferee of a prior purchaser) or use, that is issued by the Service, is a revocable license to enter and attend a particular event (whether live or online), or to park at a venue, or to exercise certain other rights associated with an entertainment event for which the Service issues tickets and each such ticket is a contract, subject to this Agreement, and subject to any additional specific terms and conditions imposed by our Client or their designee with respect to the particular ticketed event. Failure to comply with this Agreement or such terms and conditions, shall terminate Holder’s rights hereunder and authorize Client to withdraw the ticket, refuse admission, or eject the Holder, all without refund, and subject Holder to all available legal remedies.
All ticket prices for events that occur in the United States are stated in U.S. Dollars. All ticket prices for events that occur in Canada are stated in Canadian Dollars. The Service currently accepts various credit cards, debit cards, and digital methods of payment, such as PayPal (each, a “Payment Method”), and Payment Methods accepted on the Service may change over time and are subject to specific terms and conditions set by the Payment Method. You agree to pay all charges incurred by you or any users of your account and Payment Method at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. In some instances, the sale transaction for the Service may be processed by our Client directly using their own payment processor, and in these cases the charge listed on your statement may list our Client’s or the venue’s name. Ticket purchases must be paid in full at the time of purchase, unless a payment plan is offered and entered into at the time of purchase (for example, if a payment plan is offered for season tickets or in connection with any PayPal Pay Later offers). UNLESS OTHERWISE EXPRESSLY STATED HEREIN OR IN ACCORDANCE WITH ANY TERMS AND CONDITIONS ISSUED BY A CLIENT, ALL PURCHASES ARE NON-REFUNDABLE AND CANNOT BE CANCELED. See below for additional terms and conditions related to your purchase, including those in Event Cancellations/Postponements, below.
Resale of Tickets
Tickets may not be resold or offered for resale in violation of posted restrictions, or in violation of law or regulation. Violation thereof is grounds for revocation, seizure or cancellation without refund. Tickets obtained from unauthorized sources may be invalid, lost, stolen or counterfeit and if so, are void.
Except as otherwise prohibited above, tickets may be resold by Holder using the Service in accordance with our Client’s instructions. AXS is not the seller of Resale tickets and will be acting only on the seller’s behalf when offering Resale tickets on the Service. If you sell or transfer tickets, you are responsible for ensuring that your transactions do not violate any applicable law, or any rules or restrictions placed on the ticket and disclosed to you at the time of purchase. Additionally, you agree to comply with these conditions and all applicable laws, statutes, ordinances and regulations regarding the use of the Service, listing of tickets for sale, solicitation of offers for purchase and the resale of tickets. You also agree that you are responsible, as a seller of tickets, for paying all taxes, if any, associated with your sale of tickets through the Service, and any fees we may impose on sellers related to the sale. AXS complies with any obligation it may have to provide information to tax or other compliance authorities, including with respect to anti-fraud and/or anti-money laundering efforts.
Purchases – General
You must supply the required Payment Method and/or other personal information in order to complete your purchase.
Upon AXS’s receipt of your payment in full, you shall be entitled to the tickets you have purchased. Delivery of the tickets shall be made in accordance with the Delivery of Tickets Section below.
If you decide to purchase tickets, merchandise, parking or other items via the Service, you agree to pay, in addition to the price for the tickets or other items, other fees and charges that we impose or collect on behalf of our Clients, or that our Clients collect, such as service fees (also called convenience fees), handling fees, delivery fees and any other miscellaneous fees. You also agree to pay any applicable sales or other taxes, including, but not limited to, any applicable admissions tax.
You are urged to review all pages displayed during your completion of a purchase. All fees and charges relating to your transaction will be disclosed to you during the purchase process. If you do not agree to pay the fees or charges associated with your purchase, you must cancel your transaction prior to completing it. All completed transactions are final, so please be sure that you have selected the proper event, tickets, or other items prior to completing your purchase.
Purchases – Primary Tickets
Unless otherwise stated as part of the purchase, any “primary” tickets (i.e. tickets sold directly by the event organizer, promoter, sports team or venue that puts on the event) (each a “Primary Ticket” and collectively, the “Primary Tickets”) purchased on the Service are typically subject to a per-ticket service charge and a per-order handling or processing charge. A per-order delivery fee may also be assessed, depending on the delivery method. In most instances, tickets delivered via mobile delivery to your AXS account will not incur a delivery charge. These fees and charges represent, among other things, the costs we incur in providing our goods and services 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. In some cases, you may be able to avoid certain charges by purchasing tickets directly from the venue’s box office.
Purchases – Resale Tickets
If you are purchasing a “resale” ticket (i.e. a Primary Ticket that is then resold) (each a “Resale Ticket” and collectively, the “Resale Tickets”), there may be applicable buyer, and/or logistics fees and charges imposed. Such fees and charges may vary. All applicable fees and charges will be disclosed prior to completion of your purchase. We reserve the right to increase or decrease these fees at any time without advance notice for future transactions.
If you are purchasing a Resale Ticket, you will be entering into a contract with the seller of the Resale Ticket for the sale and transfer of the Resale Ticket to you.
We do not review, nor do we warrant or guarantee, the accuracy of any information provided by Resale Ticket. You should base your purchase decision solely on the information provided.
You are solely responsible for making a purchase based on the information provided on our Service. We do not have any legal authority to complete a purchase on your behalf, and do not act as your agent. By providing payment details and choosing to complete the checkout process on our Service, you are agreeing for us to debit or authorize payment for the transaction via the Payment Method provided.
Purchases – AXS Marketplace
AXS Marketplaces (“Marketplace”) lists inventory of third-party resellers of Resale Tickets. Marketplace is not the ticket seller, and the listed tickets are not listed by Marketplace on behalf of any venue, promoter, team, league or organizing group. Marketplace is merely acting as an intermediary between ticket buyers and ticket sellers. Please also note the following additional sales terms for Marketplace, which include but are not limited to the specific items below:
Marketplace utilizes a third-party service provider that performs various services related to your ticket purchase. For any support inquiries, including further details regarding purchases made on Marketplace, please visit https://www.axs.com/jp/marketplace.
Purchases - Fair AXS Program
For certain events (particularly when we anticipate that demand will significantly exceed supply), we may invite you to register to participate in the Fair AXS program during the specified time (the “Presale Signup Window”), in order to be eligible for an opportunity to purchase tickets. If tickets are available through the Fair AXS program, you will be required to pay a small deposit in order to verify your authenticity and your interest in purchasing tickets for the specific event. All ticket purchasers will be randomly selected from all individuals who have registered for the Fair AXS program for that specific event (e.g. the exact date and geographic location) during the Presale Signup Window. There generally is no limit to the number of individuals who may register for the opportunity to purchase tickets for an event through the Fair AXS program, and your chances of being selected will vary depending on the number of registered individuals. Once the Presale Signup Window closes and prior to the on-sale date for the event, you will be notified whether or not you have been randomly selected as an eligible purchaser of tickets for the event, and if you have been selected, you will receive an email with further instructions, including the date and time of the event presale. You are not under any obligation to purchase the tickets, and all customers, whether selected for the event presale or not and whether they purchase a ticket or not, will automatically receive a full refund of their deposit which will be refunded to the method by which it was paid. If you are selected as an eligible purchaser of tickets for the event and you purchase ticket(s) during the presale, you will be charged separately for your ticket purchase. Please refer to the specific Fair AXS program event for further details.
Sales – General
You are prohibited from selling or offering for sale your tickets where such prohibition was disclosed prior to completion of your purchase. Any sale or offer for sale of your tickets, whether using the Service or another publicly-available marketplace, when the applicable ticket(s) were sold with a resale restriction, may result in any or all of the following: (i) cancellation of the transfer or sale transaction conducted on our Service; (ii) a charge of our sales fee (described below), calculated with respect to the full sales price of such ticket(s) sold or transferred, assessed against the seller/transferor of such ticket(s) (such sales fee will be charged to the Payment Method on file for the seller/transferor, typically within twenty-four (24) hours after we provide notice of the assessment of such charge to such person via email); (iii) revocation of the seller/transferor’s rights to use the Service and any or all of our other services; and (iv) revocation of such sold or transferred ticket(s) by the Client.
Seller fees on the Service may vary. Please consult the seller fee information found within our Service. Our sales fee will be assessed against you as the seller of any ticket(s) that are sold or offered for sale, as well as any taxes that may apply, both of which will be deducted from the transaction amount due to you. At the time of the sale, you will receive an email confirmation showing your net proceeds from the sale, and information on how the proceeds due to you from any sale transaction will be made available to you.
We may also impose fees and charges payable by the buyer, which will be disclosed to the buyer during the purchase process. You, as seller, consent to AXS receiving and retaining payment in respect of such fees and charges from the buyer, and you acknowledge that you will not be entitled to such fees and charges.
Sales – Primary
We act on behalf of a seller (our Client) when selling Primary tickets. This means that our Clients have given us authority to conclude a sale of tickets to a buyer for the tickets that they have chosen to list for sale.
Sales – Resale
We act on your behalf, as seller, when listing or reselling tickets. This means that you agree that we will have authority to conclude a sale of your tickets to a buyer on your behalf once you have told us to list the corresponding tickets for resale. You will also be entering into a separate contract with the buyer, allowing us to transfer your tickets and the corresponding tickets to them.
The proceeds from Resale Ticket transactions may not be immediately available for disbursement and AXS may delay the disbursement until the associated event has occurred.
Finally, as a seller of tickets, you agree never to specify or include any of the following in connection with a listing on our Service:
Generally, tickets can be transferred via mobile delivery from your AXS account to another person, unless our Client has prohibited transfer or resale and disclosed such prohibition during the checkout process on our Service, prior to completion of purchase. If transfer of tickets is permitted, there is no associated fee unless disclosed on the Service at the time of transfer, in which case fees will be charged to the relevant Payment Method on file.
All scheduled actions including, but not limited to, purchases and listing expirations will be processed approximately at the date and time specified as indicated by the Service’s system clock. You acknowledge and accept that actual processing time may vary by seconds or in unusual cases, by minutes, from the exact time specified.
The Service will automatically complete a sale if it receives any valid offer to purchase for any listing that remains in effect and available for purchase. Listings will be deemed to be in effect from the time the Service processes the listing action until the earlier of (i) the time the Service processes the expiration or withdrawal of the listing or (ii) the time the System completes the processing of a retraction action for that listing. Listings are not considered retracted until they have been processed and a system confirmation has been issued.
Limitations on Transfer or Resale
Your ability and/or right to transfer or resell tickets may vary. Any restrictions on transfer or resale will be communicated to you (e.g. in the event description page, in pop-up boxes, or in an email).
Right to Cancel Transaction
In certain circumstances, we have the right to cancel a transaction without notice and return the tickets to our Client or to the person who held the tickets prior to the completion of the transaction. Such circumstances include, but are not limited to, the following:
In these instances, and as part of the cancellation of any transaction, AXS reserves the right to remove any relevant sales proceeds from the Resale Ticket seller’s AXS account, process a reversal of a prior funds transfer made to the seller or charge the Payment Method on file for such seller and/or cancel a pending transaction, whether for Resale Tickets or Primary Tickets.
Charges to your Payment Method
If you feel that a charge has been made to your Payment Method in error, call our helpline or email our customer service department at [email protected].
Our helpline number is 1-888-929-7849. Our helpline allows current and potential customers to manage/set-up their account information in any way that is permitted by the Service. To access our helpline services, current customers must provide specific personally identifiable information that matches the current information in the account.
Right to Act on Instructions by Others
We and designated personnel of the applicable Client are authorized to perform any action on your behalf that you could otherwise perform if instructed by someone in possession of your account authorization information. You agree that we may perform these actions, including, but not limited to, addition or correction of account profile information, addition of additional forms of electronic identification to your account, transferring tickets to others, listing tickets for sale, and/or purchasing tickets.
Refunds and Exchanges
Please review your tickets carefully, including date and location of the event and your seat selection, before completing your transaction. Unless otherwise stated in our terms, tickets cannot be exchanged or refunded even if lost, stolen, damaged or destroyed, and fees cannot be refunded.
Events may be postponed or canceled for a variety of reasons. If you hold tickets to an event that is postponed or canceled, we encourage you to check on the Service website for updated event information, or to directly contact the venue or event organizer to obtain information about postponed dates of the event and whether there is an applicable refund. Refund policies of our Clients may vary; by purchasing a ticket, you agree to the refund policy of the associated Client. Although our Clients decide the refund policies, and AXS will follow their instructions with regard to refunds, please note the following:
Limits on Tickets per Customer
In an effort to give all interested customers an opportunity to purchase tickets to an event or other items via the Service, our Clients often set limits on the number of seating and/or parking rights, or tickets one customer or household is allowed to purchase. You will be advised of any such limits during the purchase process, or by a system limitation on the number of tickets you may purchase during your online session. Tickets purchased for an event during multiple online sessions on the Service may be totaled to ensure that any limitations imposed by the Client is not exceeded. Exceeding these limits may result in cancellation of orders without notice.
Availability of Tickets
The availability of tickets is subject to change. We act as a sales agent for our Client. Tickets for events may be sold through distribution points other than the Service, such as the venue or event organizer itself, which may have access to different tickets than are available on the Service. We do not control the number of tickets and/or other items sold on the Service or the location of seats or parking spaces that are made available for purchase. Our Clients may potentially release additional tickets during presale, onsale, or any other time up to the day of the event. Tickets and/or parking rights are also "locked" (not available) for a short time while customers complete their purchase. If a customer does not complete their purchase, previously locked tickets and/or parking rights are released and made available for purchase. For these reasons and others, the tickets and/or parking rights available for a given event can and do change rapidly. If you are unable to find tickets or parking rights, please check back again. Once your purchase has been completed, we will not exchange or refund your order, even if additional tickets or parking rights become available at a later date.
Pricing and Other Errors
If the amount that you pay for a ticket is obviously incorrect, regardless of whether it is an error in a price posted on the Service or otherwise communicated to you, or if you are able to order tickets before their scheduled on-sale date, 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 to an event or other item on the Service, you agree to be bound by the terms and conditions and other rules of our specific Client and the venue where the specific event is being held. Links to event and venue terms and conditions that are specific to such events or at such venues may be included within your purchase confirmation, ticket delivery or event reminder emails, or made available on each event and venue’s branded area on our Service, or made available on the applicable Client’s website. We recommend that you review the official terms and conditions and other rules of each event and venue to which you hold tickets. Holder also understands that at an event, the Holder assumes and bears all risks of inclement weather or force majeure events (including injury or cancellation). During the event, strobe or theatrical lighting may be used. Event date, time, talent, participants and rosters are subject to change without notice. Occasionally, there may be changes made to the venue seating map that result in seat location changes or other seating changes made by the event promotor or venue (e.g. production, sight line or other venue issues) and refunds will not be permitted due to such seat changes after purchase, provided that the re-assigned seat is of equal (or greater) value to the face value of the original ticket. In the event that the re-assigned seat is of lesser value to the face value of the original ticket, only a partial refund may be offered for the difference in price. Full refunds will not be permitted.
Delivery of Tickets
Your tickets will be delivered to you as indicated at the time of purchase, most frequently via mobile delivery to your AXS account. Certain events may have restricted delivery options, as well as delayed delivery windows (for example, tickets for online events will typically be delivered to your AXS account immediately following purchase), and tickets for certain live events may not be delivered until a date closer to the event). AXS is not able to specify the exact date of delivery for each event, so please allow as much time as possible for your tickets to arrive. Shipping information, if any, is provided at checkout. If tickets are mailed, they will be sent to the address provided by the purchaser at the time of purchase. AXS is not responsible for failure of delivery or any losses incurred as a result of a purchaser’s failure to provide an accurate address. If you have not received your tickets five (5) days before the event for which you purchased, please contact us at [email protected] or 1-888-929-7849.
There may be circumstances in which we make your tickets available for your collection at the box
office of the venue at which the event will be held. We will notify you by email if this box office collection is required. In order to collect your tickets at the box office, you will be asked for order confirmation, proof of identity and the Payment Method used for the transaction. If you are unable to provide this information, the box office may refuse to provide your tickets to you, and we will not be responsible for your inability to enter the event.
Information You Provide to Us
Compliance with Laws
You understand that you must comply with all applicable laws associated with the sale or purchase of tickets or the use of the Service, and for complying with all applicable ticket resale laws. You also understand that you must comply with all laws, mandates, health orders and directives applicable to the event you attend. Unlawful resale (or attempted resale), counterfeit or copy of tickets is grounds for seizure and cancellation without compensation. Certain maximum resale premiums and restrictions may apply in some states and you understand that complying with laws is your responsibility and we are not responsible for providing legal advice regarding resale or pricing of tickets. In addition, we reserve the right to restrict or deny ticket purchasing privileges to anyone that we determine to be, or has been, in violation of our policies. Because we do not guarantee the authenticity of tickets purchased from any non-authorized third-party reseller (such as brokers or individuals), we recommend that you purchase tickets directly through AXS, our Client, authorized partners or from the venue box office to ensure ticket authenticity.
You agree not to hold us 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 requests and may provide them with all information you submit to us to assist in any investigation or prosecution they may conduct (without providing notice to you, unless otherwise required by law). Remember, in order to prevent ticket misuse or to comply with any applicable requirements such as related to the ADA, our Client may at their discretion require the person purchasing tickets to be the person that uses the ticket, and therefore may require verification of identity at entry.
Information/Services We Provide to You
We reserve the right, without prior notification, to change any content on our Service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to terminate, suspend any or limit any user’s ability to make purchases through the Service. Price and availability of any ticket, product or service on the Service are subject to change without notice.
AXS or the Client may send a summary of your purchase to the email address you provided to our Service. You should receive a confirmation after concluding your transaction. If you do not receive a confirmation, if you receive an error message, or if you discover an error in the information provided, contact customer service immediately at [email protected] 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 assumptions that a transaction was completed even though you did not receive a confirmation.
Please note that orders are processed only after a billing address and other billing information has been verified. Occasionally, we receive incorrect billing or Payment Method information for an order that can delay processing and delivery. In these cases, customer service will attempt to contact you, using the information we have on file. If customer service is unable to reach you after its initial attempt, the Service may cancel your order and release your tickets or Rights without further notice to you. Information sent to the email address you provide will be deemed to be delivered to you, regardless whether you check your email, provide an incorrect address, or if the message is marked as “junk” or “spam.”
Assumption of Risk, Waiver & Limitation of Liability
Assumption of Risk
Holder understands and agrees that there are certain risks of injury, illness and/or death of entering the venue and/or attending the event, including, without limitation, objects flying into the spectator area during an event, special effects at an event, acts or omissions of other spectators and risks related to the novel coronavirus SARS-CoV-2 and any resulting disease (together with any mutation, adaptation or variation thereof, “COVID-19”). Holder understands and agrees that these risks cannot be fully eliminated.
Despite these risks, Holder voluntarily assumes ALL known and potential risk and danger of injury and/or death from any cause, resulting from, in connection with, or incidental to the venue and/or event, including, but not limited to exposure to COVID-19. Holder agrees that the Releasees (defined below) shall not be responsible or liable for any claim, loss, damage or injury, whether occurring before, during, or after the event, regardless of whether caused by the negligence or other fault of Releasees or any third party.
Holder hereby forever releases, waives, discharges and agrees not to sue AXS, Client, Anschutz Entertainment Group, Inc., any owner, manager, operator, or sponsor of the venue, any promoter, producer, or sponsors of the event, any leagues, teams, artists, advertisers or suppliers of the event, and their respective parents, subsidiaries, affiliates, owners, members, managers, directors, officers, past and present employees, volunteers, agents, representatives, successors and assigns (collectively, “Releasees”) for any known or unknown claims, losses, damages, liability, demands or actions incident to entering the venue and/or attending the event, whether such risks and dangers occur before, during, or after the event, including, but not limited to injury or death relating to COVID-19 or any other illness or injury that Holder may sustain while at the venue or related to attending the Event, regardless of whether caused by the negligence or other fault of Releasees or any third party (“Claims”).
For California residents: I understand that this waiver applies to Claims which I may not know or suspect to exist and I knowingly and voluntarily waive such rights, including those under California Civil Code Section 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party.”
Limitation of Liability
To the fullest extent permitted by applicable laws, none of the Releasees are or will be responsible or liable to you or to any third party for, and you expressly waive all rights to seek, any indirect, incidental, consequential, special, exemplary, punitive or other damages under any theory of liability, arising out of or relating in any way to the Service, transactions made through the Service, and/or materials contained on the Service, or the event (even if we or Client have been advised of the possibility of such loss or damages, or such loss or damages were reasonably foreseeable).
Each Holder agrees to comply with the following terms and conditions regarding tickets and attendance at an event:
If you have any questions regarding this Agreement, please contact us at [email protected] or by mail at:
AXS GROUP LLC
425 West 11th Street, Suite 100
Los Angeles, CA 90015
Attn: Purchase Agreement - AXS
©2023 AXS Group LLC