Last Updated: August 16, 2017
This Purchasing Agreement ("Agreement") is made by and between Port Payments Co., a Delaware corporation, with a principal place of business at 2401 Walnut Street, Suite 602, Philadelphia, PA 19103 ("Company," "Port," "We," "Us," or "Our"), and you, a person, organization or other entity ("You," "Your, " "Purchaser," "Buyer," or "Holder"). This Agreement sets forth the terms and conditions pursuant to which You may use Port’s Port services (the “Services”), available at http://sellwithport.com to access and purchase products from third party merchants (“Merchants”), including, without limitation, admission or access to, or participation in, events, venues and other activities (each, a "Venue"). Each product or admission purchased hereunder is subject to the additional terms and/or restrictions that may be set forth by a Merchant with respect to such product or admission. The parties, intending to be legally bound, hereby agree as follows:
The Services consider of: (i) accepting and processing Your on-line orders for the purchase of products, including admission to Venues, that are made available through the Services by a Merchant; and (ii) providing You with a confirmation number for Your transaction.
Each Merchant determines, in its sole discretion, any specifics relating to Your purchases of their products and admissions, including, without limitation, the pricing, availability, refund availability, and seating locations. Merchant sales may be conducted exclusively through Us or in combination with other inventories from companies not associated with Us. Port exerts no control or authority over the Merchant or its prices, availability, seating locations, refund availability, or any other companies that may be selling products or admission to Venues through Our Services.
Any purchases made through our Services are subject to a service charge, as shown prior to the time of Your purchase. Authorization of a Refund is the sole responsibility of the Merchant.
Your order will be processed after Your billing address has been verified. You will receive confirmation that Your order was processed successfully via email shortly after the transaction is completed.
You represent and warrant that any credit or debit card or other billing information that You provide to Port is valid and accurate in all respects, and that, if any such information You have on file with us changes, You will immediately update Your information with valid and accurate information before requesting any additional transactions or incurring additional charges through Port. By providing payment card or other financial or payment account information to Port, You hereby authorize Us to charge or debit your payment card or other account for the face value of Your purchase, as well as any Fees or other charges (such as taxes) that may be due in connection with any transactions you request through Port. In the event that Port suffers a chargeback or any other monetary loss because of invalid financial or payment account information provided by You, or because of any other act or omission by You in violation of this Agreement or the TOS, Port shall be entitled to recover from You, in addition to any amounts otherwise owing, its reasonable costs of collection, including, without limitation, collection agency fees, reasonable attorneys' fees, and court costs.
Merchants may impose limits on the number of purchases for each product or Venue sold through the Services. Each listing will contain the maximum number of purchases available to each purchaser, and this number will be verified for each transaction. This policy is intended to discourage other purchasers from engaging in unfair trade practices. If We learn that You are purchasing more than the authorized number of purchases for any product or Venue and are engaging in practices that We, in Our sole discretion, determine to be unfair, We will terminate Your account and cancel Your purchase without prior notice to You.
Before making a purchase through the Services, it is Your responsibility to carefully review all aspects of the specific product or Venue, applicable restrictions, if any (see the paragraph titled "Venue Restrictions" for more information), dates, pricing, charges, and seat selection. Except as specifically stated in the paragraph titled "Cancellations and Rescheduling," We will NOT issue any refunds or exchanges because You failed to review this information and We will not issue any refunds for any lost, stolen, destroyed, or damaged admission evidence or other proof of purchase, or as under any other circumstances except in the limited cases explicitly described in this Agreement.
If You do not receive an email confirmation of Your purchase after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is Your responsibility to confirm with Us whether or not Your order has been placed by contacting Our customer support at the address provided below or emailing us at firstname.lastname@example.org. Only You may be aware of any problems that may occur during the purchase process. Port will not be responsible for such losses (whether monetary or otherwise). Orders are processed only after the relevant billing information has been verified.
If the applicable Venue offers electronic admission delivery, You will be able to print Your admission evidence after Your order is processed. The admission evidence contains a unique bar code that corresponds to Your order and must be brought with You to the Venue. Some Venues will require physical admission evidence. The physical evidence will either be shipped to You from Us or from the venue where the Venue will be held. Some Venues will require You to proceed to the call window to obtain Your admission evidence prior to entry. Other Venues will allow You to be admitted directly. All of this information will be displayed on the Venue listing, so please read and review the Venue listing carefully.
You understand that You must bring printed admission evidence and/or the confirmation information with You to the Venue. Additionally, while not all Venues require identification, on some occasions, government-issued identification will be required by the Merchant. For this reason, We recommend that You bring a valid and current government-issued photo identification ("ID") with You to the Venue. When arriving at an Venue, there will only be one entry per admission. If there are multiple parties attempting to enter using the same admission, only the first party that arrived with admission evidence will be admitted.
Some Venues listed on Our website may have certain restrictions. For example, some Venues will only admit people over twenty-one (21) years of age or must have a certain affiliation, such as being a student at a particular educational institution. It is Your responsibility to determine if a particular Venue restriction applies to You (and Your party, if applicable) and to fulfill all criteria in order to gain admittance. No refunds will be given if You are declined entry to an Venue due to a restriction.
Occasionally, a product or Venue is cancelled or postponed by the Merchant due to unforeseen circumstances. In certain instances, We may also cancel a product or Venue due to problems with the Merchant or the applicable listing. If a product or Venue is cancelled, We may post a notice of cancellation on Our Website under the applicable listing promptly after We receive notice of the cancellation or otherwise attempt to notify You. If this happens, We will issue a refund as quickly as possible after We have notice of the cancellation. If You learn that a product or Venue is cancelled, moved, or rescheduled, please contact Us at Our customer support address set forth below for information on receiving a refund. Please include Your name, the product or Venue, and Your confirmation number.
Any refunds issued to You will be provided ONLY AFTER Our receipt of payment of the refunded amount from the Merchant. Any refund issued by Port will be applied to the credit or debit card or other payment account You used for such purchase; Port shall not be responsible if you fail to receive Your refund because your account information on file with Port is no longer valid or up-to-date. Port does not assume responsibility to make refunds to any person other than the person who ordered the admission as shown by Our records, regardless of whether or not the product or admission purchased by You have been transferred in accordance with this Agreement.
If a Merchant permits, admission purchased by You may be transferred to other parties. If you are purchasing admission for Yourself and on behalf of other parties, You, as the primary admission holder, may resell or transfer these admission to the other parties. It is Your sole responsibility to comply with any applicable federal, state, or local laws that relate to the resale, transfer, or other disposition (including so-called "scalping") of admission. You are solely responsible, as well, for ensuring that any transferees of Your admission are eligible to attend the Venue and comply with any applicable restrictions for the Venue (e.g., age restrictions). Neither this Agreement nor the TOS is intended to create any third-party beneficiary rights for transferees of admission, and You agree to indemnify, defend and hold Port, its affiliates, and its and their respective officers, directors, shareholders, members, managers, employees, customers, suppliers, contractors, agents and representatives harmless from and against any and all claims, suits, complaints, actions, demands, proceedings, damages, losses, liabilities, costs and expenses incurred, suffered, brought, claimed, made or alleged by or on behalf of any transferees of admission, as well as any and all reasonable attorneys' fees and other costs or expenses incurred by Port or any of the other indemnified parties in connection therewith. We cannot guarantee the authenticity, validity and quality of, and provide no assurances with respect to, any admissions purchased from a third party, which admissions were originally sold through Our Services. There is a substantial risk that such admissions are fraudulent and not valid.
YOU UNDERSTAND AND ACKNOWLEDGE THAT Port IS NOT AN ORGANIZER OR OTHER PROMOTER OF ANY VENUE OR PRODUCTS LISTED ON OUR SERVICES OR WEBSITE, AND HAS NO RESPONSIBILITY FOR OR CONTROL OVER ANY MERCHANTS’ PRODUCTS OR THE CONDUCT OF ANY VENUE (OR THE OPERATION, MANAGEMENT OR CONDITION OF THE VENUE IN WHICH THE VENUE IS HELD). YOU ASSUME ALL RISKS, LOSSES AND LIABILITIES INCIDENTAL OR RELATED TO ALL PRODUCTS AND ADMISSIONS FOR VENUES PURCHASED THROUGH OUR SERVICES, AND YOU WAIVE ANY CLAIMS FOR PERSONAL INJURY, DEATH, PROPERTY LOSS OR ANY OTHER DAMAGE AGAINST Port ARISING OUT OF OR IN ANY WAY RELATING TO SUCH PRODUCTS OR VENUE.
Merchants reserve the right, without refund of any amount paid, to refuse admission to, or eject, any person whose conduct is deemed disorderly, who uses vulgar or abusive language or who fails to comply with the Merchant’s rules, including any requirement that persons not record or transmit any picture or reproduction of the Venue. You and Your belongings may be searched on entry to a Venue. Breach of terms or rules will terminate Your license to attend the Venue without refund. Each admission that You purchase through the Services is a limited, revocable license to attend a particular Venue. Admission may be refused upon refunding the face amount of admission. Admission is not redeemable for cash.
Port and You are and shall be independent contractors and neither party by virtue of this Agreement shall have any right, power, or authority to act or create any obligation, express or implied, on behalf of the other.
Port will provide technical and other customer support to You should You have any questions or difficulties which may arise in connection with Your use of Our Services. You can access support at support.sellwithport.com We attempt to answer Your questions in a timely manner, but make no guarantees that We will respond to Your inquiry by a particular time.