Terms & Conditions

General Terms and Conditions of Digikraft .io, Inc. d/b/a Valicit with its principal place of business located at 1644 77th Street, Brooklyn NY 11214.

Welcome to Valicit.com!

The following terms of service (these "Terms of Service"), govern your access to and use of the Valicit.com website and any related mobile application or other products and services.

Please read the Terms of Service carefully before you use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when prompted, you accept and agree, on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound and abide by these Terms of Service.

If you do wish to comply with these Terms of Service, inclusive of the Privacy Policy, do not access or use the Site. Please refer to the relevant articles in this section for more information about the policies governing usage and activities on the Site.

This Site is offered and available to users who are at least 18 years of age and of legal age to form a binding contract. If you are under 18 and at least 13 years of age, you are only permitted to use the Site through an account owned by a parent or legal guardian with their appropriate permission. If you are under 13 you are not permitted to use the Site or the VALICIT services. By using the Site, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site

Our Customer Support team is available 24/7 if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by submitting a request here. The original language of these Terms of Service, as well as all other texts throughout the Site, is English. In case of conflicts between the original English version and any translation, the English version shall prevail.

Accounts

VALICIT reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service or due to any illegal or inappropriate use of the Site or services.

Violation of these Terms of Service may get your account disabled permanently.

Users with disabled accounts will not be able to sell or buy on VALICIT.

Users who have violated our Terms of Service and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.

Users have the option to enable account Security features to protect their account from any unauthorized usage.

Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.

Disputes should be handled by contacting VALICIT Customer Support.

Digikraft.io may make changes to its Terms of Service from time to time. When these changes are made, Digikraft.io will make a new copy of the terms of service available on this page.

You understand and agree that if you use VALICIT after the date on which the Terms of Service have changed, VALICIT will treat your use as acceptance of the updated Terms of Service.

1. Definitions

In these general terms and conditions, the following definitions are used:

General Terms and Conditions: these general terms and conditions of Valicit.
VALICIT: a product of Digikraft.io, Inc., having its principal place of business in New York.
Client: the contractual party which acts in the exercise of a profession or business in the capacity of user of the services or goods provided by or on behalf of VALICIT and which is responsible for the organization and/or production of the Event.
Application: the (online) system developed by VALICIT for the purchase, intermediation, handling, processing and settlement of tickets (including possible updates and the smartphone application for this system).
Agreement: the relevant Agreement between the Client and User for providing services for payment in connection with an Event, where VALICIT acts as an intermediary.
Location: the place where the Event is held.
Event: the public or closed happening where – by way of example, but not exclusively – a performance of an artistic and/or sporting nature is presented, including – but not limited to – a musical, theatre or music performance, a concert, show or a sports event.
Ticket: the proof of a right of access to an event organized by or on behalf of the Client which the Client sells to the User via the Application.
User: the natural or legal person who purchases a ticket from the Client or another User by making use of the Application for an event organized by or on behalf of the Client.

2. Applicability of the Terms and Conditions

2.1 These General Terms and Conditions apply to every offer, every agreement and all services between VALICIT, Users and the Client, insofar as the parties do not explicitly deviate from these General Terms and Conditions in writing.

2.2 VALICIT expressly rejects the applicability of other terms and conditions of the User and/or the Client.

2.3 The general terms and conditions of the Client also apply to the Agreement, as well as the general terms and conditions of the holders of the Locations. In the event of inconsistency between the provisions of these General Terms and Conditions and the above-mentioned conditions, the provisions of these General Terms and Conditions shall prevail. In the event of inconsistency between the general terms and conditions of the Client and those of the holders of the Locations, the general terms and conditions of the Client shall prevail. A copy of the general terms and conditions of the Client or the holders of Locations is available from the Client or the relevant holder of the Location.

2.4 In the event that one or more of the conditions in these general terms and conditions is or becomes null and void, then the remaining conditions shall remain applicable undiminished.

3. Formation of the Agreement

3.1 VALICIT acts as an intermediary in the conclusion of the Agreement between the User(s) and the Client as regards offers and sales of (reservations for) Tickets. VALICIT is not a party to the Agreement that is concluded by the purchase of a Ticket. The Agreement is concluded after the User has bought one or more Tickets via the VALICIT Application. VALICIT provides the Tickets on behalf of the Client or other User.

3.2 The User must, before they confirm their reservation, always carefully check that the correct Tickets have been reserved. Therefore, the User must always use a correct e-mail address and phone number when making a reservation. In case of doubt about the accuracy of the details that the User has entered with the order, VALICIT may contact the User making use of the details that the User has entered. If VALICIT is unable to reach the User and therefore cannot check the details, VALICIT may cancel the reservation and sell the Tickets to another User. If VALICIT has doubts about the accuracy or validity of the details entered by the User with the order or the means of payment used by the User, then it has the right to cancel the User's reservation and to sell the Tickets to another User. VALICIT will use its best efforts to inform the User in such a situation.

3.3 Every Agreement is concluded subject to the suspensive condition that there are sufficient products or services available.

3.4 The User cannot invoke a right of withdrawal or refund, unless the Client independently authorizes such withdrawal or refund.

4. Application

4.1 VALICIT offers the Client the possibility of making use of the Application for the sale of Tickets to Users for Events to be organized by the Client.

4.2 VALICIT grants the Client access to the use of the Application to the extent that this is necessary for the performance of the obligations included in the Agreement.

4.3 The Application is – also with a view to maximizing the Tickets to be sold – managed, maintained and if need be repaired according to the principles of good workmanship by and for the account of VALICIT.

5. Rates and payment

5.1 VALICIT sells Tickets on behalf of Clients who decide the price and number of available Tickets. Information regarding the price and availability are provided without obligation and subject to all reservations.

5.2 VALICIT will make an offer to the Client regarding the rates that will be applied.

5.3 If the User does not pay the amounts owed on time, the User owes, without any warning or notice of default being necessary, the outstanding amount of statutory interest, if the User fails to comply with the claim following a warning or notice of default.

5.4 If the Application negotiates the transfer of ownership of a Ticket between Users, a Service fee is charged.

6. Delivery times

6.1 Tickets are delivered to the account that is linked to the mobile telephone number that the User has provided. VALICIT will continue to deem the telephone number and e-mail address provided by the User as being correct until the User has notified VALICIT of a new telephone number.

6.2 If any delivery time is exceeded this shall not give the User the right to compensation nor will the User gain the right to cancel the order or the Agreement, unless the delivery time is exceeded to such an extent that the User cannot reasonably be asked to allow the Agreement to stand.

7. Events canceled or moved

7.1 The User is entirely responsible for checking whether an Event has been canceled or rescheduled and the new time or location. VALICIT will use its best efforts to inform the User in good time regarding any rescheduling/cancellation of an Event. VALICIT is not responsible for any expenses incurred due to canceled or moved Events.

7.2 Tickets for rescheduled Events generally remain valid for the replacement Event, however the Client is in this regard ultimately responsible for this and the User cannot claim a replacement Ticket from VALICIT.

7.3 If an Event is canceled or rescheduled, then the User can return the Tickets for this Event in accordance with the scheme as decided by the Client. As regards the relevant conditions we refer you to the general terms and conditions of the organizer of the event. If the Client asks VALICIT to refund the ticket price to the User, then VALICIT shall do so after it has received the money in question from the Client. Service and administration costs will not be refunded.

7.4 If the Client requests VALICIT to refund the ticket price to the Users, VALICIT will do so after it has received the relevant funds from the Client. Service and administration costs are non-refundable. If Tickets have been purchased from another User, the buyer will receive a refund of at least the purchase price capped at the original purchase price of the Event, without Service and administration costs.

8. Tickets

8.1 The Tickets distributed by VALICIT remain the property of the Client. It is expressly prohibited for the User to offer a Ticket in a different manner other than via the Application to third parties. If a Ticket is offered via other channels, then VALICIT reserves the right to render the Ticket invalid and to claim an immediately due and payable penalty of $5,000.00 USD, or the equivalent thereof, per case from the User.

8.2 VALICIT reserves the right at all times to refuse orders from Users.

9. Intellectual Property Rights

9.1 All intellectual property rights relating to the name, the Application and the image mark of VALICIT remain with VALICIT, a product of Digikraft.io.

9.2 The User shall refrain from actions that could harm rights or other interests in this regard of VALICIT or of its licensor.

9.3 The Agreement does not constitute the transfer of any intellectual property right from VALICIT to the User or the Client.

10. Privacy and personal data

10.1 VALICIT complies with all of its obligations as the processor in the context of the General Data Protection Regulation (GDPR). The collected data of Users shall only be processed and used for purposes for which the User has granted advance express consent.

10.2 The User is deemed to have read the privacy statement from VALICIT which is part and parcel of these Terms and Conditions and the User is also deemed to agree to the processing described there of the personal data it has provided.

11. Liability

11.1 VALICIT cannot be deemed to be the organizer of the Event and is not responsible for, and does not provide any guarantee for, the artistic quality and content of the Event and the course of events in or around the Event, and does not accept any liability whatsoever on the basis of this fact.

11.2 With the exception of the other liability provisions in these General Terms and Conditions, the total liability of VALICIT because of imputable failure to perform or an unlawful act is limited to compensating the direct loss up to the amount that the User has been or could be charged for the Tickets, unless the loss is due to intent or gross negligence on the part of VALICIT or its agents.

11.3 VALICIT' liability in respect of imputable failure to perform an agreement shall not in any case arise unless the User forthwith and properly declares VALICIT in default in writing, stating a reasonable period in which to remedy the failure, and VALICIT continues, and can be blamed for continuing to fail in the fulfillment of its obligations even after such period. The notice of default must give as complete and detailed a description as possible of the failure, so that VALICIT is in a position to respond adequately.

11.4 VALICIT cannot be held liable in any way whatsoever for any loss that the holder of this proof of access experiences due to the acts or omissions of third parties.

12. Force majeure

12.1 Force majeure means any shortcoming that cannot be attributed to VALICIT because it cannot be blamed and is not accountable pursuant to law, juristic acts or common opinion.

12.2 Notwithstanding its other rights, in cases of force majeure VALICIT shall be entitled, as it sees fit, to defer the execution of the User's order, by notifying the User of this in writing to that effect and without VALICIT being obliged to pay compensation, unless this would be unacceptable in the given circumstances according to criteria of reasonableness and fairness.

12.3 In the following cases the parties agree that there is a question of force majeure in any event as referred to in Article 12.1 of these General Terms and Conditions:

if the services are not delivered or delayed – other than as a result of intent or deliberate recklessness on the part of VALICIT – due to the destruction in any manner whatsoever of servers, back-ups and other equipment used by VALICIT and also malfunctions in telephone and internet traffic;
if the services are not delivered or delayed on VALICIT' side due to sabotage – whether terrorist or not – by third parties, including actions by so-called 'hackers' or 'crackers'.

13. Indemnification

13.1 The Client will indemnify VALICIT against claims by third parties on account of damage caused because the Client provided incorrect or incomplete information.

13.2 The Client will indemnify VALICIT on first request if a claim is made against VALICIT in any sense whatsoever by or on behalf of a User in relation to the content and/or in case of improper performance of the agreement(s) the Client and the User have concluded with each other, for example in the event of cancellations, and also related communication by the Client to the User, or any other potential form of failure and/or unlawful act on the part of the Client towards the User.

14. Applicable law and choice of jurisdiction

14.1 All Agreements with VALICIT are governed by United States law.

14.2 Any disputes which may arise as a result of this Agreement or any further agreement arising or connected therewith, shall be exclusively judged in the first instance by the competent court in New York.

Privacy statement of Valicit, a product of Digikraft.io, Inc.

Digikraft.io, Inc., with its principal place of business located at 1644 77th Street, Brooklyn NY 11214 (hereinafter: 'VALICIT' or 'we'), takes the privacy of Users very seriously. We handle the personal data that we collect during our business operations with the greatest of care.

VALICIT will only use your personal data in accordance with the conditions of this Privacy Statement.

This Privacy Statement explains the following:

Basis and reasons for processing data;
How we use these data;
Security of your data;
Other considerations.

1. Basis and reasons for collecting data

VALICIT collects data because this is necessary for the performance of our services.

The collected data are used in order to purchase and validate Tickets from our client in a safe and reliable way via our Application, and to maintain, secure and improve our Application.

We will request the following information in order to successfully process a financial transaction: first name and surname, address, postcode, city/town and country, e-mail address, telephone number and date of birth. These data are important so that we can then correspond with you about the status of your transaction in order to acquire the Tickets, to contact you if there is a problem and to decide whether the person who is paying is old enough to buy the Tickets and go the Event.

In addition, VALICIT uses your data, if you have granted express permission for this, to provide you with personalized content, such as more relevant search results and relevant upcoming events.

Data are collected in the following ways:

Data that you provide to us:

When you purchase Tickets or create a profile/account within our Application, you provide certain personal data (such as: name, e-mail address, telephone number).

Data that we received on the basis of your use of our services:

We collect data about the services that you use and the way that you use them. These data include: device data, log file data, location data, unique application numbers, local storage, cookies and comparable technologies.

2. Use of data

We use data that is collected from cookies and other technologies to improve your user experience and the overall quality of our services. Our systems analyze your content in order to provide you with relevant product functions, such as appropriate search results, personalized advertisements and spam and malware detection.

We ask for your permission before we use data for purposes other than those described in this Privacy Statement.

We do not share personal data with businesses, organizations and individuals outside VALICIT insofar as sharing of such data is not necessary for the performance of our services. Only if you have granted explicit permission to share the data collected by VALICIT with our Client(s), by declaring your agreement to the privacy statement of our Client for specifically defined purposes, will VALICIT share your data with its Client.

VALICIT will – on request – share your data with the artists/organizer you've bought Tickets for and/or their legal representatives.

VALICIT will only share your personal data in accordance with the applicable United States law.

3. Security and duration of the storage of your data

At VALICIT we do everything to protect Users against unauthorized access or unauthorized modification, disclosure or deletion of data that are in our possession. We restrict access to your personal identifiable information to employees who need this information to offer our service to you.

VALICIT stores your data during the entire period that you make active use of our Application until you prompt VALICIT to destroy such data.

If we receive a formal written complaint, we will contact the person who submitted the complaint to discuss follow-up actions.

4. Other considerations

You can yourself assess the personal information you provide to us and make any changes you desire to your information. These changes can be made on the VALICIT website.

If we receive a written complaint, we will contact the person who submitted the complaint to discuss follow-up actions.

You have the right at all times to ask us to delete your data. You can submit a request to this effect via [email protected]. One of our employees will then contact you as soon as possible to confirm that your data have been deleted.

This Privacy Statement applies to the services provided by VALICIT.

These General Terms and Conditions and Privacy Statement may be amended from time to time, but we will not restrict your rights without your express consent.