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General Terms and Conditions of Olooja Enterprise Ltd.

1. Definitions

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

• General Terms and Conditions: these general terms and conditions of Olooja Enterprise Ltd.

• Olooja: the private company with limited liability OLOOJA ENTERPRISE LTD, having its registered office in UNITED KINGDOM .

• 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 OLOOJA and which is responsible for the organisation and/or production of the Event.

• Application: the (online) system developed by OLOOJA 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 OLOOJA 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 organised by or on behalf of the Client which the Client sells to the User via the Application.

• User: the natural or legal person which purchases a ticket from the Client or another User by making use of the Application for an event organised by or on behalf of the Client.

2. Applicability of the General Terms and Conditions

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

2.2 OLOOJA 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 OLOOJA 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. OLOOJA 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 OLOOJA Application. OLOOJA 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 when making a reservation. In case of doubt about the accuracy of the details that the User has entered with the order, OLOOJA may contact the User making use of the details that the User has entered. If OLOOJA is unable to reach the User and therefore cannot check the details, OLOOJA may cancel the reservation and sell the Tickets to another User. If OLOOJA 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. OLOOJA 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. The right of withdrawal does not apply on the basis of Article 16(i) Chapter 3 of Directive 2011/83/EU on consumer rights. Tickets cannot be returned.

The provisions of Article 6:230p (e) apply to the Tickets.

4. Application

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

4.2 OLOOJA 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 maximising 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 OLOOJA.

5. Rates and payment

5.1 OLOOJA 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 OLOOJA 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. GUTS will continue to deem the telephone number and e-mail address provided by the User as being correct until the User has notified OLOOJA 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 cancelled or moved

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

7.3 If an Event is cancelled 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 organiser of the event. If the Client asks OLOOJA to refund the ticket price to the User, then OLOOJA 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 OLOOJA to refund the ticket price to the Users, OLOOJA 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 OLOOJA 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 GUTS reserves the right to render the Ticket invalid and to claim an immediately due and payable penalty of € 5,000.00 per case from the User.

8.2 GUTS 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 OLOOJA remain with OLOOJA ENTERPRISE LTD.

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

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

10. Privacy and personal data

10.1 OLOOJA 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 OLOOJA which can be consulted on the OLOOJA website and the User is also deemed to agree to the processing described there of the personal data it has provided.

11. Liability

11.1 OLOOJA cannot be deemed to be the organiser 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 GUTS 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 GUTS or its agents.

11.3 OLOOJA ' liability in respect of imputable failure