General terms and conditions

Terms and conditions of Tiks Asia

PRELIMINARY ARTICLE - DEFINITIONS

The expressions and terms used in these General Terms and Conditions shall have the meanings attributed to them below:

Billets or Tickets

Refers to the right of admission to an Event organised by the Organiser on the Site.

Personal account

Refers to the personal account created on the Site when a Ticket is purchased.

Event

means the individual event or events promoted on the Tiks Asia Site for which tickets are available.

Organiser

Designates Fufu Company Ltd 2/F, 12 MAU PING SAN TSUEN, SAI KUNG 123 Hong Kong

Tiks Asia or Us

Designate the company Tiks Asia Ltd registered with the Hong Kong Companies Registry under number 76220272, whose registered office is located at 2/F, 12 MAU PING SAN TSUEN, SAI KUNG HONG KONG

Platform

Refers to the ticketing platform operated by Tiks Asia

Site

Designates the website https://www.shifumiz.com/ and all related services, in particular the Platform.

The Client or You

means any legal entity or individual purchasing Tickets on the Site to participate in an Event


ARTICLE 1 - SCOPE OF APPLICATION

Tiks Asia is a digital ticketing Plateform that allows the Organiser to promote and sell Tickets for its Events. At no time do we purchase Billets, set the price of Billets or determine the conditions of sale for each Event, this is the responsibility of the Organiser.

We simply collect the money from the Tickets on behalf of the Promoter and provide the Promoter with the details of your booking, as well as the revenue from the Tickets. Tiks Asia will charge you a booking fee for this service. Ownership of Tickets and the right to grant entry to the Event remains with the Event's Organiser and is not transferred to Tiks Asia at any time.

These General Conditions apply to the exclusion of all other conditions. They are accessible at all times on the Site and will prevail, where applicable, over any other version or any other contradictory document. You declare that:

• Have read and accepted these Terms and Conditions before registering for the Event.

• Have full legal capacity to enter into commitments under these General Terms and Conditions.

• Be of legal age and not under any form of protection or guardianship.


ARTICLE 2 – TICKET ORDERING

• Order process

Client selects the Event they wish to order directly on the page reserved for them when browsing the Site. They must then create a Personal account on Site and consequently undertake to :

• Provide true, accurate, current and complete information as requested in the Site registration form;

• Maintain and promptly update registration data so that it remains true, accurate, up-to-date and complete.

Any order placed on the Site by the Client constitutes the formation of a contract concluded remotely between the Client and Tiks Asia.

The information provided by the Client when placing the order is binding. Tiks Asia or the Organiser may in no way be held liable if an error in placing the order prevents the Client from taking part in the Event.

The Client is informed that the Organiser may modify, add, withdraw or replace the artists, prizes, date, venue, capacity, age restrictions and timetables of the Event without prejudice to the latter.

• Order confirmation

The sale of Tickets will only be considered definitive once Tiks Asia has sent the Client confirmation of acceptance of the order by e-mail and once the Client has received the full price.

• Modifying the order

Once the order has been validated, the Customer may modify the information entered to access the Event on his Personnal account.

In particular, he/she may change the rname/first name of the person mentioned on the Ticket in the event of sale or transfer (whether free of charge or in return for payment).

In this case, a service charge may be applied by the Organizer or Tiks Asia, and the Customer must take this into account before making any changes

• Order cancellation

Given the nature of the Event, no cancellation of the order by the Client will be possible once it has been confirmed by Tiks Asia and following the wishes of the Organiser, subject to the provisions of Article 4.

Tiks Asia reserves the right to cancel or refuse any order from a Client with whom there is a dispute relating to the payment of a previous order on the Site.

ARTICLE 3 - PAYMENT & PRICE

Payment for the order can be made as follows when the order is placed:

• Stripe

The Client is hereby informed that the undertaking to pay given by bank card is irrevocable.

By providing his/her bank details when placing an order, the Client authorises Tiks Asia to debit his/her card for the amount relating to the price indicated. The Client confirms that he/she is the legal holder of the card to be debited and that he/she is legally entitled to use it.

Payments are made via an independent payment service provider that uses the TLS (Transport Layer Security) protocol.

Tiks Asia cannot be held responsible in the event of fraudulent use by third parties of the means of payment used. The independent payment provider assumes full responsibility for the security of its system.

Tiks Asia reserves the right to suspend or cancel access to the Event in the event of non-compliance with the above payment conditions. Under no circumstances may the Client request any compensation or reimbursement in this respect.

Payments made by the Client will not be considered final until Tiks Asia has received the sums due.

Tickets are supplied at the prices in force on the Site when the order is placed. Prices are inclusive of all taxes. The prices take into account any discounts granted by the Organiser.

These prices are firm and non-revisable during their period of validity, as indicated on the Site, the Organiser, via Tiks Asia, reserving the right, outside this period of validity, to modify them at any time.

ARTICLE 4 - REFUND POLICY

4.1. Cancellation by the Organiser

This refund policy is established by the Organiser, who remains solely responsible to the Client. Tiks Asia acts only as an intermediary.

The Organiser agrees to refund the Client acknowledges if an Event is cancelled or does not take place. The amount refunded will be the total price of the Ticket less the cost of processing the refund. Booking fees paid at the time of purchase will not be refundable.

4.2. Cancellation by the Client

If the Client requests a total or partial refund, the Client must contact the Organiser, who will examine the situation on a case-by-case basis. The decision whether or not to refund all or part of the price of the Ticket will be taken at the sole discretion of the Organiser of the Event.

Refunds can only be made by the same method of payment used for the original purchase. If the Tickets have been transferred, the new holder of the Tickets must contact the original purchaser of the Tickets to obtain a refund if the transfer was made following a sale.

ARTICLE 5 - ACCESS TO THE EVENT

Access to the Event is subject to the terms and conditions determined solely by the Organiser. Tickets are issued subject to the rules and regulations of the Event, as published by the Organiser and the venue. Full details are available on request from the Organiser. The Client, and more generally all other Ticket holders, must comply with all laws, safety announcements and regulations of the venue.

The Customer is informed that in the event of exchange or resale of the Ticket, the Customer must make the necessary modifications on his Personal account under his sole responsibility. The Organizer and/or Tiks Asia cannot be held liable if the Customer fails to comply with these obligations.

Furthermore, the printing of multiple Tickets with different personal information is strictly forbidden. A single Ticket gives access to the Event for one person only. In such a case, the Organizer reserves the right to refuse access to the Customer without prejudice to the latter.

To access the Event, the Client must present :

• A valid identity document ;

• His printed or dematerialised Ticket.

All minors must be accompanied by an adult who will be solely responsible for them.

Furthermore, the Client undertakes not to bring to the Event :

• Illegal, dangerous or prohibited products;

• Animals, including pets;

• Professional recording equipment without the express written authorisation of the Organiser.

• Drones;

• Alcohol or food in any form.

In the event of failure to comply with the obligations described above, the Organiser may refuse entry or expel the Client in the event of anti-social behaviour, or any other activity deemed inappropriate, without prejudice to the Client.

ARTICLE 6 - TERMINATION

Tiks Asia may, at its sole discretion may cut off the Client’s access to his Personal account and /or prohibit access to the Site at any time, for any reason whatsoever and in particular in case of lack, failure to pay on time any sum due, or if Tiks Asia considers that the Client has violated or acted in a manner incompatible with these Terms and Conditions against the letter or spirit of them.

ARTICLE 7 - INTELLECTUAL PROPERTY

All texts, comments, works, illustrations, images and photographs, videos, brands and databases reproduced and integrated on the Site are the exclusive property of Tiks Asia or the Organiser and are protected by international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

Tiks Asia is also the owner of, or has exclusive rights to, the Platform and to the documents, information, works, illustrations, images and photographs, videos and audio available on the platform. No transfer of intellectual property rights is made through these General Terms and Conditions.

Consequently, the Client only has the right to use the Platform and the content made available, without being authorised to reproduce, represent, adapt, distribute or exploit it for personal purposes or the benefit of third parties. Furthermore, the Client expressly agrees not to use the Platform or the content made available on the Platform to market services or products that compete with those of Tiks Asia or the Organiser.

The Client expressly acknowledges that any breach of this clause may cause financial loss to Tiks Asia, for which it may seek compensation.

ARTICLE 8 - EXCLUSION OF WARRANTY.

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TIKS ASIA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. TIKS ASIA DOES NOT WARRANT THAT: (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIALS PURCHASED OR OBTAINED BY THE CLIENT, OR EVENTS ATTENDED BY YOU, THROUGH THE SITE, OR THE SERVICES THEMSELVES (OR ANY PART THEREOF), WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SITE WILL BE CORRECTED. TIKS ASIA IS NOT RESPONSIBLE FOR THE CONTENT, PRODUCTS, SERVICES, ACTIONS OR INACTIONS OF ANY USER, PURCHASER OR OTHER NON-ORGANISER, ORGANISER OR THIRD PARTY BEFORE, DURING AND/OR AFTER AN EVENT, AND TIKS ASIA SHALL HAVE NO LIABILITY IN RESPECT OF ANY WARRANTY EXCLUDED IN (I) TO (V) ABOVE. YOU ACKNOWLEDGE THAT TIKS ASIA HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF ADVERTISED EVENTS, THE TRUTH OR ACCURACY OF THE CONTENT OR LISTINGS OF USERS (INCLUDING BUYERS, OTHER NON-ORGANIZERS AND ORGANIZERS), OR THE ABILITY OF ANY USER (INCLUDING BUYERS, OTHER NON-ORGANIZERS AND ORGANIZERS) TO EFFECT OR COMPLETE ANY TRANSACTION. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. Notwithstanding the foregoing, you may report to Tiks Asia the misconduct of users, buyers, other non-Organizers, Organizers and/or third parties in connection with the Site. Tiks Asia, at its sole discretion, may investigate the complaint and take appropriate action.

ARTICLE 9 - LIMITATION OF LIABILITY

IN NO EVENT SHALL TIKS ASIA BE LIABLE UNDER ANY THEORY OF LAW, WHETHER IN TORT, CONTRACT OR OTHERWISE, CONCERNING THE SERVICES OR ANY OTHER SUBJECT MATTER OF THESE TERMS AND CONDITIONS OF USE, FOR: (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TIKS ASIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (III) OR ANY MATTER BEYOND THE REASONABLE CONTROL OF TIKS ASIA. TIKS ASIA SHALL NOT BE RESPONSIBLE FOR YOUR CONTENT OR THE CONTENT OF ANY OTHER USER OF THE SITE. FURTHER, TIKS ASIA IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD-PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SITE, AND TIKS ASIA HAS NO RESPONSIBILITY FOR AND HEREBY DISCLAIMS, ANY LIABILITY ARISING FROM THE ACTS OR OMISSIONS OF ANY THIRD PARTY SERVICE PROVIDER. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

ARTICLE 10 - DISCHARGE

IN CONSIDERATION OF ALLOWING YOU TO ACCESS AND USE THE SITE, YOU HEREBY AGREE TO RELEASE TIKS ASIA AND ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS, OTHER PARTNERS AND EMPLOYEES FROM ANY AND ALL DAMAGES (DIRECT, INDIRECT, INCIDENTAL, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH DISPUTES BETWEEN YOU AND THIRD PARTIES (INCLUDING OTHER ORGANISERS, PURCHASERS AND OTHER NON-ORGANISERS) IN CONNECTION WITH THE SITE,

ARTICLE 11 - IMAGE RIGHTS

The Client expressly authorises Tiks Asia or the Organiser, by accepting these General Terms and Conditions and ticking the box provided for this purpose, to capture, during the filming of videos during the Event, his/her image and voice, to record and reproduce them as well as his/her surname, first name and pseudonym and to use them by the provisions set out below.

This authorisation covers in particular :

• Any use of videos and making them available to the public, via any existing or future electronic communication networks, and for all fixed or mobile reception screens;

• The use, in particular commercial use, of the videos on any site and in particular on the Site;

• The use of videos, images and sound on any video platform;

• The production and use of short programs derived from or extracted from the videos (in particular trailers, extracts, compilations, screen captures, etc.);

• Transcription and use of the audio from the video in text form (in particular as a PDF, e-book or book);

• The insertion of any advertising elements (banners, videos, etc.) within or in association with the videos;

• Translation of the above into any other language.

This authorisation is granted by the Client for ten (10) years from acceptance of these General Terms and Conditions by ticking the box at the time of ordering.

The videos and images may be exploited and used directly by Tiks Asia or the Organiser in any form and on any medium known and unknown to date, throughout the world, in full or in part.

Tiks Asia and the Organiser expressly undertake not to use the videos in any way that might infringe the privacy or reputation of the Client and not to use the videos and images in any way that is pornographic, racist, xenophobic or any other prejudicial.

The Client acknowledges and accepts that Tiks Asia and the Organiser may sub-licence, free of charge or against payment, all or part of these rights to its subsidiaries or any third-party company, subject to compliance with the agreed scope of exploitation and subject to its prior written agreement.

In any event, Tiks Asia and/or the Organiser remain the sole producers of the content and videos to which the Client has contributed and/or which emanate from a filmed event in which the Client has participated.

Exploiting the rights referred to in this article shall not be subject to any remuneration to the Client.

ARTICLE 12 - CONFIDENTIALITY

All information provided by the Client or collected by Tiks Asia in connection with Tickets is governed by Tiks Asia's privacy policy which is incorporated by reference into the Site. Tiks Asia strongly recommends that you read the Privacy Policy carefully. In addition, any information submitted or provided by the Client on the Site may be accessible to the public. You must protect private information or information that is important to you. Tiks Asia is not responsible for protecting such information and is not responsible for protecting the privacy of any e-mail or other information transferred over the Internet or any other network you may use. Please be aware that if you choose to disclose personally identifiable information, such information may become public information. Tiks Asia does not control and is not responsible for the actions of the Client or any other user (whether Organisers, other non-Organisers or others) of the Site.

ARTICLE 13 - FORCE MAJEURE

Tiks Asia may not be held liable for total or partial non-performance of the contract due to an act of God or an event of force majeure beyond its control, making it impossible to provide the services ordered.

The following circumstances are deemed to be cases of force majeure when they paralyse the performance of the contract: health crises such as Covid 19, strikes, labour disputes, lock-outs, shortages of raw materials, transport strikes, acts of God, insurrection, attacks, wars, destruction of manufacturing and production sites, acts of God such as earthquakes, fires and floods.

Performance of the contract is suspended for the duration of the force majeure event without any compensation. Tiks Asia will resume normal performance of the contract and will once again be bound by all the obligations contained therein, as soon as the disappearance of the force majeure event has been duly noted.

If the force majeure event lasts for more than sixty (60) days, Tiks Asia reserves the right to cancel any contractual link with the Client.

ARTICLE 14 - PARTIAL NULLITY

Should any provision of these General Terms and Conditions be invalidated for any reason whatsoever, such invalidation shall not affect the validity of the other provisions hereof.

ARTICLE 15 - APPLICABLE LAW

These Terms and Conditions are governed by the laws of the Hong Kong Special Administrative Region of the People's Republic of China.

Update: March 2024