Our goal is to make your search and purchasing experience as easy and efficient as possible. These Sales Terms and Conditions (“Sales Terms”) govern your use of XMTickets.com, our mobile application, purchases through our customer call center and your purchase of any product from XMTickets, (“XMTickets”). By using or visiting this site, or purchasing tickets in any manner from the XMTickets Marketplace, you expressly agree to abide and be bound by these Sales Terms, as well as all applicable laws, ordinances and regulations. You represent that you are legally able to enter into a binding contract. If you are under the age of 18, then you may only use this site or our customer call center in conjunction with, and under the supervision of, a parent or guardian.
Below you will find the full Sales Terms, which include but are not limited to, the specific items below that we are highlighting for you:
All orders placed on XMTickets.com or our customer call center must be confirmed by the respective seller before the Buyer Guarantee takes effect.
Ticket prices may be above “face value” listed on the ticket (they may also be below “face value”).
Confirmed orders may be filled with comparable or upgraded tickets if the original tickets are no longer available.
Refunds and Exchange
All sales are final; there are no cancellations, returns, or exchanges.
If an event is canceled, you will be given a full refund. If an event is postponed or rescheduled, and the original tickets are valid for entry at the time of the rescheduled event, your order will not qualify for a refund.
Our Buyer Guarantee provides for a full refund in the unlikely event that you do not receive valid tickets in time for you to attend the event.
XMTickets acts as a ticket marketplace. This means that we are an intermediary between ticket buyers and ticket sellers, allowing ticket buyers to find tickets for all their favorite live events. It also means that the XMTickets Marketplace is not the ticket seller and the listed tickets are not listed by XMTickets on behalf of any venue, promoter, team, league or organizing group. XMTickets does not represent any official organizer of the events listed.
Buyers may search XMTickets.com for a specific artist or team, event date or other search category. Each listing contains the event name, date, seat location, and price per ticket. Please note, the ticket price may be higher than the “face value” that appears on the ticket. The notes section of the listing, if present, highlights special characteristics of the tickets contained in the listing. Because you will have an opportunity to look at the tickets available for a particular event and determine which tickets to purchase, it is your responsibility to confirm any relevant details by contacting XMTickets. Ticket Listings do not purport to state the type of ticket and delivery method is not indicative of whether or not a ticket is hard stock or a PDF or any other ticket format. XMTickets does not guarantee the accuracy of any information provided by sellers on the XMTickets Marketplace.
Selecting and Purchasing Tickets
Once you identify the tickets you would like to purchase, and select them, you will be directed through the checkout process where you will enter your name and address, and provide payment information. You will also be able to review the ticket details, total order price, and service and delivery fees. The total order value will include a service and delivery fee that is added by XMTickets to the price of the tickets set by the seller. The service and delivery fees cover the costs of company operations, including connecting buyers to sellers with premium inventory to listed events, premium customer service, website improvements, and safe and secure checkout and delivery of ordered tickets.
By placing an order, you authorize XMTickets to charge your method of payment for the total order amount. Your order is then sent to the seller for confirmation. The seller will confirm the tickets are still available and you will receive notification that the tickets will be delivered. If you do not receive notification of ticket delivery, contact us at support@XMTickets.com for assistance. Upon seller confirmation, your method of payment will be charged.
All orders are subject to ticket availability. XMTickets will use commercially reasonable efforts to procure and timely deliver the exact tickets ordered. If those tickets are no longer available, XMTickets reserves the right to replace tickets with comparable or upgraded tickets, at XMTickets reasonable discretion.
For certain live events, we permit a limited number of pre-approved sellers to offer tickets for sale that they do not currently posses. These tickets are marked on the listing as “Zone Seating.” If you purchase zone seating, the seller is committing to obtain the tickets described for you upon receipt of your order. These tickets, like all tickets sold on this site, are backed by our 100% Buyer Guarantee. After you place your order and your order is confirmed, we guarantee that your tickets will be within the listed zone or section listed or one comparable and that you will receive these tickets in time for the event or your money back. Orders exceeding four tickets may be split up into different rows within the requested zone or section.
By placing your order, you authorize XMTickets to charge your method of payment for the total amount, which includes the ticket price and service and delivery fees. We accept Visa, Mastercard, Discover, American Express or any other payment mode. In the event that you dispute a charge and it is determined that the charge was valid and not the result of credit card or other payment fraud, XMTickets has the right to seek payment, including all associated fees, by whatever means necessary, including using collection agencies and legal proceedings. XMTickets may also mitigate its damages by relisting and selling the tickets that are the subject of the underlying payment dispute.
A large volume of tickets are listed on the XMTickets Marketplace and XMTickets makes every effort to prevent pricing errors. On rare occasions when pricing errors occur, XMTickets shall not be liable to the customer for this error. For the avoidance of doubt, if a ticket is subject to a pricing error, XMTickets may offer the tickets to you at the corrected price. If the corrected price is not acceptable to you, XMTickets will allow you to cancel your order.
Delivery of Tickets
Tickets may be delivered via Instant Download, Email, UPS, or Special Delivery for the charge stated during the checkout process. Some tickets are delivered by an alternative method which will be described at the time of checkout or in a subsequent email. For listings with no designated delivery method, tickets will typically be shipped by UPS. The delivery charge consists of the actual cost of delivery as well as a surcharge that supports XMTickets’ safe and secure ticket delivery, whether electronic, via shipping, or otherwise. Delivery method is not indicative of the type of ticket. Tickets in all forms, including hardstock and PDF, may be shipped via UPS.
Delivery will occur on or before the delivery date on the listing, regardless of delivery method. Special Delivery includes same day delivery and may include Will Call, onsite pick up at the venue, pick up from another designated location (typically within two (2) KMs of the venue, if possible), or messenger service. The exact delivery location for Special Delivery orders will be designated by the seller.
When tickets are shipped to you, it is your responsibility to confirm that the tickets delivered to you are consistent with the order you placed. You shall have forty-eight (48) hours from the time of delivery to report any inconsistencies between your order and the delivered tickets. XMTickets shall not be liable or responsible for any inconsistencies discovered after the 48 hour window has passed.
XMTickets reserves the right to change the delivery method, at its sole discretion, and may deliver tickets for any order up to the event start time listed on the tickets. If the delivery method changes at any time prior to delivery, XMTickets will not charge the buyer additional delivery fees. You must notify XMTickets if you do not receive your tickets within 48 hours of the event. If you do not timely notify XMTickets, you may not be eligible for a refund based on non-delivery of tickets. Photo ID or other verification may be required to accept delivery.
Tickets are typically delivered per this schedule unless the delivery date in the listing is a date in the future:
Instant Download – Within a few minutes of placing the order.
E-tickets – Within a few minutes of placing your order.
Shipped – Arrive in 1-3 business days from placing the order/at least one (1) hour before the scheduled event.
Special Delivery – at least one (1) hour before the scheduled event.
Ticket Holder Behavior Policy
Attendees to live events must abide by the rules and policies of the venue, promoter and anyone else responsible for the event. Failure to follow such rules and policies may lead to consequences against you or the seller or original ticket holder. If you or another person using the ticket you purchased from XMTickets fails to abide by those rules and policies, you are responsible for all applicable fines and legal or other expenses associated therewith. If you are asked to leave the event or you miss part of the event due to suspected or confirmed inappropriate behavior, you will not qualify for a refund. Further, should any violation result in the loss of the ticket seller’s season ticket rights or right to use any other tickets at that venue, or the right to purchase other tickets from that venue, you shall be held liable for all reasonable costs, expenses and losses associated with said loss including, but not limited to, all direct, indirect, vicarious, consequential, exemplary, incidental, special or punitive damages, including lost profits.
All Sales are Final
All sales are final. No refunds will be given for any reason other than cancellation of the event or failure to timely deliver valid tickets. This policy is necessary because of our status as a live marketplace. When a purchase is confirmed, the seller removes the associated tickets from the seller’s inventory. The pricing in the market also changes frequently and just as the seller is not permitted to decline to confirm an order in anticipation of the market going up, buyers are not permitted to return tickets or cancel an order due to the market price going down. A buyer may sell their tickets on the XMTickets Marketplace if, after purchase, the buyer decides not to attend the event subject to certain restrictions, in which case a buyer may sell the tickets by alternative means.
If XMTickets fails to deliver any ticket contracted for, then XMTickets’ sole obligation or liability shall be limited to refunding the buyer any payments made to XMTickets under this Agreement. XMTickets reserves the right to cancel and refund the buyer’s order at any time for any reason.
Cancelled and Postponed Events
XMTickets will refund the purchase price, including delivery charges, for canceled events. To qualify for a refund, the buyer must return their tickets to XMTickets within 2 weeks of notice from XMTickets that the event is deemed “Cancelled”. No refunds will be given without the original tickets, unless otherwise determined by XMTickets, in its sole discretion. XMTickets will determine when an event is canceled based upon the best information available. Postponed or rescheduled events will not be refunded.
Event date, times, venue and subject matter may change. We are not always notified if a show is postponed, rescheduled or canceled. It is the buyer’s responsibility to monitor the event and to confirm any changes to the event with the entity putting on the event. In certain instances, a venue, promoter, or any entity putting on the event will require a ticket holder to relocate his or her seat or otherwise change the seating configuration in a manner beyond XMTickets’s control. XMTickets shall not be held responsible for any such change and will not be obligated to provide a refund or any other compensation.
Denial of Admission
If you have difficulty gaining admission to an event, contact us immediately by calling +91 120 415 7511. If the issue you are experiencing is not resolved and you are denied admission, you must obtain proof from the venue verifying that you were denied entry and send that to XMTickets along with a statement describing the specific circumstances. XMTickets will provide you with a form to complete.
Upon receipt of the evidence and form, XMTickets will conduct an investigation. During that investigation, we will review the proof you submit and contact the seller. In the event that XMTickets determines that you were indeed denied entry, at no fault of your own, you will receive a full refund of the cost of the ticket including all fees and shipping charges, as the sole remedy. If the investigation results in a finding that you either did not attempt to use your tickets, you were granted entry, or your claim that you were denied entry has been found to be false, you will not be refunded and you may be subject to the consequences described below.
Lost, Stolen, or Damaged Tickets
Please keep your tickets in a safe place. XMTickets is not responsible for lost, stolen, damaged or destroyed tickets and will not refund your order if you cannot locate your tickets once they are delivered to you. As stated above, XMTickets is a Marketplace and not associated with any venue so we do not generate tickets and cannot reissue replacements. Please note that direct sunlight or heat can damage certain types of tickets.
We may, at your request, ask the seller to re-issue your tickets. If you would like us to submit this request, the payment method on file will be charged 15% of the order total for the re-issuance of your tickets (maximum of $200/INR 14500). If a re-issue is not possible, you will be refunded the re-issue fee.
Unlawful Activity; Acceptable Use
XMTickets prohibits the use of its Marketplace, website, or mobile application for unlawful conduct. All users must comply with all local, state, federal and international laws, ordinances and regulations. By using this site, you agree not to use any false personal information or use an invalid or unauthorized credit or debit card. You agree not to use or permit anyone to use information provided through XMTickets.com for any unlawful or unauthorized purpose.
We are the sole interpreter of this site’s intended and acceptable use. This site is intended to be used by individuals or companies seeking to buy or sell tickets for ultimate use by an individual to attend an event and for no other purpose. If you are a venue, promoter or anyone else responsible for controlling admission to an event, you may not access our site or purchase tickets on this site for purposes of (i) identifying tickets available on our site or the sellers of those tickets; or (ii) revoking or voiding any tickets offered by sellers on this site or otherwise penalizing any sellers for offering tickets on this site.
Investigations and Consequences
XMTickets monitors compliance with these Sales Terms and investigates alleged violations and other complaints against users. This includes any attempt to defraud, or otherwise harm XMTickets or sellers on the Marketplace. You are required to cooperate in such investigations including, but not limited to, providing any and all information requested.
Following an investigation, or for any other reason, XMTickets may, without prior notice, enforce certain consequences for violations of the Sales Terms, attempts to harm XMTickets and/or sellers on the Marketplace, or failure to cooperate with an investigation. Such consequences include but are not limited to:
Canceling confirmed orders
Issuing a warning
Suspending or terminating your account
Denying access to the XMTickets Marketplace
Rejecting pending orders
Blocking future transactions
Taking legal action such as filing civil or criminal charges, or seeking an injunction.
You agree that monetary damages may not provide a sufficient remedy to XMTickets for violations of these Sales Terms and that the damages and harm caused by such violation may lead to impaired good will, lost sales and increased expenses that are difficult to calculate. Accordingly, you consent to injunctive or other equitable relief for such violations.
XMTickets reserves the right to report to appropriate law enforcement authorities or other relevant third parties any activity that it believes, in its sole discretion, may in any way violate any local, state, federal or international law.
Intellectual Property Ownership
The site, including all site software, databases, trademarks, logos, service marks, proprietary information and materials (and any intellectual property and other rights relating thereto) (“XMTickets’ Property”) is owned by XMTickets and will remain the property of XMTickets. Users of this site acknowledge that they do not acquire any ownership rights by using the site. Users may not use any XMTickets’ Property in connection with any product or service that is not offered by XMTickets, in any manner that is likely to cause confusion with XMTickets’ business, or in any manner that disparages XMTickets. Nothing contained on the site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any XMTickets’ Property without the express written permission of XMTickets.
You agree to indemnify, defend and hold XMTickets, its parents, affiliates, licensors, suppliers, advertisers and sponsors, and their respective employees, consultants, agents and other representatives (“Indemnified Parties”) harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from: (a) your breach of any of these Sales Terms; (b) any allegation that any information you submit or transmit to the site infringe or otherwise violates the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (c) any federal, state, or county tax obligation or amounts due or owing under any tax regulation, law, order or decree or any dispute concerning the tax status of XMTickets; and/or (d) your activities in connection with your use of this site.
Disclaimers and Limitations on Liability
THE SITE, THE MATERIALS ON THE SITE AND ANY TICKET OR SERVICE OBTAINED THROUGH THE SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. XMTickets DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE MATERIALS, AND ANY TICKETS OR SERVICE OBTAINED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR USAGE OF TRADE. XMTickets DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. XMTickets IS NOT RESPONSIBLE IN ANY WAY FOR THE ACCURACY OR SUITABILITY OF ANY PAYMENT OF TAXES TO ANY ENTITY ON YOUR BEHALF. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
NEITHER XMTickets NOR ANY OTHER INDEMNIFIED PARTY ARE OR WILL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR LOST PROFITS). UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE MATERIALS ON THE SITE OR ANY TICKET OR SERVICE OBTAINED THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT XMTickets AND ANY OTHER INDEMNIFIED PARTY SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR: (I) ANY ACTION OF ANOTHER USER TO THE SITE; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, INCLUDING ANY CLAIM, CAUSE OF ACTION, OBLIGATION, LIABILITY, RIGHT, OR REMEDY WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF XMTickets; (III) ANY UNAUTHORIZED ACCESS; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (IV) ANY BUGS, VIRUSES, WORMS, DEFECTS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; (V) ANY ERROR, MISTAKE, INACCURACY OR OMISSION IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS AVAILABLE THROUGH THE SITE; AND/OR (VI) ANY LOST, STOLEN OR DAMAGED TICKETS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE MAXIMUM LIABILITY OF XMTickets, AND ANY OTHER INDEMNIFIED PARTY, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ALL DAMAGES, LOSSES SUFFERED BY YOU AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
XMTickets has the right, in its sole discretion, to modify, suspend or discontinue any part of this site at any time, with or without notice.
Changes in Terms and Conditions
XMTickets reserves the right, in its sole discretion, to change these Sales Terms at any time. If XMTickets changes any term or condition, said modification, revision and additional information shall be posted here and shall automatically replace the terms and conditions and become binding on all users of this site. Your continued use of the site following XMTickets’ posting of revised terms and conditions constitute your acceptance of the revised agreement.
Allocation of Risk
You acknowledge and agree that the foregoing disclaimers and limitations of liability represent bargained for allocations of risk and that the pricing and other terms and conditions of this agreement reflect such allocation of risk.