Terms of Services
Welcome to Lumia
Lumia ("the Platform," "we," "us," or "our") is a service provided by Tiqst Group ("the Company"). These Terms of Service ("Terms") govern your access to and use of the Lumia website, mobile application, and related services (collectively, the "Services"), which enable users to discover, explore, and purchase tickets for events and organizers to manage events and ticket sales.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICES. BY ACCESSING, BROWSING, OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.
1. Account Registration and Security
1.1. Eligibility: You must be at least 18 years old and possess the legal authority to enter into binding contracts to use our Services. By using the Services, you represent and warrant that you meet these eligibility requirements.
1.2. Account Creation: To access certain features, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate.
1.3. Account Security: You are responsible for safeguarding your account password and for all activities that occur under your account. You must notify Tiqst Group immediately of any unauthorized use of your account.
2. Scope of Service and Transactions
2.1. Role of Lumia: Tiqst Group acts as an intermediary platform between event organizers ("Organizers") and attendees ("Users" or "you"). We are not the creator, organizer, or owner of the events listed on the Platform. We facilitate transactions but are not a party to the agreement between you and the Organizer.
2.2. Ticket Purchases: All ticket sales are final unless otherwise stated. Prices are set by Organizers, not Tiqst Group. We are not responsible for any event changes, cancellations, or logistical issues, which are the sole responsibility of the Organizer.
2.3. Service Fees: By purchasing a ticket through Lumia, you agree to pay the face value of the ticket plus any applicable service fees, transaction fees, and taxes. These fees are charged by Lumia for the use of our platform and are non-refundable.
3. Intellectual Property
3.1. Platform IP: The Lumia platform, including its proprietary software, designs, graphics, logos, and all content compiled or created by Tiqst Group, is the exclusive property of Tiqst Group or its licensors and is protected by international intellectual property laws.
3.2. User Content License: By submitting, posting, or displaying content (e.g., reviews, photos, comments) on the Platform, you grant Tiqst Group a worldwide, perpetual, irrevocable, royalty-free, sublicensable license to use, copy, modify, and distribute such content for the purpose of operating, promoting, and improving our Services.
3.3. Restrictions: You may not use our trademarks, logos, or any content from the Platform without our prior written consent. You may not crawl, scrape, or spider any page of the Platform for any purpose without our express authorization.
4. User Conduct and Responsibilities
You agree not to:
· Use the Services for any illegal or unauthorized purpose.
· Violate any laws, third-party rights, or our policies.
· Interfere with the security or proper functioning of the Services.
· Use any automated system to extract data from the Platform.
· Sell, transfer, or commercially exploit tickets obtained through the Platform in violation of the Organizer's terms.
5. Disclaimers and Limitation of Liability
5.1. "As Is" Basis: THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TIQST GROUP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
5.2. Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY LAW, TIQST GROUP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT.
5.3. Cap on Liability: IN NO EVENT SHALL TIQST GROUP'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES YOU PAID TO TIQST GROUP IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.
6. Indemnification
You agree to defend, indemnify, and hold harmless Tiqst Group, its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt (including attorney's fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms; or (iii) your violation of any third-party right, including any intellectual property right.
7. Modifications to the Terms
Tiqst Group reserves the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms.
8. Governing Law and Dispute Resolution
8.1. Governing Law: These Terms shall be governed by and construed in accordance with the laws of the Democratic Republic of Congo.
8.2. Dispute Resolution: The parties shall first attempt to resolve any dispute informally. If the dispute cannot be resolved, you agree that any legal action or proceeding shall be brought exclusively in the competent courts of Kinshasa, and you hereby consent to the personal jurisdiction of such courts.
9. Termination
We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including a breach of the Terms.
10. Miscellaneous
10.1. Entire Agreement: These Terms constitute the entire agreement between you and Tiqst Group regarding the Services and supersede all prior agreements.
10.2. Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
10.3. Contact Us: If you have any questions about these Terms, please contact us at:
Tiqst Group
Kinshasa,RDC
Email:legal@tiqst.com (for legal notices) | info@tiqst.com (for general inquiries)
Phone:+243 972 554 544