TERMS and conditions
1. INTRODUCTION
• By accessing and using this website, you accept, without limitation or any other qualification, these Terms and Conditions and understand that any other agreements between you and the Jazz in the Park organizer are subject in their entirety to these Terms and Conditions.
• The “Terms and Conditions” constitute the legal agreement between you, as a user/customer, and the Organizer. Before using this website, before entering into a contractual relationship with the Organizer, we recommend that you read these Terms and Conditions in advance. By accessing and visiting the website and purchasing tickets, you fully and unconditionally accept these Terms and Conditions.
• The Terms and Conditions may be amended at any time by the Organizer without prior notice. Changes and information on their validity will be posted on the official website https://jazzinthepark.ro/ for the information of users/customers. Therefore, please note that you should regularly refer to this policy to check its updated content.
• This policy covers the entire ecosystem of events offered by the Organizer, namely: the Jazz in the Park Festival, the Jazz in the Park Competition and other projects coordinated by the Organizer. This policy represents the general set of rules applicable, in certain situations there is however the possibility that the Organizer may establish specific operating parameters for a particular event, in which sense separate policies/actions will indicate which specific provisions are concerned. In the event that special/distinct regulations establish terms and conditions that differ from those in this policy, then the former shall take precedence.
2. DEFINITION OF TERMS
• Organizer – represents the Fapte Association, based in Cluj-Napoca, Donath str. nr. 192 ap. 12, Cluj County, with CIF: 31425230, represented by Alin Vaida, as executive director, or/and Beyond the Line Production Association, with registered office in Cluj-Napoca, str. Al. Vlahuță bl. Lama A, ap. 25, Cluj County with CIF: RO31425273, represented by Alin Vaida, as president, depending on the project/event concerned.
• Contract – means the remote contract concluded between the Organizer and the user, without their simultaneous physical presence, contract that is concluded at the moment of confirmation, on a durable medium (by email) by the Organizer of the completion of the transaction, namely the provision of the access ticket.
• Document – this Terms and Conditions Policy, which governs the relationship between the Organizer and the User and shall be interpreted in accordance with Romanian law. Any inconsistency or invalidity of any part or clause of this Document with other applicable legal provisions shall not affect the validity and legality of the other provisions of this Document.
• Product/Service – any service that can be provided in accordance with the law and that does not violate the limits imposed by these Terms and Conditions.
• Processing of personal data – see Privacy Policy.
• Transaction – means the operation whereby payment is processed for the purchase of the admission ticket or related services offered by the Organizer;
- • Customer – any natural person who has purchased a valid ticket to one of the Organizer’s events;
- • Visitor – any person accessing the website https://jazzinthepark.ro/;
- • Website – means the website https://jazzinthepark.ro/ and any section or subpage thereof. Websites and/or web pages or other components thereof belonging to third parties which are accessed by customers as a result of links or redirects available on the https://jazzinthepark.ro/ website are not subject to or covered by this definition.
3. CONDITIONS OF USE
• Access to and use of this website is in accordance with and fully subject to the provisions of this document and the adjacent policies, namely the Privacy Policy and the c-module Use Policy.
• By using this website you agree and implicitly accept the applicability of these provisions.
4. JAZZ IN THE PARK Festival
• The aim of the Jazz in the Park Festival is to promote quality music, creating a special context for the participating audience to listen to it, where the sound of music is in symbiosis with the energy of the place and the activities we provide.
• For the specific rules applicable to the Jazz in the Park Festival you can access the regulations using the following link: https://jazzinthepark.ro/regulament/. These rules, together with related policies, apply to all participants/visitors/volunteers etc. throughout the festival.
• By purchasing your ticket, you declare that you have read in full and accept the Jazz in the Park Festival Regulations as presented on the official website.
5. JAZZ IN THE PARK International Competition
• The aim of the International Jazz in the Park Competition is to promote emerging musicians and quality music by creating a special context for participating audiences to hear them.
• For the specific rules applicable to the International Jazz in the Park Competition you can access the rules using the following link: https://jazzinthepark.ro/regulament-concurs/. These rules, together with related policies, apply to all participants/visitors/volunteers etc. throughout the duration of the event.
6. COPYRIGHT
• The organizer retains full and complete title to the files, pictures and materials published on the website and all intellectual property rights arising therefrom.
• All trademarks and logos are owned by the Organizer and no person or entity has the right to copy or use them in any way.
• The use, taking over, copying or modification without the Organizer’s consent of any graphic/design/structural elements etc. present on this website is strictly prohibited. Any infringement of the rights of the Organizer and its Partners is subject to the law and will be dealt with by the entities authorized for this purpose.
7. PRIVACY
• The organizer will keep confidential any information of any nature that customers and visitors provide. The sharing of the information provided will only be possible under the conditions mentioned in the Privacy Policy.
• If for a specific purchase there are suspicions regarding data security or possible misuse of the site, or the use of false information/data, the Organizer will immediately take appropriate measures, with prior notification of the person concerned.
• The processing of personal data and the rules for their protection can be accessed here.
• The Organizer respects and protects the right to the protection of personal data of users/visitors of this website and is obliged to manage the personal data provided securely and only for the specified purposes.
8. ONLINE SALES POLICY
• For certain sections of the website, the Organizer offers the possibility to purchase tickets for the events it organizes (such as, for example, the section dedicated to the Jazz in the Park Festival – https://jazzinthepark.ro/acasa/). The sections of this policy dealing with the online sales policy apply only to those sections where the purchase of tickets and/or other services is available.
• All prices for services displayed on the website are expressed in lei (RON) and include VAT. The organizer reserves the right to change the prices displayed on the website at any time.
• The information used to describe the services available on the website (texts, images, multimedia presentations) does not constitute a contractual obligation for the Organizer and is used solely for presentation purposes.
• The contract between the Organizer and the User is considered concluded when the Organizer or its Partners confirm, on a durable medium (by email), the acceptance of the request sent by the Client, following the completion of the payment procedure.
• We recommend that you pay particular attention to the data you provide when placing your order.
9. PROCUREMENT PROCEDURE
• If the Organizer offers the possibility of purchasing tickets on its own website, interested parties may place orders on the website https://jazzinthepark.ro/ and complete the order by making payment using one of the methods expressly indicated.
• For the website https://jazzinthepark.ro/ all payments are made through the payment processor https://iabilet.ro/. In this regard, for payments made through IaBilet.ro specific rules apply which can be found here: https://jazzinthepark.iabilet.ro/terms/ro/.
• In the case of online payments, the Organizer is not and under no circumstances can be held responsible for any additional costs incurred by the purchaser, including but not limited to currency conversion fees applied by the bank issuing the card, if the currency of issue of the card differs from RON. The responsibility for bearing these additional costs rests solely with the purchaser.
• Please note that simply adding a ticket to your shopping cart does not automatically register your order. The order will be registered only after all the necessary steps have been
- completed, and the registration will be confirmed when the Customer receives the confirmation email containing all the information, details and specifications of the services added to the shopping cart, as well as the total costs involved.
- • Please also note that the Organizer and its partners will confirm your order using only the information you entered when placing your order. In this respect, we ask you to pay particular attention to the information you provide about your order in the steps prior to completing it.
- • For information on the right of withdrawal from the contract, refund of the price of tickets purchased and conditions of refund, please refer to the ticket sales policy accessible here: https://jazzinthepark.iabilet.ro/terms/ro/.
10. GUARANTEES. LIMITATION OF LIABILITY
• The Organizer shall be liable to the Client for all obligations assumed under the Contract and this Policy. Thus, please be advised that the Organizer may assign and/or subcontract certain services for the purpose of fully fulfilling all obligations to the Client without any information or consent of the Client.
• The Organizer shall not be held liable for any situations prejudicial to the Client resulting from the latter’s failure to comply with this Document and/or the applicable legislation in force.
• The Organizer cannot be held liable for any damage suffered by the Client, directly or indirectly, resulting from the non-use or incorrect use of the information presented on the website.
11. SECURITY
• Unauthorized operations such as misuse, fraudulent use, unauthorized access, modification, copying of information for commercial purposes, blocking access, etc. on this website will be punished according to the law.
12. USEFUL INFORMATION FOR USERS
• As a user, you understand and agree to the following information:
1. To receive occasional newsletters (emails) for informational purposes from the Organizer and its partners based on its offers, in accordance with its Privacy Policy (GDPR), to the extent that you opt-in to have your email address included in this functionality (with the ability to withdraw consent at any time in the manner set forth herein);
2. To receive occasional SMS messages for information purposes from the Organizer and its partners, in accordance with the Privacy Policy, for certain one-off campaigns (with the possibility of withdrawing consent at any time as set out here);
3. Provide true, accurate and complete information about yourself;
4. Maintain and update, where appropriate, your registration data to be true, accurate and complete.
5. It is prohibited to use https://jazzinthepark.ro/ in the following ways or for the following purposes: 1. In violation of the Terms and Conditions herein;
2. In violation, in any way, of applicable legal provisions or in ways that may lead to violation, in any way, of applicable legal provisions;
3. In any way acting on behalf of and for the account of another person, in particular by using false names, false email addresses, false telephone numbers, etc.
4. For promoting or concealing activities of an illegal or immoral nature;
5. To reproduce, in any way, the interface of the website in order to mislead users, customers or potential customers of this website;
6. To gain unauthorized access to data that our visitors or customers have voluntarily provided to us;
7. To introduce malicious programs or lines of code into the system;
8. To solicit illegal information, products or services, or to solicit information to cover up illegal activity;
9. To gain access to various sections or subsections of the site or products or services offered by us using illegal procedures.
- • As a user, you agree not to undertake the following activities:
1. Publish copyrighted material unless you are the author or have the author’s permission to publish such material;
2. Publish material that is obscene, defamatory, threatening or malicious towards another user, natural or legal person, material or information prohibited by the legal provisions in force;
3. Publish an image or statement that contravenes the legal rules in force or morality.
4. APPLICABLE LAW and JURISDICTION
• These Terms and Conditions and the use of https://jazzinthepark.ro/ are governed by the laws in force in Romania. In the event of any dispute arising in connection with the contractual relationship or resulting from or in connection with the conclusion, interpretation, performance or termination thereof, it shall be settled either by application to the competent courts of Romania.
• With regard to the SOL platform (online dispute resolution), present in the interface of this website, or the formulation of a complaint to the ANPC, we inform you that these two methods of amicable settlement of disputes are exclusively addressed to consumers.
