Terms and Conditions

1. INTRODUCTION

Welcome to www.daviscupfinals.com. This site (the “Site”) is owned by KOSMOS GLOBAL TENNIS, S.L.

KOSMOS GLOBAL TENNIS, S.L., a limited liability company organized and existing under the laws of Spain, with NIF B66803289 having its registered office at calle Beethoven 15, 6, 08021 Barcelona (“Kosmos Tennis”).

Kosmos Tennis holds all the intellectual property rights and any other rights to the Kosmos Tennis site (the “Site”). Users (the “User” or “Users”) access and use of the Site are subject to these terms of use (“Terms of Use”).

Please read the Terms of Use carefully. Accessing the Site indicates that you have read and accept without reservation these Terms of Use. Any User that disagrees with all or part of these Terms of Use should not use the Site.

2. USER COMMITMENTS

The User agrees to (i) fulfill these Terms of Use, (ii) not use the Site in any way that could prevent, damage, or impair its proper operation or that of the assets or rights of Kosmos Tennis, other Users, or any third party.

Specifically, and without this restricting the previous section, the User agrees to fulfill the following commitments:

a) Not to enter, store, or disseminate through the Site any program, data, virus, code, or any other electronic or physical device that could harm them or any of the services, equipment, systems or networks of Kosmos Tennis, another User, or a third party.

b) Not to change, copy, download, modify, decompile, disassemble, reverse-engineer, grant licenses, lease, sell, or imitate the Site, its content, or its system software.

c) Not to enter, store, or disseminate by means of the Site any content that breaches third-party intellectual or industrial property rights or trade secrets, or any content it is not legally entitled to make available to third parties.

3. CLAIMS AND LIABILITY

Kosmos Tennis is not liable for (i) harm deriving from interference, omission, interruptions, computer viruses, malfunction, or disconnection in the operation of Users' electronic system or IT devices and equipment, due to causes beyond Kosmos Tennis's control, which prevent or delay navigation through the Site; (ii) delays or blocked use caused by problems or overloads on the internet or in other electronic systems; or (iii) the impossibility of providing the service or allowing access for reasons beyond Kosmos Tennis's control, caused by the User, third parties, or unforeseeable circumstances.

However, Kosmos Tennis declares that it has taken and will take, if necessary, all the measures required, based on its capability and the state of technology, to guarantee proper operation of the Site and avoid the presence and transfer of viruses and other harmful elements affecting Users.

Kosmos Tennis reserves the right to interrupt access to the Site, without giving notice, for technical, security, control or maintenance reasons, due to a failure in power supply, or for any other reason. Kosmos does not routinely monitor Users' use of the Site.

Kosmos Tennis is not liable for Users’ use of the content of the Site that might entail a breach of any national or international regulations, intellectual or industrial property rights, or any other third-party rights.

Kosmos Tennis is not liable for any errors or omissions in the content of the Site or other content that can be accessed through them. Nor is Kosmos liable for any harm derived from using the Site.

Kosmos Tennis does not guarantee the absence of viruses or other damaging elements that could harm or alter the IT system, electronic documents, or files of the Site Users. Therefore, Kosmos is not liable for any harm or loss those elements might cause the User or third parties.

4. INTELLECTUAL AND INDUSTRIAL PROPERTY

Kosmos Tennis is the exclusive owner of all intellectual and industrial property rights, and all the information on the Site (including information, texts, data, images, graphics, designs, source code, software, trademarks, navigation structures, databases, and any other content) or are reproduced on the Site with permission of the relevant rights owner.

Kosmos Tennis grants Users a non-exclusive, non-licensable, non-transferable license to use the Site. Users are only authorized to view and obtain a temporary private copy of the content for personal and private use on their IT systems (software and hardware), but they are not authorized to later transfer them to third parties. With the exception above, the User must not fully or partially modify or reproduce this information without Kosmos’s written permission.

These Terms of Use do not grant intellectual or industrial property rights, such as copyright, trademarks, designs, or other rights, over the Site or over any of their elements, except for the limited license for use granted to Users to use the Site under the conditions established in these terms.

Users must not reproduce, transfer, transform, distribute, publicly disclose, make available, extract, reuse, exploit, or use in any way, by any means or procedure, any of them, unless it is allowed by law or with Kosmos Tennis's written permission.

5. DATA PROTECTION

Kosmos Tennis will protect Users' personal data and will only use it to the extent permitted by law or with Users’ consent. Users can find more information on this in the Privacy Policy.

6. THIRD-PARTY LINKS

These Terms of Use apply only to Kosmos Tennis’s Site, and not to third-party links, sites, or applications accessed through it, or any other third-party service. Kosmos Tennis cannot control the information, content, products or services provided by third parties that have established links to the Site.

Kosmos Tennis offers Users these links, information and services only for the User’s benefit, and the User is responsible for reading and accepting the terms of use and privacy policies published on those Sites or related applications. Their inclusion on the Site does not imply that Kosmos Tennis approves of the linked Site.

Kosmos Tennis declares that it will immediately withdraw any link when the content it leads to may breach national or international law, or go against morality or public order.

7. FORUMS AND PUBLIC COMMUNICATION

A “Forum” means a chat area where the User transmit or submit material to the Site for display, and it is offered by a service provider of Kosmos Tennis.

When the User participates in a forum which is provided on a site other than the Site, the User shall be bound by the terms of use and privacy policy of the site they have linked to.

Once the User participates in any Forum within the Site, they shall not submit any material containing threats, offensive statements, a violation of rights of a third party, obscene language or images, commercial purposes of any kind, viruses or other harmful component or material that generally does not pertain to the designated theme of any chat room.

Kosmos Tennis reserves the right to remove or edit all contents from the Site Forum at any time and for any reason.

8. CHANGES TO THE TERMS OF USE

Kosmos Tennis reserves the right to change or update these Terms of Use at any time, as well as any information that appears on the Site.

9. COMMUNICATION

For purposes of these Terms of Use, any communication required between the User and Kosmos Tennis must be sent to info@kosmostennis.com.

10. NOTICE OF INCIDENTS AND POTENTIAL INFRINGEMENTS

Kosmos Tennis respects third-party rights and the applicable law. Users of the Site are also obliged to do so. If any technical incidences occur in the Site, or if any errors or inaccuracies are found in any sections, contact info@kosmostennis.com.

11. SEVERABILITY AND INTEGRATION OF CLAUSES

The unlawfulness, invalidity or non-effectiveness of any of the clauses of these Terms of Use will not affect the validity of the other provisions, provided the rights and obligations of the parties deriving from the Terms of Use are not affected in an essential manner. “Essential” refers to any situation that seriously damages either party’s interests, or affects the purpose of the Terms of Use. These clauses must be replaced with or integrated into others that comply with the law and fulfill the purpose of the replaced clauses. The parties waive any claim for harm and loss that may be filed in this scenario.

12. APPLICABLE LEGISLATION

Any dispute arising from these Terms of Use will be governed by the applicable state legislation.

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LEGAL CONDITIONS FOR PURCHASING TICKETS ON-LINE THROUGH THE WEB

www.daviscupfinals.com

You are formalizing a business transaction with Kosmos Global Tennis (Organizer) with CIF B66803289, and address in Calle Beethoven 15, Planta 6, 08021 from Barcelona.

You can contact our organization in the e-mail ticketing@kosmostennis.com or telephone number +34 938 071 458, during office hours.

In compliance with Article 10 of Law of Services of the Information Society and Electronic Commerce (Law 34/2002) we inform you that Kosmos Global Tennis is a limited company whose domain has been registered at the Registro Mercantil with the following information:   Escritura Constitución- nº 1.345 de Protocolo.  Inscripción el 07 Julio 2016, en Rº Mercantil de Barcelona, en el Tomo 45450, Folio 115, Hoja 488185.  Notario de Barcelona José Alberto Marín Sánchez

 

Ticket sales are considered to be made in our offices and buying a ticket constitutes acceptance of the general conditions at the time of purchase.

 

The following conditions of sale are intended to establish the terms and explain the details of the purchase of tickets by users who come to the acquisition by this means, and the rights and obligations associated with the tickets being purchased.

 

1. GENERAL CHARACTERISTICS

THE ORGANIZER offers anyone interested the opportunity to purchase tickets through the Internet to attend the various sessions of the Davis Cup Finals 2019. Internet users accessing the website of the organizer and in particular the section of ticket sales, voluntarily assume and agree to abide by the terms and conditions of the contract of sale, which are subject, and subsequently exposed.

 

2. EXECUTION OF THE SALE

From the moment the user purchases one or more tickets he/she will be referred to as "BUYER" and will be bound as such towards the Organizer, who holds the status of SELLER. The purchase made through the Internet by the Buyer and received by the Organizer, has the nature of a binding contract.

 

The Buyer must fully and correctly complete the data required and undertakes not to introduce third party data. Receipt of orders will be confirmed by the organizer, by email or by other means without delay, and since then the sale will be perfected and both parties forced to comply with this agreement.

 

3. GENERAL CONDITIONS GOVERNING THE SALE OF TICKETS THROUGH THIS SITE

The acquisition of tickets represents the acceptance by the Buyer of the following General Conditions:

 

A) The ticket has different security measures. However, the Organizer does not guarantee its authenticity if not purchased at one of the official points of sale. All tickets amended, broken, suspected of counterfeiting or illegally acquired give the Organization authorization to deny access to the person holding it. In these cases, if not allowed access to the site, the Organization accepts no responsibility whatsoever. It is a condition for admission to have full ticket and in good condition. The ticket must be kept until the user leaves the premises.

 

B) The number of tickets, price and location thereof, shall be selected by the buyer in the purchasing process and cannot be changed once the purchase has been finalized.

 

C) The purchase of tickets through the Organizer’s official website has a ticket printing service, which allows (i) to print the ticket at the moment of completing the purchase (downloading a pdf file), or (ii) save the file to the buyer’s computer for later printing. In exceptional situations, for technical reasons and / or security, the ticket printing service could be disabled, in which case the buyer will have to go to the Ticket Office at the venue, one hour before the start of the matches, to collect his/her tickets.

To proceed with the collection the Buyer shall submit to Ticket Office the following:

* The credit / debit card used for the purchase.

* The ID / passport of the credit / debit card holder

* The receipt of the purchase (order confirmation) sent by email.

 

D) Once the ticket has been purchased, it will only be changed or refunded if the event is cancelled, in which case the Buyer may request a refund within 15 days from the date of public announcement of the cancellation, as specified by the Organizer, and presenting, in any case, proof of purchase.  In case of cancellation, the ORGANIZER will only refund the ticket price, and will not be held responsible for other expenses such as, by way of example and without limitation, hotels, travel, meals, alimony, etc.

 

If the Buyer does not request his/her refund in the period established above, the Organization assumes that the Buyer renounces to his right for the refund and does not want it. In no case will refunds be made beyond these time frames.

The failure of the Buyer to attend the event through no fault of the Organizer and / or failure to purchase the tickets will not be valid reasons for requesting the refund of the ticket price.

 

E) The organizer reserves the right to change, if circumstances so require, the dates, times, programs or players announced, and also order the suspension of the event.

 

4. ACCESS CONDITIONS AND PERMANENCE IN THE TOURNAMENT’S VENUE

A) The organizer reserves the right to refuse admission. The legal age to attend this event unaccompanied is 16 years old. Anyone under this age must be accompanied by a responsible adult.

 

B) For security reasons, when entering the premises, attendees will be registered.  The following objects will not be allowed in the premises under any circumstances: objects that could be considered dangerous or prohibited by current safety regulations in public performances. The following conducts are prohibited and will be reason to deny access:

- The introduction of alcohol, weapons, instruments that can be used as such, sparklers, fireworks or similar objects.

 - The introduction and display of signs, symbols, emblems or slogans that might incite violence.

 - Being under the influence of alcohol, narcotics, psychotropic substances or similar substances.

 

C) The Organizer may deny access or remove the ticket holder from the premises in the event of breach of these conditions or in case of ignoring the indications made by staff members.

 

The denial of access or removal may also be carried out in the event that, rationally, it is considered that the ticket holder’s permanence on the venue means a risk or danger to the him/herself or to other people attending the event.  The ticket holder is responsible of his/her behavior and all the actions / omissions which he/her might do to third parties or to physical property.

 

D) The Organizer reserves all the image rights and intellectual property of the event.  The ticket holder acknowledges that he/her may appear in images taken within the premises by different media for further dissemination and promotional information and authorizes such use.

 

The people attending as audience may appear in footage taken by the media for the later purpose of news broadcasting or broad diffusion. Therefore, everyone in the public expressly agrees, free of charge, to the capture of any possible images and/or voice recording involving themselves that may take place in order to allow maximum exploitation of such footage through any means of communication, expressly consenting to all promotional and/or commercial use of all images captured. All the people in the audience understand that they are not entitled to any form of revenue or financial compensation for the broadcasting of their image, without any temporal limitation. Nor can the media chosen by the organisation be vetoed in any way during the event.

 

There is Video Surveillance in the entrance and therefore the ticket holder’s image will become part of a data base of the Organizer's responsibility for the purpose of access control and event security, and resolution of any possible incidents. The ticket holder is entitled to exercise on the treatment of their data access rights, rectification, cancellation and opposition to them before the Organizer.

 

5. THE USE OF PURCHASED TICKETS

A) The tickets purchased on this website should be guarded until the day of the event as if it were money. The buyer of the ticket or the person in whose name the ticket is personalized, assumes full responsibility in case of duplication, copy or counterfeit of it, losing all the rights it gives to access the venue.

 

B) The Organizer is not responsible for any lost or stolen tickets or lost or stolen personal belongings.

 

C) The purchase of tickets does not grant the buyer the right to use it, or its content, for advertising purposes, marketing or promotion (including contests, giveaways and / or drawings), except with express written consent from the ORGANIZER. The breach of this prohibition authorizes the Organizer the deactivation of the tickets and the beginning of many legal actions deemed appropriate for the claim for damages that such conduct may have caused to the organizer.

 

6. PERSONAL DATA AND PRIVACY POLICY

In accordance with the provisions of the EU Regulation - 016/679 of April 27, 2016 (RGPD) on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and other regulations in force in relation to the protection of the personal data; the data of the users who access this portal and acquire tickets, will be incorporated into the systems of Kosmos Global Tennis, with address at Calle Beethoven 15, Planta 6, 08021 of Barcelona, who is the ultimate responsible.

 

You can consult all the information related to the company’s privacy policy at the following link: https://www.daviscupfinals.com/privacy-policy 

7. LEGISLATION AND JURISDICTION

The purchase of tickets on this website is regulated by Spanish law. 

For any dispute that may arise in the execution of the sale, the parties must submit to the jurisdiction of the Courts and Tribunals of Barcelona city, renouncing to any other jurisdiction that may be applicable.

TENURE AND USE OF THIS ENTRY, YOU AGREE TO THE FOLLOWING CONDITIONS

1. Once purchased, the ticket cannot be exchanged or refunded.

2. The Organization reserves the right to change the program of the event.

3. We reserve the right to refuse admission.

4. The Organization is not responsible for tickets that have not been acquired in the official points of sale. Any ticket damaged, broken or with tamper evidence, authorizes The Organization to prevent access to the site.

5. The holder of the ticket will lose the rights once he/she has left the venue.

6. The access of objects that can be considered dangerous is not allowed by the Organization as well as using video recorders or cameras inside the venue.

7. The organization is empowered to permit/or not access to the site once the show has started.

8. Ticket must be kept until the end of the show.

9. The ticket cannot be used for any promotional or advertising, or resold without the permission of the organization.

Privacy policy

In accordance with Spanish Organic Law 15/1999, of December 13, in relation to the Protection of Data of a Personal Nature, data concerning the users that access this site, given their consent, will be included in an automated file that is the responsibility of Kosmos Global Tennis, whose domicile is Calle Beethoven 15, Planta 6, 08021 de Barcelona.

Users can voluntarily decide whether or not to provide their consent for the data that they supply of their own free will to be included in the file that is the responsibility of Kosmos Global Tennis, which is used to keep users informed, to offer them products and/or services

If the user is not willing for his or her details to be included in any files and later used for informative and commercial purposes, he or she simply has to check the box denying authority to include said data in any files. Should any user provide this authority but later decide to revoke that authority or make any modifications to the data supplied, he or she must send an e-mail to info@kosmostennis.com or write to the address of the party responsible for the file indicated above. The user reserves the recognized right to access, cancel, rectify or oppose any of their details, and reserves the right to be told how many times these details have been supplied to others, if at all.

Kosmos Global Tennis possesses the technical knowledge and means required for the processing of computer databases and the provision of certain services and possesses and employs the security measures required for proper data protection and security in accordance with the regulations established by Spanish Law 15/1999, on the Protection of Data of a Personal Nature.