IMPORTANT NOTICE: PLEASE READ THROUGH THESE TERMS CAREFULLY.

  1. MY FIESTA COOKIES POLICY

This Cookie Policy explains how cookies and similar technologies (collectively, “Cookie(s)”) are used when you visit our website. This policy outlines what these technologies are, why we use them, and your rights to control their use. Any change in this Cookie Policy will become effective when we make the revised Cookie Policy available on or through the Site. If you have any questions, please contact us by email at info@myFiesta.ca

What are Cookies?

A cookie is a small text file (often including a unique identifier), that is sent to a user’s browser from a website's computers and stored on a user’s computer's hard drive or on a tablet or mobile device (collectively, “Computer”). A cookie stores a small amount of data on your computer, about your visit to the Site. We may also use “web beacons” (also known as “clear GIFs” or “pixel tags”) or similar technologies on our Site to enable us to know whether you have visited a web page or received a message. A web beacon is typically a one-pixel, transparent image (although it can be a visible image as well), located on a web page or in an email or other type of message, which is retrieved from a remote website on the internet enabling the verification of an individual's viewing or receipt of a web page or message. 

A web beacon helps us to understand whether you visit our website from an online advertisement displayed on a third-party website, measure successes of email marketing campaigns, and improve our website performance. They may also enable us to relate your viewing or receipt of a web page or message to other information about you, including your personal information. In many instances, web beacons rely on cookies to function properly, and so declining cookies will impair their functioning. 

We place and access cookies on your computer; these cookies are known as “first-party cookies.” while cookies placed and accessed by some of our third-party vendors are known as “third-party Cookies” and are described below. Some cookies are "session cookies," which means that they are temporary cookies that are only stored on your device while you are visiting our Site. Other cookies are "persistent Cookies," which means that they are stored on your device for a period of time after you leave our Site. You can choose whether to accept cookies by changing the settings on your browser. However, if you disable this function (or keep this function disabled, as set by default by certain browsers), your experience on the Site may be diminished and some features may not work as intended.

What Cookies do we use?

Below we list the different types of cookies that are used on our Site. Any personal information is collected through first-party Cookies, our Privacy Policy applies and complements this cookie policy. Personal information collected through a third-party Cookie is subject to the privacy policy of that third party, and not our Privacy Policy.

Duration of cookies stored on your device

The duration of storage of cookies on your device may vary, depending on the category to which they belong: temporary or permanent.

How do I manage Cookies?

You may refuse or accept Cookies from the Site or any other website at any time by activating settings on your browser. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to sign in or use other interactive features of our Site that depend on Cookies.

 Information about the procedure to follow in order to enable or disable Cookies can be found at:

For more information about other commonly used browsers, please refer to http://www.allaboutcookies.org/manage-cookies/index.html. Please be aware that if cookies are disabled, not all the features of the Site may operate as intended. 

  1. CONSUMER TERMS AND CONDITIONS

These Terms of Use ("Terms") govern your access to and use of the services provided by myFiesta, an online event ticketing platform in Canada. Our services are accessible through the website https://www.myFiesta.ca/, mobile apps, and other platforms (collectively, the "Platforms").

myFiesta offers these Platforms as a service to:

  1. Visitors
  2. Event organizers who publish their events
  3. Individuals interested in purchasing tickets to these events using their cards

By accessing or using our Platforms, you (the "Customer") agree to be bound by these Terms, which constitute a legally binding contract between you and myFiesta. If you do not agree with any part of these Terms, you must not use our Platforms.

Scope of Services

myFiesta operates an event website hosting service. Our Platforms allow:

Agreement to Terms

By using our Platforms, you acknowledge that you have read, understood, and agree to be bound by these Terms. This agreement covers your use of all myFiesta's Sites and services, including any Customer websites hosted on our Platforms.

MODIFICATIONS

myFiesta reserves the right to change these terms and conditions from time to time at its sole discretion by posting such revised terms and conditions on its platforms. Customer's continued use of myFiesta platform following any such change constitutes an agreement to follow and be bound by the terms and conditions as changed. If a Customer does not agree with any part of the following terms and conditions, she/he must not use the Sites.

OUR SERVICE

myFiesta websites and domains, including myFiesta.ca, and all of the webpages, subdomains, country level domain variants and subparts of those websites (collectively, our "Site"), all of the services available on or through the Site or otherwise provided by us (including our application programming interfaces), and all of our free mobile applications, (collectively, the "Applications") are offered, maintained and provided by myFiesta. We refer to all of these as our "Services."

USE OF SERVICE

Your use of the Services and the related licenses granted hereunder are also conditioned upon your strict adherence to the letter and spirit of the various applicable guidelines detailed on the Services. We may modify such guidelines at our sole discretion at any time. We reserve the right to terminate your account and access to the Services if it is determined that you have violated any such applicable guidelines.

We grant you a limited license to access and use the Services for your personal use, and to copy, distribute, transmit and print the content of the Services only to the extent that such copying, distribution and transmission is automatically done through your browser software incidentally to using the Services for your personal use. This license does not include any resale or commercial use of the Services or any of its contents.

DESCRIPTION OF THE SERVICE

myFiesta presently provides online event ticketing platform services to event participants and organizers, allowing members to network and create business and personal relationships. myFiesta also provides value-added services through their website where event organizers will post their events and the general public can purchase tickets to the events using their cards. Our objective is to make your purchase experience simple, fast, and equitable so that you can get to live events as soon as possible.

MEMBERSHIP ELIGIBILITY

You must be 18 or over to register as a member of myFiesta or use our website. Membership is void where prohibited. Your membership registration for, or use of, the Service shall be deemed to be your agreement to abide by this Agreement including any materials available on the myFiesta website incorporated by reference herein, including but not limited to myFiesta privacy and spam policies.

ACCESS TO SERVICES

In order to access the Services, you must obtain access to the internet, and pay any service fees associated with such access. You must provide all equipment necessary to make such a connection to the internet, including a computer and modem or other access device.

YOUR ACCOUNT

Age Requirements

  1. You must be at least 18 years old or the legal age of majority in your jurisdiction to use the Services independently.
  2. If you are between 13 and 18 years old, you may only use the Services under the supervision of a parent or legal guardian who manages your use and/or account.
  3. If you are under 13 years old, you are not permitted to use our Services or provide any personal information.

Account Information

  1. You agree to provide true, accurate, current, and complete information about yourself or the entity you represent (the "Registration Data").
  2. You are responsible for keeping your Registration Data up to date and must promptly update it if any changes occur.

Account Ownership and Disputes

  1. In case of any dispute regarding account ownership, myFiesta will be the sole arbiter.
  2. myFiesta's decision in such disputes, which may include account termination or suspension, will be final and binding.

Authority and Representation

If you are using the Services on behalf of a company or other entity, you represent and warrant that:

Account Permissions and Third-Party Access

Account Security

Remember, the security of your account is crucial. We recommend using a strong, unique password and enabling any additional security features we may offer, such as two-factor authentication.

PRIVACY AND CONSUMER INFORMATION

Registration data and other information about you are subject to our Privacy Policy, which is incorporated herein by this reference. You understand that the technical processing and transmission of this Site and the Services may involve (a) transmission of your personal data over various networks; and (b) changes to your personal information in order to conform and adapt to technical requirements of connecting networks or devices.

HOW DOES THIS WORK?

Our objective is to make your purchase experience simple, fast, and equitable so that you can get to live events as soon as possible. myFiesta presently provides online event ticketing platform services to event participants and organizers, allowing members to network and create business and personal relationships. We usually sell tickets on behalf of the Event Organizer, but in some rare cases, we may possess a small number of tickets as part of our services contract with the Event Organizer. myFiesta will handle the transaction and collect money for the Event Organizer when you buy a ticket for an event.

If you acquire a resale ticket through our Site, you will be purchasing it from either (a) a reseller who is not an Event Organizer, such as other fans, season ticket holders, or professional resellers, or (b) the Event Organizer in certain situations. Tickets bought through unlawful sources, rather than directly from our Site, may be lost, stolen, or counterfeit, and are thus invalid. And we will not be liable for any loss or damage this may do to you. Therefore, we implore our Customers to directly purchase their tickets on myFiesta platform.

TICKET AVAILABILITY AND PRICES

As previously said, we only act as mediators to make your purchasing experience easy, quick, and equitable. We do not set ticket pricing or assign seating because Event Organizers typically set the face price of their tickets. Generally, tickets are offered through a variety of channels, including websites, apps, and box offices. Because most distribution sites have access to the same ticketing system and inventory, tickets for popular events may sell out rapidly. Prior to the event, extra tickets may become available. We do not, however, have control over this inventory or its availability.

In addition, we only help facilitate third-party ticket resale transactions but do not determine ticket prices or assign seating. Please remember that resale tickets are regularly advertised for sale on our website at higher prices than the original cost. As a result, the cost of resale tickets may be much more than the face value shown on the tickets.

FLUCTUATION IN PRICES

In addition, we cannot guarantee that you will be able to buy the tickets for the prices listed on our site or that such tickets will be accessible until Order Confirmation. Market prices are subject to change at any time before Order Confirmation. If a mistake is made while processing your order, we will inform you about it, provide a replacement when one is available, at no additional cost, or give you a refund. When your tickets come, please inspect them well, and if you have any issues with the tickets you were given, please contact us. The use of our services may be subject to fulfillment, shipping, service, or other costs. Even after you purchase your tickets, we can modify these costs at any moment.

ORDER PROCESSING AND CONFIRMATION

When a Customer places an order to purchase Tickets, that order shall be treated as an offer being made by that Customer to myFiesta to purchase the Tickets. Once an order has been placed, the Customer will receive an email from myFiesta acknowledging receipt of the order. myFiesta reserves the right to either accept or reject the offer. Any such offer is also subject to acceptance where appropriate by the relevant Event Promoter. myFiesta, in its absolute discretion, may cancel, delay or reject any order which:

An order by a Customer will be deemed as accepted when myFiesta sends the Customer an email confirming acceptance and/or when the Tickets are sent to the Customer via email. You must check your account to see if your order has been placed if you do not receive an Order Confirmation after providing the payment information or if you encounter an error message or service interruption after providing payment information. You are the only person who could be aware of any issues that might arise during the purchase process. If you assume that an order was not placed because you didn't get a confirmation, we won't be liable for any losses (financial or otherwise). However, you can still contact us for some help. The Customer and everyone who uses the purchased Ticket(s) agrees and consents to be photographed and/or filmed at the Event by purchasing Tickets to such Event, and myFiesta will not be liable for whatever you are faced with in the Event. Tickets can only be bought for individual use.

The Customer may not purchase tickets for any business or commercial activity. They may not be provided or sold for resale by anybody at a premium or for any other commercial purpose. This provision shall be deemed violated if it is not followed. Any tickets utilized in a way that violates these Terms may be canceled or seized by myFiesta. In addition, myFiesta will not be responsible for any losses of any kind that occur from a violation of this paragraph.

CUSTOMERS TICKETING RESPONSIBILITY

The Customer must always verify that each Ticket's information is accurate both when the order is placed and when the Tickets are delivered. However, the Customer must be able to, and will be responsible for;

FEES AND TAXES

Buying tickets on our site usually is subject to a per-ticket service fee and a per-order processing fee. You might occasionally be able to avoid paying our service charge by buying tickets directly from the venue's box office. A per-ticket service fee and an order processing fee are frequently charged for resale tickets. Some resale tickets are taxed in accordance with state and municipal rules; we either display the tax separately or include it in the total service price. Service charges and order processing charges could change. In addition, certain fees are meant, on average, to defray certain costs incurred by myFiesta, but may in some cases include an element of profit and in some cases include an element of loss. myFiesta does not control (and thus cannot disclose) fees levied by your bank and/or credit card company, including fees for purchasing tickets and registrations in foreign currencies or from foreign persons. Be sure to check with your bank or credit card company prior to engaging in a transaction to understand all applicable fees, credit card surcharges and currency conversion rates.

TAX AND SHIPPING FEE

As required by state and municipal laws, we collect tax. The tax might be shown either separately or as part of the overall service cost. In some cases, you might frequently be required to pay a shipping or delivery cost. Any shipping or delivery fees are computed based on the destination location and shipping method. Please be aware that the shipping price and the order processing fee might not accurately reflect the cost of delivering or processing your order. In some situations, these costs might even contain a profit for myFiesta.

TICKET TRANSFERS

If you wish to transfer tickets to an event you have purchased on myFiesta, in some instances myFiesta may be able to accommodate this for you. In all other instances, please contact the Organizer of the event to arrange for ticket transfer. If you are unable to reach the Organizer, or the Organizer is unable to arrange a ticket transfer, please contact us at info@myFiesta.ca.

LIMITS TO NUMBER OF TICKETS THAT CAN BE ORDERED

There is a limitation on the number of tickets you can buy for each event while using our site (also known as a "ticket limit"). This ticket limit is displayed during the purchasing process, and each transaction is confirmed. This rule is in place to prevent unethical ticket-purchasing tactics. Each account must be associated with a specific person and have accurate, verifiable information. It is not permitted to utilize multiple accounts to get around or go beyond the published ticket restrictions.

We reserve the right to cancel any or all orders and tickets without prior warning and suspend your ability to purchase tickets if you exceed or attempt to exceed the posted ticket restrictions. Tickets canceled because they exceed the specified ticket limit may be returned in full (excluding fees). This includes orders with the same name, email address, billing address, credit card number, or other details.

PAYMENT OPTIONS

Depending on the nature and type of service a Client elects, myFiesta offers different payment options. Payment in full is required before activating a ticket. No refunds will be issued after payments are completed.

REFUNDS

You can find help with getting a refund by reading our refund policy. 

FRAUDULENT CUSTOMER ACTIONS

myFiesta shall not be liable for any losses related to chargebacks, fraudulent charges or other actions by any Customer that are deceptive, fraudulent or invalid ("Fraudulent actions"). By using the Services, you release myFiesta from any liability arising from fraudulent actions. You will also use your best efforts to promptly inform us of any fraudulent acts that may affect the Service(s). myFiesta reserves the right in its sole discretion to terminate the account of any Customer who commits or allows any other Customer to perform fraudulent actions.

CANCELLATION, POSTPONEMENT AND RESCHEDULING

Notification Process

In the event of a postponement, cancellation, rescheduling, or relocation of an event, it is the responsibility of the Event Organizer to contact persons who have purchased tickets to their event. The Event organizer will provide updates on the situation and inform customers about options for credits, and exchanges.

Staying Informed

To get the most up-to-date information on an event's status, we recommend checking the event details online and reviewing your account information regularly. Our customer support team is also available to provide specific instructions regarding any changes to an event.

Additional Costs

Please note that myFiesta is not responsible for any additional costs you or anyone else may incur due to a postponed, moved, canceled, or rescheduled event. This includes, but is not limited to, travel expenses, accommodation costs, or time off work.

Refund Process

Our refund policy varies depending on the initiator of the cancellation:

  1. Event Organizer Cancellations: If an event is canceled by the organizer, Event Organizer shall refund the full ticket price, including service charges, to ticket holders.
  2. User-Requested Refunds: If a ticket holder requests a refund for reasons other than event cancellation, service charges will not be returned. In such cases, the ticket holder should provide reasons for the refund request.
  3. Refund Request Timing: Refund requests can only be made not later than 48 hours before the event start time. Requests made after this window will not be processed.

Note for Event Organizers

Event organizers should be aware that they are solely responsible for covering the Stripe service fees during the refund process upon cancellation of an event. These fees will not be deducted from the refund amount provided to ticket purchasers.

Commitment to Customer Satisfaction

While we strive to minimize disruptions, we understand that changes to events can be inconvenient. Our team is committed to assisting you through any event alterations and ensuring you have the information needed to make informed decisions. We appreciate your patience and understanding during these situations.

ASSUMPTIONS OF RISK BY YOU

As the consumer, kindly note that myFiesta is not the creator, organizer or owner of any events listed on the Services. Rather, myFiesta provides its Services, which allow Organizers to manage ticketing and registration and promote their events. The Organizer is solely responsible for ensuring that any page displaying an event on the Services (and the event itself) meet all applicable local, state, provincial, national and other laws, rules and regulations, and that the goods and services described on the event page are delivered as described and in an accurate satisfactory manner.

Consumers must use whatever payment processing method the Organizer selects. If an Organizer uses myFiesta Payment Processing, then myFiesta also acts as the Organizer's limited agent solely for the purpose of using our third party payment service providers to collect payments made by Consumers on the Services and passing such payments to the Organizer.

THIRD-PARTY WEBSITES

This website may link to, or be linked to, other websites not maintained by or related to myFiesta. Such links are provided only as a service to our visitors. myFiesta is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked or linking website. myFiesta has not reviewed all such websites and is not responsible for the content, accuracy, or policies of any such websites. You link to any other pages or websites at your own risk, and your use of such websites will be controlled by the terms of use posted on that site. You should review the terms of use of any website to which you navigate.

TRADEMARKS

myFiesta name and logo and all other related names, design marks, product names, feature names and related logos are trademarks of myFiesta and may not be used, copied or imitated, in whole or in part, without the express prior written permission of myFiesta. In addition, the look and feel of the Service (including all page headers, custom graphics, button icons, and scripts) constitutes the service mark, trademark and/or trade dress of myFiesta and may not be copied imitated or used, in whole or in part, without the express prior written permission of myFiesta.

COPYRIGHT POLICY

The information and materials contained in or presented through the Website and Website Service, including but not limited to text and images herein (excluding certain images licensed from third parties) and their arrangement are © copyright 2022 by myFiesta. The information and materials contained on the platform/Service may not be copied, displayed, distributed, licensed, modified, published, sold, used to create derivative work or otherwise used for public or commercial purposes without the express written permission of myFiesta.

MOBILE APPS

Application updates: You acknowledge and agree that from time to time we may develop patches, bug fixes, updates, updates, and other changes to improve the performance of our mobile applications and the Service. You accept that these updates can be installed automatically without further notice or receive any additional consent from you. If you do not want these updates, your solution is to stop using the corresponding application. You acknowledge that you may need to install updates to use our applications and agree to quickly install any update provided by myFiesta if the update is not installed automatically. By continuing to use an application after an update, you renew your consent to these Terms of Service.

Text and Push Messaging Express Consents: By providing us with your mobile telephone number and consenting to receive content- and marketing-related messages from myFiesta and our partners when you register for a myFiesta Account, you expressly agree that we may communicate with you regarding an applicable app or the Service generally by SMS, MMS, text message, push notification or other electronic means directed to your mobile device and that certain information about your usage of the app may be communicated to us. We may also share your mobile telephone number with certain of our partners in accordance with our Privacy Policy. We may charge for certain text messaging services, and standard messaging, data and other fees may be charged by your wireless service carrier. In the event that you provide us with a mobile telephone number, you agree to notify us promptly of any changes or deactivations of that number to ensure that messages are not sent to the person who acquires their previous number.

Electronic Notice: By using the Service, you agree to communicate electronically by email regarding security, privacy and administrative issues related to the use of the Service. If we notice a breach of the security system, we may attempt to notify you electronically by posting a notice on the Service or by sending you an email. You may have the legal right to receive this written notice. To receive free written notice of a security breach (or to withdraw your consent to receive an electronic notice), notify it (email).

MONITORING

We will have the right, but not the obligation, to monitor the content on this platform to determine compliance with these Terms of Use and other operating rules that we may establish from time to time. We will have the right, in our sole discretion, to modify, refuse to publish, or delete any material posted or published on the Sites. Without limiting the preceding, we will have the right, but not the obligation, to remove any content which, in our sole discretion, we believe violates the provisions of this document, which otherwise would be unacceptable or obsolete. Despite this our right, Customers will remain solely responsible for any of their content. You admit and agree that neither we nor any of our affiliates will assume or have any responsibility for any action or omission on our part concerning any conduct within the platform or any communication or publication on the myFiesta platform.

FEEDBACK

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services ("Feedback"). Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

NO WARRANTY

myFiesta makes all commercially reasonable efforts to ensure that all material, information and data on this website is accurate and reliable; however, accuracy cannot be guaranteed. This website is provided by myFiesta on an “AS IS'' basis. myFiesta makes no warranty or representation regarding the results that may be obtained from use of this website, or use of material, information or data downloaded or otherwise obtained from this website, or regarding the accuracy or reliability of any information obtained from this website. myFiesta does not warrant or guarantee (1) the accuracy, completeness, correctness, timeliness, or usefulness of this website or any material, information or data downloaded or otherwise obtained through use of this website or (2) that use of this website or any materials on this website will meet any Customers requirement or be uninterrupted, timely, secure or error-free. myFiesta shall have no responsibility for the timeliness, deletion, misdelivery or failure to store any Customer communication.

You acknowledge and agree (1) that your use of myFiesta is at your own discretion and risk, (2) that use of any material, information or data downloaded or otherwise obtained through the use of this website is at your own discretion and risk, and (3) that you are solely responsible for any damage to your computer system for loss of data that results from the download of such material, information or data, and for any other form of damage that may be incurred. myFiesta does not warrant or guarantee that files or other materials and information available through this website will be free of infections, viruses, worms, Trojan horses or other code that could be harmful to your computer system. None of the parties involved in creating, producing, or delivering this website or its content, including without limitation myFiesta, shall be liable to Customers of this website for any damage resulting from use of this website or use of material, information or data downloaded or otherwise obtained from this website, nor are such parties in any way responsible for the conduct of Customers of this website or for information posted or exchanged on this website.

NO LIABILITY

During an event, anything could fly into the viewing area. Injury may happen regardless of spectator protection. Prior to, during, and after the play or performance, stay vigilant at all times. Ask an usher for directions to a medical station immediately if you are struck. In no event shall myFiesta or any of its officers, representatives, directors, employees, consultants or agents be liable for any direct, indirect, punitive, special, incidental, exemplary or physical or consequential damages or any damages whatsoever (including without limitation, damages for loss of use, data, information, profits, proceeds, opportunity, or business interruption) arising out of or in any way related to the use or performance of this website or any linked website or to any material, information, data, products, or services obtained through this website, or otherwise arising out of your use of this website, your inability to use this website or any decision made or action taken by you in reliance of any information, advice or materials provided on this website, whether such damages are based in tort, contract, negligence, strict liability or otherwise, even if myFiesta has been advised of the possibility of such damages. Your sole and exclusive remedy is to discontinue your access to and use of the website.

INDEMNITY

You agree to indemnify, defend and hold harmless myFiesta and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

LIMITED LICENSE

The content on myFiesta.ca and the mobile App, (Collectively known as “services or platform”) including without constraint, the materials, data, text, software, code, scripts, graphics, photos, interactive features and the likes, as well as the trademarks, service marks, and logos (collectively, the "Content"), are held by or licensed to myFiesta unless expressly disclaimed and are subject to copyright, trademark and other intellectual property rights under the law.

Subject to these Terms of Use, myFiesta grants you a limited right to view, access, and display the Content within its platform for personal use only. This grant of rights to you is limited in duration and scope. The grant is not transferable, nor is it exclusive. myFiesta may terminate the grant, in whole or in part, for any reason and at any time with or without notice. This grant is also dependent on your agreement not to interrupt or attempt to interrupt the operation of the myFiesta platforms. You may download the Content only for the purposes stated above.

This license is not a transfer of title in the Content or any copies of the Content and is subject to the following restrictions:

PERMISSION AND RESTRICTIONS

myFiesta hereby grants you permission to access and use their service as set forth in these Terms of Use, provided that:

You also agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," or similar devices that can access myFiesta services in a disruptive manner, sends more request messages to the servers in a given period of time than a human can reasonably produce in the same period of time using a conventional on-line web browser, or comb the platform using automated devices for the purpose of displaying the platform’s content on any other website.

Notwithstanding the foregoing, myFiesta grants the operators of public search engines permission to use spiders to reference or link to materials on its website or mobile app for the sole purpose of creating publicly available searchable indices of the materials. As with all provisions of these Terms of Use, myFiesta reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including Customernames, from the website, or app, nor to use the communication systems provided by the myFiesta (e.g. comments, email) for any unlawful purpose.

In your use of myFiesta service, you will otherwise comply with the terms and conditions of these Terms of Use and all applicable local, national, and international laws and regulations. However, you accept that myFiesta reserves the right to discontinue any aspect of their service at any time.

AVAILABILITY ERRORS AND INACCURACIES

We regularly update our services ("service") on our site. The services described and/or available on our website or app may be incorrectly evaluated, incorrectly described, or unavailable, and we may experience delays in updating the information about the service and our advertising on another platform. We cannot guarantee the accuracy or perfection of any data, including prices, products, details, accessibility, and services. We hold the right to modify or update information and correct any errors, inaccuracies, or omissions at any time without notice.

MISCELLANEOUS

Our failure to enforce any part of these Terms will not constitute a waiver of our right to later enforce that or any other part of these Terms. No oral waiver, amendment or modification of these Terms will be effective. If any provision of these Terms is found to be unenforceable, that part will be limited to the minimum extent necessary and the other provisions of these Terms remain in full force and effect. Section titles in these Terms are for convenience and have no legal or contractual effect. No independent contractor, agency, partnership, joint venture or other such relationship is created by these Terms. We may freely assign any of our rights and obligations under these Terms.

ENTIRE AGREEMENT

This Agreement, together with any amendments and any additional agreements you may enter into with myFiesta in connection with the Service, shall constitute the entire agreement between you and myFiesta concerning the Service.

GOVERNING LAW

This Agreement will be governed and interpreted in accordance with the laws of Canada applicable to transactions entered into and performed entirely within Canada between Canadian citizens.

CONTACT US

Questions about the Terms of Service should be sent to us at info@myFiesta.ca

  1. MY FIESTA PRIVACY POLICY

This privacy policy ("Privacy Policy") describes the types of information myFiesta ("we," "us" and "our") may gather or collect from or about you or that you may provide when you visit our websites and mobile apps (collectively, the "Site") and our practices for collecting, using, maintaining, protecting and disclosing that information. This Privacy Policy applies to your information we collect on the Site and in email, text, and other electronic messages between you and us or provided by third parties.

When this Privacy Policy uses the term "Organizer" we mean event creators using the Services to create events for consumers using our Services (a) to consume information about, or attend, events ("Consumers"), or (b) for any other reason. Organizers, Consumers and third parties using our Services are all referred to in these Terms collectively as "Users", "you" or "your".

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. Occasionally, this Privacy Policy may be modified. The procedures for modifying or changing this Privacy Policy in the future are discussed in the “effective date and update to the privacy section” Section ("Effective Date and Updates to This Privacy Policy").

AGE RESTRICTION

Our site is not primarily for children under the age of 18. We do not purposely gather personal data from children below the age of 18. If you are under 18, do not use or provide information on this site. If we find that we have collected or received personal information from a child under 18, we will delete their information. If you believe we may have some information about a child under the age of 18, kindly contact us via our email addresses info@myFiesta.ca

TYPES OF INFORMATION WE COLLECT 

We collect various types of information from and about users of the Site, including information:

among which you can be individually identified, such as name, postal address, e-mail address, telephone number, credit card number and any other identifier through which you can be reached online or offline ("personal information");

PERSONAL DATA THAT WE COLLECT

When you use or interact with us through the website or engage with myFiesta as a customer, user, event organizer or prospect, we may collect Personal Data. Sometimes this will be on our own behalf and other times this will be on behalf of an Organizer using our Services to run an event. This is an important distinction for purposes of certain data protection laws and is explained in more detail below.

INFORMATION PROVIDED BY USER

The information we collect from you, including personal information, may include the following:

INFORMATION THAT WE AUTOMATICALLY COLLECT

When you interact with the site, we may use data collection technologies such as cookies, web beacons, web server log files, mobile analysis software or other tracking technologies to collect certain information about your equipment, actions and browsing patterns, including the following:

Although the information we collect through these tracking technologies may not always be personally identifiable when received, we may combine this information with personally identifiable information such as your name or email address. We may also use these technologies to collect information about your online activities over time and on third-party websites or other online behavior monitoring services. See below for more information on how we can collect information about you from third parties. The information we collect helps us to improve the site to offer better and more personalized services.

INFORMATION WE COLLECT FROM THIRD PARTIES

We collect information from third parties regarding the operation of our services. For example, we can offer you an option to create an account and access the site using your account credentials through specific third-party social networking sites ("SNS") such as Facebook, Gmail and more. If you choose to register or use the website using an account already in possession of an SNS, we may obtain your information from the corresponding SNS under your agreement with that SNS. The information we collect may depend on the privacy settings you have with the applicable SNS, so you should check your privacy and data practices. We also collect and receive information about you from third parties, including websites that publish our advertisements and offers, as well as other online and offline sources, and we can combine that information with additional information you provided. We may integrate this information with data from other sources, including offline data, browsing behavior on other websites, and interactions with our advertising.

INFORMATION COLLECTED FROM ORGANIZERS

If you are an Event Organizer, we will collect additional Personal Data from you. Information you provide to us: In some cases, we may collect your credit card information (e.g., your credit card number and expiration date, billing address, etc.), your bank information some of which may constitute Personal Data, to secure certain payments. In addition, if you use our payment processing services, we will collect financial information from you (e.g., your bank account information, an email to send your payment, or an address to send checks) as necessary to facilitate payments and information required for tax purposes (e.g., your taxpayer identification number).

INFORMATION COLLECTED FROM CONSUMERS

If you are a Consumer we will collect additional Personal Data from you, sometimes for our own purposes and other times on behalf of an Organizer;

  • Information you provide via myFiesta Properties or Applications: If you register for and purchase ticket to a paid event, you will provide financial information (e.g., your credit card number and expiration date, billing address, etc.) some of which may constitute Personal Data. In addition, Organizers can set up event registration pages to collect virtually any information from Consumers in connection with registration for an Organizer's event listed on the Services. myFiesta does not control an Organizer's registration process nor the Personal Data that they collect. When you register for, or otherwise provide information to myFiesta in conjunction with an Organizer event or activity, whether that information is yours or a third party, in connection with a purchase, registration, or transfer, that Organizer will receive and may use the information you provide.

HOW WE USE THE INFORMATION

We may use the information we collect about you or that give us as follows:

DISCLOSURE OF INFORMATION

We may disclose the information we collect from you or that you provide to us as described below:

We may also disclose your information:

YOUR OPTIONS

We value your privacy and are committed to providing you with options related to managing the personal information you provide to us. Here's how you can check your information:

DATA DELETION REQUEST 

Both Organizers and Consumers can request delete their Personal Data stored by us. If a Consumer initiates a data deletion request, myFiesta is authorized to delete Personal Data of the requesting Consumer from the Services even if that means removing its availability to the Organizer through the Services. However, if you are a Consumer, you understand that even if myFiesta deletes your Personal Data upon your request or pursuant to this Policy, your Personal Data may still be available in the Organizer's own databases if transmitted to the Organizer prior to myFiesta receiving or taking action on any deletion activity.

DATA RETENTION

We may retain your Personal Data as long as you are registered to use the Services. You may delete your account by sending us a message. However, we may retain Personal Data for an additional period as is permitted or required under applicable laws. Even if we delete your Personal Data it may persist on backup or archival media for an additional period of time for legal, tax or regulatory reasons or for legitimate and lawful business purposes. For sales customers and prospects, we retain your data as long as we maintain a relationship with you and for a limited period of thereafter as necessary to meet business and legal requirements.

DO NOT TRACK

As of right now, we are not a part of any "Do Not Track" frameworks that would enable us to react to signals or other tools provided by you about the collecting of your Personal Data.

DATA SECURITY PROCEDURES

We have implemented security measures to help protect against the loss, misuse, or unauthorized alteration of the information provided or collected. We use online and offline security methods, including firewalls, passwords, and limited physical access to the servers where your data is stored. The safety of your data also depends on you. You are the only user entitled to update your account except you provide your login details or password information to a different party. We assume that anyone with the password information required for your account is you, therefore, keep this information confidential and not share it with anyone.

Unfortunately, it is not possible to guarantee that any security system is 100% secure. At myFiesta we do our best to protect your personal data, but we cannot assure the security of your data. You agree and accept that any transmission of your data is at your own risk. We are not responsible for circumventing the privacy settings or security measures contained on the Site.

INFORMATION TRANSFER

We may transfer your information outside Canada where we have facilities or hire third parties, such as payment processors, or other IT service providers.

EFFECTIVE DATE AND UPDATES TO THIS PRIVACY POLICY 

This Privacy Policy will be effective from the date you commence your use of our website. We hold the right to modify this Privacy Policy at any time by posting an updated Privacy Policy. 

We recommend that you check this page frequently for updates and revisions and update your email address if it changes. We will notify you by e-mail of any important revision of the privacy policy if you provide us with an accurate and updated e-mail address. You will be asked to click to accept the revised privacy statement before you can continue using the site. You will not be allowed to continue using the Site unless you accept the revised Privacy Statement.

CONTACT INFORMATION

Your privacy is important to us. For any inquiries about any of the provisions described above, please contact us at info@myFiesta.ca.

  1. MY FIESTA REFUND AND CHARGEBACK POLICY

Organizer

Consumer

INITIATING A REFUND REQUEST

After five (5) days have passed since the Consumer's refund request, if the system failed to refund the money or denied it, myFiesta may, at its sole discretion, process the refund again until it has been received by the consumer.

REFUND POLICIES

In the event that the system fails to pay a refund; The applicable refund policy and/or the minimum requirements outlined above honor a refund that a Consumer believes is due or fulfill its promise to make good in connection with a credit or other accommodation issued to the Consumer, and the Consumer may request that myFiesta initiate a refund by getting in touch with us at info@myFiesta.ca. myFiesta will evaluate the relevant facts and circumstances and, in its sole discretion, decide whether or not the consumer deserves to be refunded. myFiesta will make an effort to finish its review within forty-five (45) days of the customer's contact. myFiesta must be able to effectively process the refund to the Consumer's credit card account used for the original transaction if all other requirements are satisfied. myFiesta will be unable to finish the refund to the Consumer if the bank that issued their credit or debit card rejects the refund. myFiesta will make all decisions about these Refund Policy Requirements, including without limitation the orders that will be returned and the amount of any refund, in its exclusive discretion. These decisions will be final and binding on both the Organizer and the Consumer.

REFUND POLICIES MUST BE FAIR AND REASONABLE

Suppose a refund policy is not publicized or does not adhere to the minimum standards outlined above. In that case, myFiesta may (but is under no obligation to) change it to comply with the standards. Such revision may be made by either applying the modified terms retroactively at the time of a dispute, chargeback and/or refund request.

NO GUARANTEE

These conditions for the refund and chargeback procedures are not intended to be, and they in no way imply, that any organizer's performance will be guaranteed or assured. Additionally, they do not imply a guarantee that refunds will always be given under any circumstances..

  1. ORGANIZERS AGREEMENTS; TERMS AND CONDITIONS

 

This document (these “Terms of Use”) describes the terms under which myFiesta, an online event ticketing platform in Canada ("myFiesta") offers each individual, user, or entity (hereinafter, “Event Organizers”) access to its Services through the website https://www.myFiesta.ca/ (“services”). myFiesta maintains this website as a service to; its visitors, event organizers to publish their events for interested individuals to purchase their tickets to the events using their cards, via the website, mobile apps and services (collectively, the "Platforms"). Please review the following terms and conditions carefully. This Terms of Use Agreement (the "Terms of Use") is a legally binding contract between each User and myFiesta regarding Users' access to and use of my event Site and Customer's websites (collectively, the "Sites"). By accessing the Sites, the User agrees to the terms and conditions as outlined in this legal notice. 

MODIFICATIONS

myFiesta reserves the right to change these terms and conditions from time to time at its sole discretion by posting such revised terms and conditions on their platforms. User's continued use of myFiesta platform following any such change constitutes an agreement to follow and be bound by the terms and conditions as changed. If a User does not agree with any part of the following terms and conditions, she/he must not use the Site. However, Event organizers using our platform to promote their events, are advised to publish a copy of this agreement on their website at all times.

OUR SERVICE

myFiesta websites and domains, including myFiesta.ca, and all of the webpages, subdomains, country level domain variants and subparts of those websites (collectively, our "Site"), all of the services available on or through the Site or otherwise provided by us (including our application programming interfaces), and all of our free mobile applications, (collectively, the "Applications") are offered, maintained and provided by myFiesta. We refer to all of these as our "Services."

USE OF SERVICE

Your use of the Services and the related licenses granted hereunder are also conditioned upon your strict adherence to the letter and spirit of the various applicable guidelines detailed on the Services. We may modify such guidelines at our sole discretion at any time. We reserve the right to terminate your account and access to the Services if it is determined that you have violated any such applicable guidelines.

We grant you a limited license to access and use the Services for your personal use, and to copy, distribute, transmit and print the content of the Services only to the extent that such copying, distribution and transmission is automatically done through your browser software incidentally to using the Services for your personal use. This license does not include any resale or commercial use of the Services or any of its contents.

DESCRIPTION OF THE SERVICE

myFiesta presently provides online event ticketing platform services to event participants and organizers. myFiesta also provides value-added services through their website where event organizers will post their events, resell event tickets for the general public to purchase. Our objective is to broaden your audience, manage your ticket and as well help you experience a ticket sell out for your events, with maximum simplicity, and seamlessness. Saving you the stress of hawking your tickets. 

MEMBERSHIP ELIGIBILITY

You must be 18 or over to register as a member or event organizer of myFiesta or use our website. Membership is void where prohibited. Your membership registration for, or use of, the Service shall be deemed to be your agreement to abide by this Agreement including any materials available on the myFiesta website incorporated by reference herein, including but not limited to myFiesta privacy and spam policies.

ACCESS TO SERVICES

In order to access the Services as an event organizer you must obtain access to the internet, and pay any service fees associated with such access. You must provide all equipment necessary to make such a connection to the internet, including a computer and modem or other access device.

YOUR ACCOUNT

We may require you to create an account to access certain features or functions of the Services. However, you may be requested to give additional information by myFiesta as a result of the creation of a paid event or at any point after such creation. You agree to follow certain rules when you create an account with myFiesta or use the Services, including the following:

INACTIVITY OF ACCOUNTS

We will notify you in accordance with relevant laws if we have funds associated with your account and there hasn't been any action on it for a length of time specified by applicable unclaimed property laws. We shall hand over your unclaimed funds to the appropriate governmental entity in line with relevant legislation if you do not claim them within the period we have given you to do so, and then have your account closed.

PRIVACY AND CONSUMER INFORMATION

Registration data and other information about you are subject to our Privacy Policy, which is incorporated herein by this reference. You understand that the technical processing and transmission of this Site and the Services may involve (a) transmission of your personal data over various networks; and (b) changes to your personal information in order to conform and adapt to technical requirements of connecting networks or devices.

HOW DOES THIS WORK?

Our objective is to broaden your audience, manage your ticket and as well help you experience a ticket sell-out for your events, with maximum simplicity, and seamlessness. Saving you the stress of hawking your tickets. myFiesta presently provides online event ticketing platform services to event participants and organizers, allowing members to network and create business and personal relationships. We usually sell tickets on behalf of the Event Organizer, but in some rare cases, we may possess a small number of tickets as part of our services contract with the Event Organizer. myFiesta will handle the transaction and collect money for you as an Event Organizer whose events are to be held in Canada.

APPOINTMENT AS AN AGENT

The Organizer thus appoints myFiesta as the limited payment collection agent only to collect payments received by Attendees for their events through our Payment Processing Partners for any events for which the Organizer sells the tickets. The Organizer agrees that a payment made by an Attendee to myFiesta is equivalent to a payment made directly to Organizer and that Organizer will sell or provide all advertised goods and services to the Attendee as if Organizer had directly received the Event Registration Fees from such Attendee, regardless of whether the Event Registration Fees have yet to be received from myFiesta.

PAYMENT FOR SOLD TICKETS

myFiesta has agreed to pay the organizers precisely the amount for the quantity of each item sold, such as the price per ticket and other items sold on behalf of the Organizer on myFiesta platforms. 

However, payments for all the tickets sold will be remitted into the organizers account within 2-4 working days after the event’s date. Afterwards, the organizers are then free to withdraw these monies whenever they choose. Nevertheless, the Organizer undertakes to pay all pertinent service fees to myFiesta for each ticket, registration, or other item sold or donation requested through the Services.

INABILITY TO PERFORM; CANCELLATIONS

No payments shall be made to the organizer for any event canceled or for which myFiesta believes there is a risk of cancellation or nonperformance unless sufficient security (as determined by myFiesta in its sole discretion) for the obligations of the organizer under this Merchant Agreement is received by myFiesta. In addition, unless a specific event is completed, no Event Registration Fees for that event may be earned. Suppose an organizer has already received money for a canceled event upon cancellation of such event. In that case, the organizer will promptly reimburse any such payments to a payment address given by myFiesta to process refunds, if any.

myFiesta FEES

Creating an account, listing an event, and using the Services are free. However, we levy fees when you sell tickets or registrations. Individual agreements between myFiesta and select Organizers may cause these costs to differ. Organizers ultimately decide whether these costs will be passed on to consumers and displayed as "Fees" on the relevant event page or if they will be absorbed into the ticket or registration price and paid by the Organizer out of ticket and registration gross profits. Fees levied to consumers may include, but are not limited to, facility costs, royalties, taxes, processing fees, and fulfillment fees. As a result, the costs paid by Consumers for an event may differ from the fees charged by myFiesta to the corresponding Organizer or the standard fees specified on the Services to Organizers page. Furthermore, on average, specific fees are intended to mitigate certain costs paid by myFiesta but may involve an element of profit or loss in other situations. myFiesta has no control over (and consequently cannot disclose) costs imposed by your bank or credit card company, including fees for purchasing tickets and registrations in foreign currencies or from foreign individuals. Before participating in a transaction, verify with your bank or credit card company to understand all relevant fees, credit card surcharges, and currency conversion rates.

TAXES

You agree that it is your sole responsibility to ascertain whether any sales, use, amusement, value-added, consumption, excise, or other taxes, duties, levies, or fees (collectively, "Taxes") apply to your use of the Services. You are also solely responsible for collecting, remitting, and reporting the correct amounts of all such Taxes to the relevant governmental authorities.

ORDER CONFIRMATION

When an Attendee places and confirms an order through myFiesta, myFiesta will create a confirmation message and assign a unique confirmation number to that Attendee's order. The Organizer agrees to accept, honor, and fulfill all ticketing, registration, merchandise, and donation commitments confirmed by myFiesta through the Services unconditionally, and it is the Organizer's responsibility to verify an Attendee's confirmation number and/or any event restrictions prior to or at the the applicable event.

ORGANIZERS RESPONSIBILITY, LICENSES AND PERMITS TO OBTAIN

As an organizer, without limiting the generality of any representations or warranties provided elsewhere in these Terms of Service, you represent and warrant to us that:

TICKET TRANSFERS

Organizer agrees that myFiesta, in its capacity as a limited agent, is authorized to allow Attendees to transfer or upgrade a ticket and registration (i) if Organizer permits such transfers during the event registration process); (ii) hold, disburse, and retain proceeds on Organizer's behalf pursuant to this Merchant Agreement; and (iii) myFiesta accepts appointment as the limited agent of Organizer and accepts no liability for any acts or omissions of Organizer, and Organizer understands that myFiesta’s obligation to pay Organizer is subject to and conditional upon receipt of the associated Event Registration Fees from Attendees.

FRAUDULENT USER ACTIONS

myFiesta shall not be liable for any losses related to chargebacks, fraudulent charges or other actions by any user that are deceptive, fraudulent or invalid ("Fraudulent actions"). By using the Services, you release myFiesta from any liability arising from fraudulent actions. You will also use your best efforts to promptly inform us of any fraudulent acts that may affect the Service(s). myFiesta reserves the right in its sole discretion to terminate the account of any User who commits or allows any other user to perform fraudulent actions.

CANCELLATION

myFiesta may terminate your right to use the Services at any time

myFiesta may choose to stop offering the Services, or any particular portion of the Service, or modify or replace any aspect of the Service, at any time. We will use reasonable efforts to provide you with notice of our termination of your access to the Services, where, in myFiesta's sole discretion, failure to do so would materially prejudice you. You agree that myFiesta will not be liable to you or any third-party as a result of its termination of your right to use or otherwise access the Services.

ASSUMPTIONS OF RISK BY YOU

As the consumer, kindly note that myFiesta is not the creator, organizer or owner of any events listed on the Services. Rather, myFiesta provides its Services, which allow Organizers to manage ticketing and registration and promote their events. The Organizer is solely responsible for ensuring that any page displaying an event on the Services (and the event itself) meet all applicable local, state, provincial, national and other laws, rules and regulations, and that the goods and services described on the event page are delivered as described and in an accurate satisfactory manner.

If an Organizer uses myFiesta Payment Processing, then myFiesta also acts as the Organizer's limited agent solely for the purpose of using our third party payment service providers to collect payments made by Consumers on the Services and passing such payments to the Organizer.

THIRD-PARTY WEBSITES

This website may link to, or be linked to, other websites not maintained by or related to myFiesta. Such links are provided only as a service to our visitors. myFiesta is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked or linking website. myFiesta has not reviewed all such websites and is not responsible for the content, accuracy, or policies of any such websites. You link to any other pages or websites at your own risk, and your use of such websites will be controlled by the terms of use posted on that site. You should review the terms of use of any website to which you navigate.

TRADEMARKS

myFiesta name and logo and all other related names, design marks, product names, feature names and related logos are trademarks of myFiesta and may not be used, copied or imitated, in whole or in part, without the express prior written permission of myFiesta. In addition, the look and feel of the Service (including all page headers, custom graphics, button icons, and scripts) constitutes the service mark, trademark and/or trade dress of myFiesta and may not be copied imitated or used, in whole or in part, without the express prior written permission of myFiesta.

COPYRIGHT POLICY

The information and materials contained in or presented through the Website and Website Service, including but not limited to text and images herein (excluding certain images licensed from third parties) and their arrangement are © copyright 2022 by myFiesta. The information and materials contained on the platform/Service may not be copied, displayed, distributed, licensed, modified, published, sold, used to create derivative work or otherwise used for public or commercial purposes without the express written permission of myFiesta.

MOBILE APPS

Application updates: You acknowledge and agree that from time to time we may develop patches, bug fixes, updates, updates, and other changes to improve the performance of our mobile applications and the Service. You accept that these updates can be installed automatically without further notice or receive any additional consent from you. If you do not want these updates, your solution is to stop using the corresponding application. You acknowledge that you may need to install updates to use our applications and agree to quickly install any update provided by myFiesta if the update is not installed automatically. By continuing to use an application after an update, you renew your consent to these Terms of Service.

Text and Push Messaging Express Consents: By providing us with your mobile telephone number and consenting to receive content- and marketing-related messages from myFiesta and our partners when you register for a myFiesta Account, you expressly agree that we may communicate with you regarding an applicable app or the Service generally by SMS, MMS, text message, push notification or other electronic means directed to your mobile device and that certain information about your usage of the app may be communicated to us. We may also share your mobile telephone number with certain of our partners in accordance with our Privacy Policy. We may charge for certain text messaging services, and standard messaging, data and other fees may be charged by your wireless service carrier. In the event that you provide us with a mobile telephone number, you agree to notify us promptly of any changes or deactivations of that number to ensure that messages are not sent to the person who acquires their previous number.

Electronic Notice: By using the Service, you agree to communicate electronically by email regarding security, privacy and administrative issues related to the use of the Service. If we notice a breach of the security system, we may attempt to notify you electronically by posting a notice on the Service or by sending you an email. You may have the legal right to receive this written notice. To receive free written notice of a security breach (or to withdraw your consent to receive an electronic notice), notify it (email).

MONITORING

We will have the right, but not the obligation, to monitor the content on this platform to determine compliance with these Terms of Use and other operating rules that we may establish from time to time. We will have the right, in our sole discretion, to modify, refuse to publish, or delete any material posted or published on the Sites. Without limiting the preceding, we will have the right, but not the obligation, to remove any content which, in our sole discretion, we believe violates the provisions of this document, which otherwise would be unacceptable or obsolete. Despite this our right, users will remain solely responsible for any of their content. You admit and agree that neither we nor any of our affiliates will assume or have any responsibility for any action or omission on our part concerning any conduct within the platform or any communication or publication on the myFiesta platform.

FEEDBACK

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services ("Feedback"). Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

NO WARRANTY

myFiesta makes all commercially reasonable efforts to ensure that all material, information and data on this website is accurate and reliable; however, accuracy cannot be guaranteed. This website is provided by myFiesta on an “AS IS'' basis. myFiesta disclaims all warranties with respect to this website, including without limitation all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. My Fitness makes no warranty or representation regarding the results that may be obtained from use of this website, or use of material, information or data downloaded or otherwise obtained from this website, or regarding the accuracy or reliability of any information obtained from this website. myFiesta does not warrant or guarantee (1) the accuracy, completeness, correctness, timeliness, or usefulness of this website or any material, information or data downloaded or otherwise obtained through use of this website or (2) that use of this website or any materials on this website will meet any users requirement or be uninterrupted, timely, secure or error-free. myFiesta shall have no responsibility for the timeliness, deletion, misdelivery or failure to store any user communication.

You acknowledge and agree (1) that your use of myFiesta is at your own discretion and risk, (2) that use of any material, information or data downloaded or otherwise obtained through the use of this website is at your own discretion and risk, and (3) that you are solely responsible for any damage to your computer system for loss of data that results from the download of such material, information or data, and for any other form of damage that may be incurred. myFiesta does not warrant or guarantee that files or other materials and information available through this website will be free of infections, viruses, worms, Trojan horses or other code that could be harmful to your computer system. None of the parties involved in creating, producing, or delivering this website or its content, including without limitation myFiesta, shall be liable to users of this website for any damage resulting from use of this website or use of material, information or data downloaded or otherwise obtained from this website, nor are such parties in any way responsible for the conduct of users of this website or for information posted or exchanged on this website.

NO LIABILITY

In no event shall myFiesta or any of its officers, representatives, directors, employees, consultants or agents be liable for any direct, indirect, punitive, special, incidental, exemplary or physical or consequential damages or any damages whatsoever (including without limitation, damages for loss of use, data, information, profits, proceeds, opportunity, or business interruption) arising out of or in any way related to the use or performance of this website or any linked website or to any material, information, data, products, or services obtained through this website, or otherwise arising out of your use of this website, your inability to use this website or any decision made or action taken by you in reliance of any information, advice or materials provided on this website, whether such damages are based in tort, contract, negligence, strict liability or otherwise, even if myFiesta has been advised of the possibility of such damages. Your sole and exclusive remedy is to discontinue your access to and use of the website.

INDEMNITY

You agree to indemnify, defend and hold harmless myFiesta and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

LIMITED LICENSE

The content on myFiesta.ca and the mobile App, (Collectively known as “services or platform”) including without constraint, the materials, data, text, software, code, scripts, graphics, photos, interactive features and the likes, as well as the trademarks, service marks, and logos (collectively, the "Content"), are held by or licensed to myFiesta unless expressly disclaimed and are subject to copyright, trademark and other intellectual property rights under the law.

Subject to these Terms of Use, myFiesta grants you a limited right to view, access, and display the Content within its platform for personal use only. This grant of rights to you is limited in duration and scope. The grant is not transferable, nor is it exclusive. myFiesta may terminate the grant, in whole or in part, for any reason and at any time with or without notice. This grant is also dependent on your agreement not to interrupt or attempt to interrupt the operation of the myFiesta platforms. You may download the Content only for the purposes stated above.

This license is not a transfer of title in the Content or any copies of the Content and is subject to the following restrictions:

PERMISSION AND RESTRICTIONS

myFiesta hereby grants you permission to access and use their service as set forth in these Terms of Use, provided that:

You also agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," or similar devices that can access myFiesta services in a disruptive manner, sends more request messages to the servers in a given period of time than a human can reasonably produce in the same period of time using a conventional on-line web browser, or comb the platform using automated devices for the purpose of displaying the platform’s content on any other website.

Notwithstanding the foregoing, myFiesta grants the operators of public search engines permission to use spiders to reference or link to materials on its website or mobile app for the sole purpose of creating publicly available searchable indices of the materials. As with all provisions of these Terms of Use, myFiesta reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including usernames, from the website, or app, nor to use the communication systems provided by the myFiesta (e.g. comments, email) for any unlawful purpose.

In your use of myFiesta service, you will otherwise comply with the terms and conditions of these Terms of Use and all applicable local, national, and international laws and regulations. However, you accept that myFiesta reserves the right to discontinue any aspect of their service at any time.

AVAILABILITY ERRORS AND INACCURACIES

We regularly update our services ("service") on our site. The services described and/or available on our website or app may be incorrectly evaluated, incorrectly described, or unavailable, and we may experience delays in updating the information about the service and our advertising on another platform. We cannot guarantee the accuracy or perfection of any data, including prices, products, details, accessibility, and services. We hold the right to modify or update information and correct any errors, inaccuracies, or omissions at any time without notice.

MISCELLANEOUS

Our failure to enforce any part of these Terms will not constitute a waiver of our right to later enforce that or any other part of these Terms. No oral waiver, amendment or modification of these Terms will be effective. If any provision of these Terms is found to be unenforceable, that part will be limited to the minimum extent necessary and the other provisions of these Terms remain in full force and effect. Section titles in these Terms are for convenience and have no legal or contractual effect. No independent contractor, agency, partnership, joint venture or other such relationship is created by these Terms. We may freely assign any of our rights and obligations under these Terms.

ENTIRE AGREEMENT

This Agreement, together with any amendments and any additional agreements you may enter into with myFiesta in connection with the Service, shall constitute the entire agreement between you and myFiesta concerning the Service.

GOVERNING LAW

This Agreement will be governed and interpreted in accordance with the laws of Canada applicable to transactions entered into and performed entirely within Canada between Canadian citizens.

CONTACT US

Questions about the Terms of Service should be sent to us at info@myFiesta.ca

  1. Ticket terms

Organizer or the facility reserves the right to deny admission to or remove any person or persons whose conduct is deemed to be disorderly, capable of causing harm to others, who uses vulgar or abusive language or who fails to comply with stated rules. Breach of any of the foregoing will automatically terminate this ticket without option of refund or compensation. 

Ticket refund is eligible not later than One (1) day before the event or Forty-Eight (48) hours after purchase depending on whichever is applicable

This ticket admits only one person. 

By attending an event, Holder acknowledges that event may be broadcast or otherwise publicized, and hereby consents to utilize holder's image or likeness in connection with any live or recorded transmission or reproduction of such event.

Unauthorized duplication or re-sale of this ticket may prevent your admittance to the event. 

myFiesta is not responsible for the loss of this ticket. Ticket is valid only for the event and seat for which it is issued. This ticket is not redeemable for cash. Keep it safe. 

Where applicable and in conformance with some local requirements or certain facility rules, alcoholic beverages, illegal drugs, controlled substances, cameras, recording devices, bundles and containers of any kind may not be brought into the premises. 

myFiesta is not responsible for any inconvenience caused by unauthorized duplication of this ticket. In the event that duplicate copies appear, the Facility/organizer reserves the right to refuse entry to all ticket holders.

The event date and time is subject to change without notice.

Reproducing this ticket in any form is prohibited

Tickets obtained from unauthorized sources may be lost, stolen or counterfeit, and if so, are void. Holder agrees by use of this ticket, not to transmit or aid in transmitting any description, account, picture, or reproduction of the event for which this ticket is issued.