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CASH OR TRADE, INC.
Traders Protection and Refund Policy
Definitions
Company means Cash or Trade, Inc., a Delaware corporation.
Buyer (and, when you are a Buyer, You) means any User who purchases a Ticket through the Service.
Event means the event to which the holder of the applicable Ticket entitles admission.
Seller (and, when you are a Seller, You) means any User who sells a Ticket through the Service.
CashorTrade or Service means the ticket sale and exchange service operated by the Company on its website located at https://cashortrade.org , together with the CashorTrade Face Value Tickets mobile application (the App).
Site means https://cashortrade.org.
Ticket means any event ticket being purchased and sold or traded through the Service.
User means any living individual who uses the Service.
BUYER POLICIES:
CashorTrades Traders Protection program (this Policy) provides all Buyers with a money-back guarantee on such Buyers Ticket purchase, provided that such Buyer follows the process provided for in this Policy, as provided for herein. By using the Service, you agree to the terms of this Policy. ANY ATTEMPT TO COMMUNICATE OR PAY OUTSIDE THE CASHORTRADE PLATFORM IMMEDIATELY NULLIFIES YOUR TRADERS PROTECTION, AND COULD LEAD TO SUSPENSION OR TERMINATION OF YOUR ACCOUNT.
Buyer irrevocably commits to pay all charges when Buyer approves payment. All sales are final. Each Buyer is responsible for a maximum purchase price equal to the face value of each Ticket purchased by such Buyer, applicable CashorTrade fees, applicable taxes, and, in the case of hard Tickets, any fees incurred by Seller in connection with shipping such hard Ticket (the Purchase Price), including, without limitation, FedEx fees, UPS fees, USPS postage, etc. The Seller may not charge a convenience fee, handling fee, or any other fees. If you encounter a Seller attempting to sell a Ticket in excess of the Purchase Price, or charging other fees, please report such Seller to CashorTrade Support.
CashorTrade encourages, but does not require, each Seller to provide receipts for each Ticket to prove such Tickets face value, (as well as receipts for shipping costs, if applicable). If, however, a Seller refuses to provide any such receipts upon Buyers request, then the Buyer may refuse to purchase such Ticket, and/or may flag such Seller to CashorTrade Support.
RULES YOU MUST FOLLOW TO ENSURE TRADERS PROTECTION MONEY-BACK GUARANTEE
CashorTrade is a peer-to-peer platform that relies on Buyers and Sellers working together in good faith, making reasonable efforts to complete a transaction. This Policy helps CashorTrade and Sellers facilitate the delivery of Tickets to Buyers. Provided that the Buyer follows all of the terms of this Policy, the Company will Guarantee (as defined below) the delivery of Buyers Ticket. Except as expressly provided for hereinafter, in the event a Ticket is not timely delivered or is invalid (any such undelivered or invalid Ticket, an Invalid Ticket), CashorTrade will refund (Guarantee) the entire Purchase Price actually paid by Buyer to Seller through the Service for such Invalid Ticket, subject in all cases to the terms of this Policy. If Buyer does not strictly observe all of the terms of this Policy with respect to a Ticket, CashorTrade will make commercially reasonable efforts to effectuate timely delivery of such Ticket to the Buyer, provided, however, that CashorTrade shall have no obligation to Guarantee such Ticket.
Notwithstanding the foregoing, You acknowledge and agree that the Guarantee is limited to a refund of the Purchase Price, and CashorTrade makes no representations or warranties, whether express or implied, that any Ticket will, in fact, be valid. EACH TICKET IS PROVIDED "AS-IS". CASHORTRADE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO TICKETS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
For hard Ticket mailed to Buyers, each Seller must mail Ticket to the applicable Buyer on the first full business day after the Buyers purchase of such Ticket. Each Seller may only sell hard Tickets (i) to which Seller has legal title, and (ii) such Seller must have actual and/or constructive possession of such Tickets at the time of such sale (i.e., Seller must own the Ticket, and must either actually have the hard Ticket in Sellers possession, and/or Seller must reasonably anticipate receiving such hard Ticket with sufficient time to put Buyer in possession of such hard Ticket before the applicable Event). Seller agrees to ship hard Tickets within 24 hours of the first full business day after the Seller receives such hard Tickets from the primary ticketing company. Each Buyer will be notified via CashorTrade when such Buyers Tickets have shipped and been given a tracking number. Within 7 days of this shipping notification, you must log onto CashorTrade and either a) acknowledge receipt or b) report non-delivery. Once you acknowledge receipt, keeping track of the Ticket is your responsibility. CashorTrade cannot guarantee reissuing of lost Tickets after they are delivered to you. If you acknowledge receipt of a Ticket without being in actual possession of such Ticket, the Guarantee with respect to such Ticket shall be void.
If you do not receive your Ticket within 3 business days of the shipping notification, we recommend checking delivery status using your tracking number via FedEx, UPS, or USPS, as applicable, and contacting the Seller. Each Buyer has 7 days from the shipping date of a Ticket to report non-delivery of such Ticket. When you report non-delivery, CashorTrade will make commercially reasonable efforts to work with you and the Seller to coordinate delivery no later than the last full business day prior to the Event (not including the day of the Event).
For transactions for hard Tickets less than 7 days prior to the Event:
For in-person meet ups. The same timeline provisions apply to in-person Ticket exchanges as to deliveries of hard Tickets. If a Seller fails to meet at the arranged time or place, you may make a non-delivery complaint directly to the Seller and/or to CashorTrade.
For e-Ticket: The Seller has 24 hours from committing to the sale to deliver the Ticket to you. Tickets will arrive either directly from the primary ticketing company (e.g., a ticketmaster transfer) or via CashorTrade. In connection with e-Ticket transfers, you acknowledge and agree that you bear exclusive risk and responsibility with respect to accessing the system(s) through which such e-Tickets are transferred and/or redeemed. CashorTrade explicitly disclaims any liability for any inability on your part or the part any other person with respect to your or such persons ability to access and use such systems, including, for illustration but without limitation, system outages, human error, internet disruptions, etc. If you do not receive your Ticket within 24 hours of the Sellers commitment to sell the Ticket to you, contact the Seller directly as well as CashorTrade support. FOR CASHORTRADE TO GUARANTEE DELIVERY, YOU MUST REPORT NON-DELIVERY TO CASHORTRADE WITHIN 48 HOURS OF YOUR E-TICKET PURCHASE, OR AT LEAST 24 HOURS BEFORE YOUR EVENT, WHICHEVER IS EARLIER. CASHORTRADE WILL MAKE COMMERCIALLY REASONABLE EFFORTS TO HELP YOU OBTAIN YOUR TICKETS, BUT DOES NOT PROVIDE A MONEY-BACK GUARANTEE FOR NON-DELIVERY COMPLAINTS ON SAME-DAY TRANSACTIONS, NOR FOR TICKETS NOT PREVIOUSLY REPORTED AS UNDELIVERED ON OR AFTER THE DAY OF SHOW. SAME-DAY TRANSACTIONS AND DELIVERY ARE GUARANTEED FOR VALIDITY, BUT NOT FOR DELIVERY.
SELLER POLICIES:
EACH SELLER MUST FOLLOW THE RULES BELOW TO ENSURE YOU RECEIVE THE FULL PURCHASE PRICE FOR YOUR TICKETS (Payout). ANY ATTEMPT TO COMMUNICATE, PAY OR RECEIVE PAYMENT OUTSIDE THE CASHORTRADE PLATFORM IMMEDIATELY NULLIFIES YOUR TRADERS PROTECTION AND COULD LEAD TO SUSPENSION OR TERMINATION OF YOUR ACCOUNT.
In connection with and prior to making any Payout, CashorTrade reserves the right, in its sole discretion, to condition such Payout on your provision to CashorTrade of one or more forms of identity verification, including, without limitation, a validly issued, authentic government ID (e.g., Passport, Drivers license, etc), together with the original receipt proving that your transaction was made in a manner consistent with our Face Value Policy. As used herein, the term Face Value has the meaning given to it in our Face Value Policy (i.e., the original cost of the ticket, fees paid to the primary retailer therefor, costs paid to CashorTrade, and Ticket shipping costs), all as provided for in the Face Value Policy.
Confirming Shipment for Print Ticket: You must ship your Ticket by the end of the first full business day after your transaction is completed. Within 24 hours of shipping, you must log onto CashorTrade, update status to sent, select the date and time you shipped ticket, and report your delivery method (UPS/USPS/DHL/Fed Ex with tracking number and insurance). You must choose a shipping method with guaranteed delivery, insurance and tracking number. Note that changing the name on a Ticket order changes the name for the entire order. As an example, if you sell 2 Tickets to one Buyer, 1 ticket to another Buyer, and keep the 4th Ticket for yourself, you often cannot ask a primary ticket platform to reissue only part of an order. Therefore, shipping without insurance risks jeopardizing your Payout. THE COMPANY CANNOT GUARANTEE PAYOUT FOR TICKETS SENT VIA STANDARD MAIL WITHOUT A TRACKING NUMBER. THE COMPANY CANNOT GUARANTEE PAYOUT FOR TICKETS LOST IN THE MAIL WITHOUT INSURANCE. CASHORTRADE CANNOT GUARANTEE PAYOUT FOR TICKETS IF YOU DO NOT UPDATE THE STATUS TO SENT AND ENTER THE APPROPRIATE TRACKING NUMBER WITHIN 24 HOURS OF SHIPPING THE TICKETS. THE COMPANY CANNOT GUARANTEE PAYOUT IF YOU DO NOT SHIP YOUR TICKETS ON THE FIRST FULL BUSINESS DAY AFTER THE TRANSACTION IS COMPLETED.
E-ticket transfer: You must transfer your Ticket to the Buyer either by CashorTrade message or via primary ticketing transfer (such as Ticketmaster transfer) within 24 hours of completion of the transaction. Within 24 hours of delivery, you must log onto CashorTrade, update status to sent, select the date and time you sent the Ticket, and report your delivery method (i.e., CashorTrade message or primary ticket transfer). For ticket purchases within 24 hours of the Event, you must transfer Tickets at least 2 hours prior to the Event. THE COMPANY CANNOT GUARANTEE PAYOUT FOR TICKETS TRANSFERRED WITHIN 2 HOURS OF THE EVENT.
For any Ticket type, Buyers may reach out to you via CashorTrade if Buyer has not received the Ticket, or are having issues redeeming the Ticket. IF YOU SELL A TICKET THAT IS NOT VALID, OR FAIL TO DELIVER TICKETS, WHETHER INTENTIONALLY OR NOT, THE BUYER WILL BE REFUNDED THE ENTIRETY OF THE PURCHASE PRICE, YOU WILL NOT BE ENTITLED TO RECEIVE ANY PAYOUT, AND YOU MAY BE SUBJECT TO A10% REFUND PROCESSING FEE.
Credit/Debit Card Authorization to secure ticket sales: All ticket sales will be secured with any payment method you have on file with CashorTrade. For all users, any payment method that you have on file with us may be authorized for the cost of each transaction, plus a 10% refund processing fee. We do not charge your card unless tickets are not delivered to the buyer or the tickets delivered are invalid. If you sell any Ticket for an amount exceeding the Face Value for such Ticket, CashorTrade reserves the right to charge you for the difference between the price at which you sold such Ticket and the Face Value (as defined in our Face Value Policy) of such Tickets. In using CashorTrade, you hereby authorize CashorTrade to charge your primary payment method an amount equal to any such discrepancy.In cases of non-delivery or invalid tickets, we will not charge your card without first attempting to contact you to rectify the issue, either by calling you at the phone number and/or contacting you at the email address that you have on file with CashorTrade.
Costs of Payout: There are no costs to sell on CashorTrade except:
Timing of Payout
All sellers must have a verified, updated Paypal account on file. IF A SELLER HAS AN INACCURATE PAYPAL ACCOUNT IN THE SYSTEM, CASHORTRADE PAYS OUT TO IT, AND THE FUNDS ARE CLAIMED, CASHORTRADE WILL MAKE COMMERCIALLY REASONABLE EFFORTS TO REQUEST A REFUND FROM PAYPAL BUT IS NOT RESPONSIBLE TO PAY OUT THE SELLER IF FUNDS CANNOT BE RECLAIMED.
Event Cancellation: If an Event is cancelled and not rescheduled, the Company will remove the Event and any listings related to the Event from our Site and the App, and inform both Buyer and Seller about the cancellation with further instructions. If the Seller requires Sellers Ticket(s) back to obtain a refund of the original purchase price from the primary ticketing company, Seller must contact the Company immediately after the cancellation. The Buyer is required to retain the Ticket(s) and upon request from the Company to send them back to either the Seller or to the Company (as instructed by the Company). The Buyer will receive a full refund once Seller has sent back the Ticket(s) (if applicable) and the Seller will not be paid. If the Seller has already been paid, payment for the sale may be recovered by charging the Seller's existing payment method, or by setting off this amount against pending payments for other Tickets the Seller has sold or will sell in the future.
Postponement: If an Event is postponed, the Company will work with Buyers and Sellers on a case-by-case basis attempting to resolve any Ticket issues. Sellers are prohibited from reselling, invalidating or changing Tickets for postponed Events. Refunds will not be issued for postponed Events, unless they are ultimately cancelled as stated above.
Other Event changes: The Company is not responsible for partial performances, venue, line-up or time changes. No refunds will be issued in these instances.
Good Faith. CashorTrade is built on a peer-to-peer ethos. Both parties are expected to make reasonable efforts to help complete the transaction. Sellers must recognize that cancelling an order constitutes cancellation of an entire order. This could disrupt tickets or other tickets that Seller sold. CashorTrade monitors the frequency and rate at which you drop sales as compared to your total sales, and we reserve the right, upon notice to you, to suspend your account if we determine that your dropped order rate has exceeded an acceptable level. You acknowledge and agree that if abusing the CashorTrade marketplace, as determined by CashorTrade in its sole discretion, including, without limitation: (i) dropping orders at one price and relisting the same tickets for higher prices; (ii) engaging in speculative listings; and/or (iii) failing to make reasonable, good-faith efforts in coordinating sales and exchanges on CashorTrade; may result in, in the case of a Seller, forfeiture of the applicable Payout, and/or suspension or termination of your CashorTrade account. CashorTrade has a zero tolerance policy for abusive behavior. If, in the sole discretion of CashorTrade, you engage in any form of abusive behavior with respect to another User, whether on or off the Site, CashorTrade reserves the right to suspend or ban you from the Site, and any criminal behavior will be reported to the relevant authorities.
BUYER/SELLER DISPUTE RESOLUTION: In the event of a bona fide dispute between Buyer and Seller, prior to initiating any legal proceeding, whether arbitration or otherwise, each Buyer and each Seller hereby agrees to notify the other party as well as the Company of such dispute, and to attempt to negotiate an informal resolution through CashorTrade. In connection with the informal mediation of any dispute, the Company may rely and shall be protected in acting or refraining from acting upon any written notice, instructions, or requests furnished to it hereunder and believed by it to be genuine and to have been signed or presented by the proper party or parties. Cash or Trade shall not be liable for any action taken by it in good faith and believed by it to be authorized or within any rights or powers conferred upon it by this Policy and applicable law, may consult with counsel of its own choice and shall have full and complete authorization and protection for any action taken or suffered by it hereunder in good faith and in accordance with the opinion of such counsel. If, after a good-faith effort to negotiate, any party feels that the dispute has not and cannot be resolved informally, the party intending to pursue legal proceedings agrees to notify the other party via e-mail prior to initiating such proceedings. The Company may thereupon, in its sole discretion, deliver any funds then-held by the Company to which such dispute pertains to the Clerk of the Court of Chittenden County, Vermont, for resolution of ownership, and Buyer and Seller shall jointly and severally be responsible for paying to the Company all costs, expenses and fees in connection therewith.
The Buyer and Seller hereby jointly and severally agree to indemnify the Company for, and to hold the Company harmless against, any and all claims, suits, actions, proceedings, investigations, judgments, deficiencies, damages, settlements, liabilities and expenses (including reasonable legal fees and expenses of attorneys chosen by the Company) as and when incurred, arising out of or based upon any act, omission, alleged act or alleged omission by the Company or any other cause, in any case in connection with the acceptance of, or performance or non-performance by the Company of, any of the Companys duties under this Policy, except as a result of the Companys bad faith, willful misconduct or gross negligence. Except in cases of the Companys bad faith, willful misconduct or gross negligence, the Company shall be fully protected in acting in reliance upon any certificate, statement, request, notice, advice, direction, other agreement or instrument or signature reasonably and in good faith believed by the Company to be genuine, in assuming that any person purporting to give the Company any of the foregoing in accordance with the provisions hereof, or in connection with either this Policy or the Companys duties hereunder, has been duly authorized to do so, or in acting or failing to act in good faith on the advice of any counsel retained by the Company. The Company shall not be liable for any mistake of fact or law or any error of judgment, or for any act or omission, except as a result of its bad faith, willful misconduct or gross negligence.
Tax Liability. If you sell Tickets to Buyers in the US, some states may require you to collect applicable sales tax on your transactions. Additionally, if you sell to Buyers in the EU, you may be required to charge and remit VAT. Each Seller is responsible for determining whether any taxes are due on your sale of a Ticket, and for collecting and remitting such taxes. Any applicable taxes must be included in the Purchase Price of your Ticket. CashorTrade does not routinely collect, withhold, or otherwise calculate or track the tax liability of any User, nor can CashorTrade provide any guidance or advice with respect to tax matters. Accordingly, CashorTrade encourages you to consult with your legal counsel and/or accounts and CPAs with respect to the tax implications, if any, of buying or selling Tickets. Nevertheless, upon request by CashorTrade, you agree to provide CashorTrade with your Social Security Number or other tax identification number if necessary for CashorTrade to provide (without notice to you) information to the relevant tax authorities related to payments you receive from us, and you further authorize CashorTrade to release that information to the relevant tax authorities. Such taxes may include any applicable sales, use, excise, value added, service and/or other indirect taxes.
All Users of CashOrTrade, including any purchase or sales of Tickets hereunder, are, in addition to this Policy, subject to and governed by CashorTrades Terms of Service located at [https://cashortrade.org/about/terms-and-conditions] and our Privacy Policy located at [https://cashortrade.org/about/privacy-policy].
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