TICKET RESALE AGREEMENT MEMBERS MERCATO
You must read and agree to all the terms and conditions of this Agreement before using the Services. BY USING THE SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THEM, DO NOT USE THESE SERVICES.
In this Agreement, “CF Montréal” refers to the Major League Soccer (MLS) professional soccer club operated by Free 2 Play LP, and “you” or “Member” refers to a person or an enterprise that has subscribed to a CF Montréal membership who agrees to sell one or more season tickets for one or more games using the services of the Members’ Mercato platform (the “Services”) as set out herein. Some of the Services are provided by CF Montréal and others by the online ticketing service provider Outbox (“we” or “us”).
Eligibility Requirements
1. You must be a Member in good standing with an active CF Montréal season pass membership and be 18 years of age or older.
2. You must have an account in good standing on the CF Montréal portal or create one by following the steps on https://portail.cfmontreal.com/?lang=en and by agreeing to applicable terms.
3. Only tickets for a CF Montréal regular season home game may be offered for sale using the Services.
How it works
4. By using the Services to sell a ticket, you will be the sole seller of the ticket. We will not be a vendor in any way.
5. You must follow all the steps indicated on the portal.
6. You must set your price offer in accordance with the floor price and the maximum amount allowed on the portal. If no maximum amount is indicated, then CF Montréal agrees to the price you will set above the floor price, but up to a maximum of CAD $9,999.99.
7. Upon your confirmation on the portal of your offer to sell transaction, you assign to CF Montréal the possession and control of any ticket you have offered for sale using the Services. Upon the purchase of your ticket(s) by a third party through the Services, you authorize us to cancel and invalidate your right to use or transfer the ticket(s), and you acknowledge that the ticket(s) displayed will no longer be valid to attend to the relevant event, either by you or by any other person other than the third party who acquired the ticket(s) through the Services (or by any person lawfully receiving the ticket from such purchaser).
8. As long as not accepted, you can revoke your offer to sell at any time by selecting this option on the portal. You will then automatically regain access to your ticket. Once a ticket has been ordered by a potential buyer, you will not be able to modify or revoke your offer to sell, nor will you be able to stop the sale of the ticket, even if the title to this ticket may not be transferred later to the buyer.
9. Your offer to sell will be available to the public and will remain displayed in pink on the online ticketing until the ticket is sold or until you revoke your offer. Purchasers will be able to distinguish between the seat you want to sell using the Services and the seats sold on the primary market.
10. However, if your ticket is not sold one hour (1 hour) before the game, your offer will automatically expire, and you will regain access to your ticket.
11. If a buyer accepts your offer, you will be notified by email registered to your account. We will collect the funds from the buyer and deliver the ticket or its title.
Selling Prices and Sales Taxes
12. You agree to a service fee for the Services of 10% of your sale price plus applicable taxes, which will be deducted from the sale price.
13. Notwithstanding any exemption that may apply to you, we will levy the applicable sales taxes on your ticket sale price and make the applicable remittances to the relevant tax authorities. You irrevocably consent to such tax levies and deductions.
Resell Price Remittance
14. You will receive a resale credit in your Member account equal to the difference between your ticket sale price and your original purchase price, less applicable service fee and sales taxes. This credit can be used to renew your season ticket membership subscription or to purchase other tickets. This credit is non-transferable. Upon request to the sales department within 30 days of the credit becoming available in accordance with article 19 below, you may choose to replace your credit with a refund by card or cheque.
15. You acknowledge that your ticket sale on the portal will be subject to your purchaser’s rights under the Consumer Protection Act (“CPA”), which may include, among other things, a right of refund or a right of cancellation if certain conditions are met. Please refer to the CPA if necessary. We do not provide legal advice and you are solely responsible for your rights and obligations. You are solely responsible for complying with all other applicable ticket resale laws, rules and regulations when posting your tickets for sale on our platform.
16. You acknowledge that we will inform your purchaser of the mandatory conditions set out in section 236.3 CPA which reads as follows:
236.3. No person may resell a ticket without first informing the consumer that the price paid for the ticket will be refunded to the consumer in any of the following situations:
(a) the event to which the ticket grants admission is cancelled;
(b) the ticket does not grant the buyer admission to the event for which the ticket was purchased; or
(c) the event to which the ticket grants admission, the place or seat the ticket authorizes the ticket holder to occupy or the value of the ticket does not correspond to the representations made to the consumer.
17. If the game for which you sold a ticket with our Services is cancelled, you authorize us to refund your purchaser. Your resale credit will be cancelled, and we will offer you either a ticket exchange, a credit in the amount of your original purchase or a refund in accordance with the ticket purchase terms and conditions applicable to your original purchase.
18. If the game for which you sold a ticket with our Services is postponed and your purchaser of that ticket wants a refund for the amount they paid, you authorize us to refund your purchaser. Your resale credit will be cancelled, and we will return to you the ticket you sold so that you can use it to attend the game.
19. Considering these potential refund or cancellation rights of your purchaser, as well as to ensure that the resold ticket remains available for the scheduled game, and in order to prevent fraud, you agree that the resale credit or card refund will be issued to you on the business day following the end of the scheduled game.
Covenants and Restrictions
20. You agree to not transfer, donate, exchange, or offer for sale on other resale platforms or in any other manner any ticket you offer for sale using the Services without first revoking your offer to sell as provided in this Agreement. You further agree to not complete any multiple sale or attempt to use or claim access to the game after having sold a ticket in accordance with this Agreement. Any reproduction or falsification of ticket is prohibited. Any violation may result in a complaint to the police and/or expose you to civil, criminal, or penal prosecution.
21. You agree that the same terms and conditions of your original ticket purchase along with other terms and conditions governing the use of a ticket remain applicable to your purchaser. You may not make any change to the ticket use conditions.
22. You are sole responsible for any income tax that may be applicable to you because of your resale transaction after using the Services, without any liability to CF Montréal.
General
23. By using the Services to sell a ticket, you represent that you have the right to do so and that you are the sole owner of any ticket offered for sale, free of any restrictions that may prevent its sale.
24. CF Montréal reserves the right to suspend or cancel your offer to sell or your transaction in the event of any violation of this Agreement, any applicable law, or fraud. In such event, your ticket will be returned to you without you having any right of claim against us.
25. You agree to indemnify and hold us harmless from and against any and all suits, claims, losses, liabilities, obligations, damages, costs and expenses incurred, suffered or sustained by us, our officers, directors, shareholders, employees, subcontractors (collectively, the “Indemnified Parties”), arising out of or in connection with your use of the Services, your acts, omissions, fraud or negligence.
26. To the extent applicable notwithstanding the foregoing, the aggregate liability of the Indemnified Parties for any damage hereunder shall not exceed the face value of the ticket originally purchased by you.
27. No warranty of result, performance or quality is offered with respect to the Services, and you agree to use them “as is” at your own risk.
28. All terms and conditions of your CF Montréal Subscription Agreement between you and CF Montréal remain applicable and unchanged.
29. Our applicable privacy policy and any other policies, rules or guidelines that may apply to tickets or particular features of the site are also included in this Agreement.
30. Any invalid provision of this Agreement shall not affect the validity of any other provision contained herein. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, superseding all other representations, understandings, or agreements of any kind, whether written, digital, or verbal.
31. This Agreement shall be exclusively construed and enforced in accordance with, and the rights of the parties shall only be governed by, the laws of the Province of Quebec and the federal laws of Canada applicable therein. All other laws or jurisdictions, to the extent applicable, are expressly excluded. You submit to and attorn to the exclusive jurisdiction of the courts of Quebec. The United Nations Convention on Contracts for the International Sale of Goods does not apply.