Terms and Conditions
Article 1 – General Terms of Service (“Terms”)
Last updated: September 1st, 2023
Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the harshmellow.net website (the “Service”) operated by Harshmellow Events LTD (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By agreeing to our terms and conditions you agree to be contacted from to time with newsletters and other promotional offers. You also agree that your information may be passed on to a third party such as the event organiser.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service. The material on this Site is adult in nature and sexually oriented. By using this Site you warrant and represent you are at least 18 years of age. If you are under 18 years of age you must not view or use this Site, and we accept no liability for your usage or any direct or indirect consequences of such usage.
You may view, download for caching purposes only, and print pages, stream audio and video files (“Material”) from the Site from a web browser for your own personal use, subject to any other restrictions in these Terms.
You must not republish material from this Site, including republication on another Site; sell, rent, or sub-licence Material from the Site, show any Material from the Site in public unless permission has been expressly granted, reproduce, duplicate, copy or otherwise exploit Material for a commercial purpose.
You must not use this Site in any way that causes, or may cause, damage to the Site or impair the Site’s availability or accessibility; or in any way that is illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity. You must not use this Site to copy, store, host, transmit, send, use, publish, or distribute, any material which consists of or is linked to any spyware, computer virus, worm, rootkit, Trojan horse, or other malicious computer software.
Article 2 – Ticket & Event Conditions
Section 1 – Agreement
Section 2 – Event Ticket
Section 3 – Admission to the Event
Section 4 – Force Majeure
Section 5 – Rights of the organiser
Section 6 – Liability of the organiser
Section 7 – General
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Section 1 – Agreement
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These general terms and conditions apply between Harshmellow (obo of Harshmellow events Ltd), and a person (the “Buyer”) who has purchased an admission ticket (“Event Ticket”) for an event held by the Organiser (the “Event”) and each person who attends the Event (the “Visitor”).
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Following the purchase and attendance of the event, the agreement arises between the holder of the Event Ticket or the Visitor on the one hand and the Organiser on the other hand, to which these terms apply.
Section 2 – Event Ticket
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The purchase of a ticket for Harshmellow is for the event itself and not for a specific artist and no refund will be offered in the event of artist cancellations.
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Harshmellow tickets are not refundable under normal operating circumstances. .
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Harshmellow is an over 18 event. Any tickets purchased by anyone under that age are neither valid nor eligible for a refund. Once the ticket has been bought, it will only be changed or refunded in the case of cancellation.
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Tickets may only be purchased through 3rd parties authorized to sell on the event’s behalf.
Section 3 – Admission to the Event
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By attending the Event, each Visitor explicitly agrees to these Terms
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Harshmellow is an over 18 event. Only persons over the age of 18 will be admitted to the event.
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The right to admission to Harshmellow is reserved by the promoter and venue, who may take health and safety, environmental and security concerns into account at their reasonable discretion, and may from time to time carry out security searches. Harshmellow operates a zero tolerance policy toward illegal substances.
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You may be asked to produce identification documentation, to verify your age.
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The admission ticket gives the holder the right to attend the Event. Access is given only to the first holder of the admission ticket scanned at the entrance of the Event. Harshmellow is not obliged to perform any further verification of valid admission tickets.
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No refunds will be offered to customers who are refused entry or ejected from the venue on account of being (or appearing to be) under the age of 18, declining to be searched, abusive, threatening, drunken, disorderly or not deemed in line with the dress code policy.
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It is prohibited to bring glass containers of any sort, canisters, plastic bottles, PET bottles, cans and/or other drinks containers, one’s own food, hard packaging, cooler bags, other heavy containers, flambeaus, pyrotechnical objects, weapons of any sort or any other dangerous objects onto the event site.
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A security control shall take place at the entry gate.
Section 4 – Force Majeure
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If an Event cannot take place on the planned date and location as a result of circumstances beyond the control of the Organiser, this is regarded as force majeure
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Pandemic
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Non-issuance of permits by authorities
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Terrorism threats
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Strikes
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Fires
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Floods
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Bad weather
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The event will only be considered to have been cancelled in the eventuality of a Government ban. In that case, the purchaser can apply for a refund in a period no longer than thirty days from the date of the public announcement of the cancellation.
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Bad weather & natural disasters will not lead to ticket refunds.
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The Organiser is entitled to reschedule an Event if this Event cannot take place due to force majeure.
Section 5 – Rights of the organiser
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While every effort is made to ensure that all billed acts perform, Harshmellow reserves the right to change the bill without prior notification.
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The Organiser reserves the right to deny the Visitor access
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Organisers are entitled to make (or have made) video and/or audio recordings of the Event and to use these images for promotional purposes, with no obligation of compensation to the persons appearing.
Section 6 – Liability of the organiser
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Attendance at the event is therefore at your own risk.
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Any liability of the promoter for damage to hearing or health that may occur due to lack of precautions is therefore excluded, unless the promoter acts with gross negligence or intent.
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If attendees park their vehicle by the event site, this shall be at their own risk. Harshmellow accepts no liability for any damage or theft, unless it can be charged with intent or gross negligence
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Harshmellow shall not be liable for lost or stolen items.
Section 7 – General
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Attendees are aware that music events represent an environment with a high noise level. We shall take the necessary precautions to prevent lasting damage to hearing or health. Nonetheless, attendees are urgently advised to use earplugs to protect them against any damage to hearing or health.
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Earplugs may be purchased from the event site at the Club management's discretion.
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It is prohibited to bring glass containers of any sort, canisters, plastic bottles, PET bottles, cans and/or other drinks containers, one’s own food, hard packaging, cooler bags, other heavy containers, flambeaus, pyrotechnical objects, weapons of any sort or any other dangerous objects onto the event site. The security service shall be instructed to carry out a body search.
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Article 3 – Governing Law
These Terms shall be governed and construed in accordance with the laws of Malta, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Article 4 – Data
Cookies
We may use cookies and other interactive techniques such as web beacons to collect non−personal information about how you interact with our website, and web−related products and services, to:
You make a purchase
You register a user account with us
Provide a more enjoyable, customised service and experience, and
We may use a persistent cookie to record details such as a unique user identity and general registration details on your computer or device. This helps us recognise you on subsequent visits to this website so that you don’t have to re−enter your registration details each time you visit us and allows us to carry out the activities mentioned above.
Most browser technology allows you to choose whether to accept cookies or not − you can either refuse all cookies or you can set your browser to alert you each time that a website tries to set a cookie.
Use of Data
Harshmellow uses the collected data for various purposes:
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To provide and maintain our Service
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To notify you about changes to our Service
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To allow you to participate in interactive features of our Service when you choose to do so
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To provide customer support
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To gather analysis or valuable information so that we can improve our Service
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To monitor the usage of our Service
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To detect, prevent and address technical issues
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To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information
Retention of Data
Harshmellow will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
Harshmellow will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.
Transfer Of Data
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside Malta and choose to provide information to us, please note that we transfer the data, including Personal Data, to Malta and process it there.
Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
Harshmellow will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.
Disclosure Of Data
Harshmellow may disclose your Personal Data in the good faith belief that such action is necessary to:
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To comply with a legal obligation
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To protect and defend the rights or property of Harshmellow
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To prevent or investigate possible wrongdoing in connection with the Service
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To protect the personal safety of users of the Service or the public
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To protect against legal liability
Security Of Data
The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
Your Rights
Harshmellow aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.
Whenever made possible, you can update your Personal Data directly within your account settings section. If you are unable to change your Personal Data, please contact us to make the required changes.
If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.
In certain circumstances, you have the right:
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To access and receive a copy of the Personal Data we hold about you
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To rectify any Personal Data held about you that is inaccurate
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To request the deletion of Personal Data held about you
You have the right to data portability for the information you provide to Glitch Festival. You can request to obtain a copy of your Personal Data in a commonly used electronic format so that you can manage and move it.
Please note that we may ask you to verify your identity before responding to such requests.
What do you do with my personal information?
In order to process an order, it is necessary that our official ticket supplier processes the following personal data:
Name: If tickets have to be issued in name, personal details of the Customers of the tickets (or those who enter the event with the tickets) may be required. This information is only processed with the purpose of verifying the identity of the Customer. The event organization can further process this data, on the basis of and under the conditions in its privacy statement.
Email address: In order to be able to send the tickets or to contact the Customer for notification of the status of a transaction, our ticket supplier will ask the customer for an email address. In addition, we also store any email history between our ticket supplier and the Customer, which may arise after the purchase and on the initiative of the Customer.
Telephone number: We only request a telephone number to contact the Customer in the event that there is a problem with the order/event and our ticket supplier's Customer Service would like to inform in advance.
Date of birth: A date of birth is required to establish that the purchasing person is old enough to take legal action (general provision for purchases) and/or a visitor is old enough to enter the event. If the buyer is sixteen years or younger, he/she must first obtain permission from the person who bears the parental responsibility for the child. By agreeing to our Terms and Conditions and agreeing explicitly during the payment process, our ticket supplier can reasonably assume that the child has obtained the said approval.
Gender: The gender of our visitors is processed with the aim of ensuring that the event runs smoothly, for example with a view to placing sufficient sanitary facilities.
Payment information: The processing of payment data is necessary for the settlement of the purchase transaction between the Buyer and the Organizer.
Home address: Depending on the physical shipment of goods (for example event tickets or other forms of admission tickets) we need your home address. In addition, the residential address may be necessary information that is linked to certain payment methods, payment information in general or fraud investigation and/or prevention.
IP address: Depending on the payment method chosen by the Customer, we also process the IP address of the Customer. In addition, the IP address can be used for fraud investigation and/or prevention If it concerns a business order, we also process the VAT number of the target company. Additional personal data
At the request of an event organization, we may ask you for more personal information or preferences. These requests can be both mandatory and optional. Additional personal details are requested on behalf of the Organizer and are primarily intended to promote a better event experience for the Customers or to ensure that the event can take place in an orderly and controlled manner. At the request of our Merchants, we can therefore refuse your registration / purchase if you do not provide us with all mandatory information or preferences.
“Cookies” are small files of data that are stored on your computer so that we can recognize you when you return to our website with the same computer and browser. “Cookies” enable us to gather information about the use of our services, to improve them and to adapt to the wishes of our visitors. For more information, you can find the Privacy Policy here.
Our ticket supplier will not use the personal data from your account. The data is for you to be able to order a ticket, see your order history, and get faster access to future ticket sales. Our ticket supplier will not send you any unsolicited mails.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Harshmellow.
Harshmellow has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Harshmellow shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Article 5 – Company
The events advertised on this site are promoted by Harshmellow, acting as registered company Harshmellow Events Ltd.
Harshmellow Events LTD. Registered in Malta No. C 73932. Registered office: 13, School Street, Zabbar, ZBR 5055, Malta.
VAT Number: MT 23052734
Article 6 – Trademark
Harshmellow is a registered trademark of Harshmellow Events Ltd.
Article 7 – Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Article 8 – Contact Us
If you have any questions about these Terms, please contact us. contact@harshmellow.net