«TOMSARKGH»
LIMITED LIABILITY COMPANY
WEBSITE GENERAL TERMS AND CONDITIONS

DEFINITIONS AND INTERPRETATION OF TERMS USED

The following terms, as used in these General Terms and Conditions, shall have the following meanings;

TERMS	DEFINITIONS
COMPANY	«TOMSRAKGH» Limited Liability Company (TIN; 00124302, registration number; 264.110.769095, address; 0012, RA, Yerevan, Arabkir, Papazyan street, 25 building, 28 apt.)։
WEBSITE	A collection of information, design elements, graphic elements, images, photographic materials/videos, and other results of intellectual activity, including computer software (software for electronic computing machines), by means of which access to such information is provided on the electronic platform at https://www.tomsarkgh.am/ (the “Website”). The Website constitutes an online resource intended for the publication of various Events organized by the Service Provider, for obtaining information regarding such Events, and for the organization of online Ticket sales.
SERVICE PROVIDER	A legal entity or a natural person (including an individual entrepreneur) who acts as the organizer of the Event.
CONDITIONS	The general terms and conditions of use of the Website set forth herein, as well as any other conditions posted on the Website, publications on the Company’s pages on social media platforms (including, without limitation, Instagram and Facebook), and provisions established by other documents regulating the legal relations between the Company and the Customer (including, without limitation, contracts, agreements, and similar instruments).
USER	Any individual who accepts Website General Terms and Conditions, available at https://www.tomsarkgh.am/en/page/user-agreement, thereby entering into a contract with the Company, which shall be governed by the provisions set forth in these Terms and Conditions.
EVENT	A cultural and entertainment event organized by the Service Provider, information about which is published on the Website and for which Tickets can be purchased through the Website.
TICKET	A document (including an electronic or digital document, such as an Electronic Ticket) used to confirm the conclusion of a transaction and the User’s right to participate in the Event. The Ticket certifies the Service Provider’s obligation to hold the Event on the date, time, and at the location specified in the Ticket, and the User’s right to attend the Event.
ORDER	A properly completed request submitted by the User through the Website to participate in the Event, which demonstrates the User’s intention to conclude a Transaction with the Service Provider by acquiring a Ticket via the Website.
IDENTIFICATION CODE	Any data (including, without limitation, a code generated by the Company, a QR code, or the User’s phone number (which is registered on the Website or provided to the Company when submitting an Order or by other means)), which is used by the Company to identify the User and/or to verify that a particular Order belongs to a specific User.
PERSONAL ACCOUNT	An individual account opened by the User on the Website or the Company’s electronic application, which enables the User to access the Website, including receiving content and offers tailored to the User’s preferences.
ACCOUNT BALANCE	Balance displayed in the User’s Personal Account, which allows the User to acquire Tickets through the Website.
GIFT CARD	A digital or physical card provided by the Company, on which a predetermined number of points are stored. The User may use the points on the Gift Card to acquire Tickets through the Website.
TRANSACTION	A Transaction concluded between the Service Provider and the User as a result of the acquisition of a Ticket. The Company is not a party to the Transaction. The Company acts as an intermediary in the sale of Tickets for Events organized and conducted by the Service Provider.

RULES OF INTERPRETATION
1. Unless the context requires otherwise, the singular of a defined term shall include the plural, and vice versa.
2. Any reference to a section, clause, or provision of these Terms shall be deemed to refer specifically to that section, clause, or provision.
3. Any reference to a document, including, without limitation, these Terms, the Company’s internal regulations, statutory or regulatory acts, or any other documents or any of their provisions, shall be construed as including all amendments, modifications, and/or supplements thereto that are in force at the relevant time, made in accordance with applicable law or pursuant to these Terms.
4. The headings in these Terms are included for convenience only and shall not affect the interpretation or construction of any provision.
5. The terms “include” and “including” shall be interpreted as if followed by the words “without limitation,” whether or not such words are expressly stated.

INTRODUCTION
1. These Terms define and regulate the legal relations arising or to arise between the User and the Company in the context of the User’s use of the Website.
2. The User is entitled to use the Website, including, without limitation, to obtain information about the Events posted on the Website, to place an Order for participation in the Event in the manner provided by the Company (by registering and making the corresponding payment), to receive a Ticket, and to perform any actions related to the use of the Website’s functionalities.
3. By accessing the Website, using its functionalities, or downloading any content (in whole or in part), the User confirms that they have read and understood these Terms in full and unconditionally accept them.
4. The Company shall have the right to unilaterally amend these Terms, provided that the User is notified within a reasonable time in advance. Notices of amendments shall be sent to the electronic addresses provided by the User and shall be deemed received upon dispatch. Amendments shall enter into force on the fifteenth (15th) calendar day following the dispatch of the relevant notice, unless a different period is specified in the notice. The Company shall not be liable for the User’s failure to review the updated (amended) Terms, provided that the User has been duly notified of the amendments in accordance with these Terms.
USER'S LEGAL CAPACITY
1. By agreeing to these Terms, the User confirms that, under the laws of their place of residence, they have full legal capacity, are entitled to use the Services, and, if required, have obtained all necessary permits and consents as prescribed by the law of their place of residence.
2. If the User represents a legal entity, such User warrants that they are duly authorized by the legal entity to act on its behalf and to use the Services.
TICKET PURCHASE PROCEDURE
1. Through the Website, the Company, acting as the agent of the Service Provider, organizes the sale of Tickets on behalf of the Service Provider. The Company is not the organizer of the Events.
2. Information regarding the Events posted on the Website is provided by the Service Provider to the Company. Accordingly, the Service Provider shall bear responsibility toward the User for any information that is inaccurate, untrue, incomplete, or does not correspond to reality.
3. Upon acquiring a Ticket through the Website, a Transaction is concluded between the User and the Service Provider, under which the Service Provider undertakes to organize and conduct the Event. Accordingly, all legal relations relating to the organization and conduct of the Event arise between the Service Provider and the User at the moment of concluding the Transaction. The User acknowledges and agrees that the Company shall not bear any obligations or liability relating to the organization, conduct, quality, or other conditions of the Event. Responsibility for the proper organization and conduct of the Event rests solely with the Service Provider in relation to the User.
4. The Transaction shall be deemed concluded upon payment of the Ticket price by the User.
5. The User acquires a Ticket by placing an Order.
6. To place an Order, the User shall perform the following actions:
  1. Select the Event on the Website;
  2. Provide the information requested by the Company when placing the Order, which must be accurate, true, and corresponding to reality;
  3. Confirm the accuracy and truthfulness of the information entered and place the Order by clicking the “Continue” button, after which the Order shall be deemed confirmed.
7. An Order shall be considered duly placed once the User completes the required fields on the Website, confirms their intent to purchase a Ticket, thereby acknowledging acceptance of these Terms.
8. The Company shall confirm receipt of the Order by sending a corresponding notification to the electronic mail address provided by the User at the time of placing the Order, including in cases where the Order is placed using the User’s bank card and/or Idram, TellCell, or other available electronic applications or platforms. If the Order is placed via delivery, the Company shall confirm the Order by sending a notification to the User’s phone number made available to the Company at the time of placing the Order.
9. From the moment of acquiring the Ticket, the User shall be deemed to have been informed of the terms, restrictions, and other rules regarding the organization and conduct of the Event posted on the Website and undertakes to comply with them.
10. The Company shall not be liable for any issues arising from the provision of incorrect or incomplete information provided by the User, including, without limitation, the failure to receive a Ticket due to an incorrect email address, contact information, or payment details.
TICKET PAYMENT PROCEDURE
1. The available methods of payment for Tickets are specified on the Website, which the User shall review at the time of placing the Order, prior to its confirmation.
2. Payment may only be made using the payment methods available on the Website. The Company shall not be liable for any technical malfunctions, delays, or rejections of the payment system if such issues are caused by a third-party such as payment institution.
3. If the User fails to make payment for a Ticket using the selected payment method, the Ticket shall be considered unsold, and the Order shall be deemed cancelled.
4. A Ticket shall be deemed sold to the Buyer only upon receipt of the corresponding payment.
5. The User shall be responsible for the legality of the funds credited to the Company’s account. In the event that a claim is made by third parties to the Company or another organization regarding the legality of the credited funds, or if funds are subject to forced return, the User shall indemnify the Company for any losses incurred, up to the amount of the reclaimed funds. The Company shall not be liable for payments made using stolen or unauthorized cards.
6. The Service Provider may establish free admission for persons of a certain age or other participation restrictions for a specific Event. The User acknowledges and agrees that the conditions for participation in the Event are determined solely by the Service Provider, the organizer of the Event, and that the Company makes this information available only to the extent provided by the Service Provider.
TICKET REFUND PROCEDURE AND SPECIAL CONDITIONS
1. Purchased Tickets may be refunded or exchanged no later than two (2) days prior to the start of the Event and only upon presentation of a document evidencing payment (e.g., fiscal receipt, payment confirmation certificate, etc.). The return of delivered Tickets is possible within the specified period solely upon presentation of the fiscal receipt.
2. Refunds shall be made to the same payment method used by the User to purchase the Ticket.
3. If the User does not use the Ticket voluntarily, due to unwillingness to attend the Event or delay, the Ticket shall not be eligible for a refund.
4. The Service Provider may establish specific refund conditions for Tickets to a particular Event, including the possibility of non-refundable Tickets. In the event of cancellation of an Event, the specific refund conditions and/or restrictions established for that Event shall apply.
TICKET DELIVERY AND HANDOVER PROCEDURE
1. The User may receive the Ticket by one of the following methods:
  1. Electronically;
  2. By delivery;
2. Receipt of the Ticket electronically:
  1. When received electronically, the Ticket shall be sent to the electronic mail address provided by the User to the Company. The Company shall send a notification containing a QR code identifying the Ticket. This notification constitutes proof of receipt of the Ticket by the User. In cases where the Ticket is purchased by a third party on behalf of the User, the Ticket shall be deemed received by the User at the moment the notification is sent to the electronic mail address provided to the Company by such third party. The QR code serves as evidence that the Ticket belongs to the User (the person who received the QR code).
  2. In the case of receiving Tickets electronically, the evidence confirming the purchase shall include the electronic Ticket (including the QR code identifying the Ticket), the notification sent to the User’s electronic mail address confirming receipt of the Order, and the proof of payment issued by the bank or other payment system through which the payment was made.
3. Receipt of the Ticket by Delivery;
  1. The delivery address for the Ticket shall be the address provided by the User on the Website or communicated to the Company by any other means of communication.
  2. The Ticket shall be handed over to the User upon presentation of the notification sent by the Company to the User, confirming that the Order has been placed and the Ticket price has been paid. The presence of such notification shall serve as the basis for the Company’s delivery agent to hand over the Ticket to the User at the delivery location.
  3. In cases where the Ticket is purchased by a third party on behalf of the User, the person receiving the Ticket at the address provided to the Company during the Order placement process by the third party shall unconditionally acknowledge that they are acting on behalf of the User and are the proper recipient of the Ticket. In such cases, the requirement to present the documents specified in clause 7.3.2. to the delivery agent shall not apply.
4. Any person placing the Order acknowledges that, based on the information provided to the Company, the person receiving the Ticket at the specified address during delivery by the Company’s delivery agent shall be deemed an authorized recipient.
  1. The Ticket shall be considered received by the User/the entitled person at the moment it is physically handed over to the User/the entitled person.
  2. In the case of delivery, the document confirming the purchase of the Ticket, namely the fiscal receipt, shall be provided to the User on-site immediately after the Ticket is handed over.
5. The Company shall not, under any circumstances, be liable for any damages incurred by the User as a result of the QR code, Identification Code, or physical Ticket becoming known to third parties, being transferred, or otherwise used.
6. From the moment the User receives the Ticket, the delivery service shall be deemed properly provided by the Company and accepted by the User.
7. Delivery of Tickets by the Company shall be carried out free of charge within the city of Yerevan, and on a paid basis in other regions (the delivery fee shall be specified on the Website at the time of payment). The Company may establish that delivery is unavailable in certain regions, of which the User shall be informed when placing the Order, prior to its registration and confirmation.
8. In cases where the User does not accept the Ticket after receiving notification from the Company (by message, phone call, or otherwise) on two separate occasions, the Order shall be deemed cancelled.
9. In cases where Tickets are delivered to unauthorized persons due to inaccurate, incomplete, or false information provided by the User to the Company, the User shall bear full responsibility for any negative consequences arising therefrom.
EVENT CHANGE AND CANCELLATION
1. Any changes to the Event, including but not limited to postponement, cancellation, or changes to the venue or time, shall be made exclusively by the Service provider.
2. The Company undertakes, upon receiving the relevant information from the Service provider, to notify the User as soon as possible by sending a message to the User’s electronic mail address provided to the Company or by phone call.
3. In the event of postponement and/or a change to the venue or time of the Event, the Ticket purchased by the User shall remain valid for the newly scheduled date, venue, and time, unless otherwise specified by the Service provider. In the event of cancellation of the Event, the return of Tickets and reimbursement thereof shall be carried out in accordance with these Terms and the rules established by the Service provider.
4. The Company shall not be liable for any changes to the Event, including but not limited to postponement, cancellation, or changes to the venue or time, made by the Service provider, and/or for any damages incurred by the User as a result thereof (including travel expenses, lost opportunities, and other costs).
5. The Company shall not be liable if the User fails to review the information regarding changes to the Event posted on the Website, or in cases where such information is not received by the User due to incorrect or incomplete electronic mail address and/or other contact details provided by the User to the Company.
USE OF GIFT CARDS AND ACCOUNT BALANCES
1. This section of the Terms establishes the general rules and conditions for the activation and use of the Company’s Gift Cards, as well as for the use of the User’s Account Balance
2. By purchasing a Gift Card, the User represents and warrants that they have read and understood the rules and conditions set forth herein. If the Gift Card is used by other persons (including the User’s family members and/or any other third parties), the User represents and warrants that such persons also accept these Terms and Conditions regarding the use of Gift Cards.
3. The User may purchase a Gift Card through the Website by accessing the main page and clicking on the “Order Gift Card” button.
4. The User may use the Gift Card by accessing their “Personal Account” and clicking on the “Recharge Account” button.
5. The Gift Card may be used to purchase Tickets for any Event listed on the Company’s Website.
6. The Gift Card may only be used to make purchases up to the value of the Gift Card or its remaining balance. However, if the purchase amount exceeds the value or remaining balance of the Gift Card, the difference may be paid using any other available payment method.
7. Gift Cards issued by the Company on or after January 1, 2026, and the funds/remaining balance contained therein may be used within one year (the “Validity Period”). The Validity Period applies to Gift Cards purchased both before and after January 1, 2026. Gift Cards issued after January 1, 2026, may have a different Validity Period, in which case the Validity Period indicated on the Gift Card shall apply.
8. Gift Cards cannot be exchanged for any payment instrument, cash, or discount.
9. The rules set forth herein for Gift Cards shall also apply to the use of points available in the Account Balance. The points in the Account Balance may be used within one year following their accrual (or replenishment) up to the corresponding amount.
USER’S PERSONAL DATA
1. For the purposes of this section, information about the User includes:
  1. Standard data automatically collected when accessing the Company’s Website (such as the host IP address, the address of the requested resource, the User’s operating system type, the page of the Internet address, and similar information);
  2. Data from electronic forms voluntarily completed and submitted by the User to the Company when registering on or using the Website (including, without limitation, account information, addresses, mobile phone numbers, as well as information regarding the User’s actions that reflect their personal preferences regarding the Website’s resources, such as “like,” “share,” and similar interactions);
  3. Information obtained from the User’s Personal Account.
2. nformation about the User collected, stored, and processed by the Company shall be considered restricted-access information.
3. Additional terms regarding the collection, storage, protection, processing, and dissemination of User information may be established by the Company through official documents and/or partnership agreements.
4. By accessing the Company’s Website and using the services, the User confirms that:
  1. They consciously use the Website on their own behalf and provide accurate information about themselves, including in cases where such information is required for registration, access, or use of the Website;
  2. They have read and understood these Terms, which regulate the security of personal data:
5. By providing their personal data to the Company, the User gives consent for the Company to collect, process, store, transfer, remove, or block such data, enabling the User to access the Website’s content, register on it, and utilize any available functionality.
6. In cases where the User provides third-party data while using the Services, the User confirms that they have obtained consent from such third parties for the processing of their personal data, or that the User is authorized to act on behalf of such third parties.
7. The User consents to the Company transferring information about the User to other companies and individuals with whom the Company has contractual relations and to ensuring the processing of such data by them.
8. By agreeing to these Terms, the User acknowledges that the Company cannot verify the accuracy or authenticity of the information and data provided by the User. Consequently, the User bears full responsibility for any inaccuracies, including false or misleading information.
9. The User’s data shall not be published, transferred, or otherwise made available to third parties without the User’s consent, except for the Service provider and specialists and/or employees involved in the provision of the Services, who are themselves obligated not to disclose the data made available to them.
10. The Company undertakes to use the User’s data exclusively within the scope of providing the Services. The Company further undertakes to promptly inform the User if their personal data becomes accessible to third parties independently of the Company’s actions.
11. By using the Company’s services, the User consents to the use of the information provided by them for sending notifications, messages, and/or announcements related to the Company’s activities.
  1. The Company is entitled to send informational and promotional messages to the User and other individuals whose data has been entered into the Company’s Website by the User and/or other persons, either to the email addresses provided on the Website or via the phone numbers provided on the Website. By using the Services, the User consents to receiving such messages and guarantees that any individuals whose information they have entered into the Website have also provided their consent to receive such messages.
DEACTIVATION OF PERSONAL ACCOUNT
1. Each User has the right to deactivate their Personal Account, for which they must submit a written request to the Company. Such a request may be submitted either in paper form or electronically, by sending the corresponding request to the Company’s official email address indicated on the Website.
2. The request must be signed by the User.
3. In any case, when a User deactivates and/or deletes their Personal Account, the obligations of the Company set forth in Section 10 of these Terms, regarding the protection of the User’s personal data, shall remain in effect.
4. The Company has the right to suspend, restrict, and/or block a User’s access to the Website if, in the Company’s opinion, the User’s activity poses a threat to the Website and/or other Users and/or third parties, or if the User violates these Terms or any other requirements established by the Company.
COMMUNICATION BETWEEN THE COMPANY AND THE USER
1. Communication between the User and the Company may be conducted either in writing or verbally. The User acknowledges that the email address, postal address, and phone number provided to the Company are considered proper means of communication. Any notifications, information, or other communication sent to the phone number provided by the User are deemed properly delivered/communicated. In the case of sending a message via email, it is considered received starting from the next business day after it has been sent.
2. The User is obliged to inform the Company of any changes to their email address, postal address, or phone number, and provide the updated information. Otherwise, any notification/message and/or delivery of Tickets sent to the updated contact information, of which the Company was not notified, shall be deemed properly delivered.
PROCEDURE FOR DISPUTE RESOLUTION
1. Any disputes arising between the Parties that cannot be resolved in accordance with the procedures set forth in these Terms shall be submitted to the jurisdiction of the Civil Court of First Instance of Yerevan.
2. All legal relations between the Parties under these Terms, including matters concerning the scope, interpretation, performance, non-performance, or improper performance of the Parties’ rights and obligations, their termination, nullification, and related consequences, shall be governed by the laws of the Republic of Armenia.
THIRD-PARTY PRODUCTS, WEBSITES, AND ADVERTISEMENTS
1. The Website may contain links or hyperlinks to other websites, as well as articles, photographs, images, products, graphics, audio and video content, information, software, and other materials that are posted by or belong to third parties. The Company does not represent such third parties, has not verified the completeness, accuracy, or authenticity of the materials they provide, and bears no responsibility for their content or for links to other websites posted on the Website.
2. The Company shall not be liable for any services, products, or works offered or provided by third parties through the Website.