Ticketmaster General Purchasing Terms

VERSION: April 2015

General

Contract

Prices and fees

Cancellations

Tickets

Event

Refunds

Liability

Admission and Attendance

Queries and Complaints

Miscellaneous

General Conditions (version May 2014)

 

Our goal at Ticketmaster Spain S.A.U., a company registered in Spain, with tax identification number A60905486, registered office at Calle Pallars, 193, Edificio @ Mar, Planta 10, 08005 Barcelona, and entered in the Companies Register of Barcelona, sheet B-1332569, Volume 43102, Folio 166  (“we”, “us”, “our”, “Ticketmaster”) is to make your purchasing experience easy, efficient and equitable, so we can get you on your way to live events as quickly as possible. These General Purchasing Terms are designed to ensure your satisfaction and understanding of the purchase process on ticketmaster.es. These General Purchasing Terms also incorporate our Terms of Use of the website by this reference. These will be available for you to read, file or print in Spanish, Catalan or English at www.ticketmaster.es. We will also answer any queries in relation to the General Purchasing Terms and the Terms of Use of this website on the forms you are provided with and/or by email legal@ticketmaster.es.

Ticketmaster is an online purchasing service, available 24 hours a day and allowing you to conveniently purchase online from your computer tickets to all kinds of shows and events.

Through its site www.ticketmaster.es, Ticketmaster provides you with an advance ticket sales service, allowing the public and users to buy tickets, managing their distribution for and on behalf of the promoter.

In this section you will also find all necessary information about the steps the user must take to buy a ticket to an event or show, the terms and conditions, the refund policy, etc. Ticketmaster provides you with its website in Spanish, Catalan and English. The user may select the preferred language to process and complete the purchase of tickets or simply select the preferred language to navigate www.ticketmaster.es at any time.

Please refer to our Privacy Policy for all matters relating to processing of the user’s personal information.

By using the Site, you become a user and agree to be bound by the provisions of these General Purchasing Terms and the Terms of Use as posted by Ticketmaster at the time of the user’s access to the site.

You declare as user that you have full legal capacity to act and enter into contracts on the website on the terms set out below, which you declare that you understand and accept.

The user shall be responsible for providing accurate user information in the purchasing processes established on the Ticketmaster site and must be particularly careful when providing bank and personal information.

Ticketmaster agrees, subject to its privacy policy, to keep the information included in the filing systems confidential and use that information for the purpose for which the filing systems were set up, and to fulfil its duty to store that information and put in place all measures to prevent the unauthorised alteration, loss, processing or access as provided for in the personal data protection laws in force for the time being. The user’s provision and submission of information on the Ticketmaster website or the information submitted by the user shall be protected by state-of-the-art electronic security techniques for websites. In addition, the information supplied and stored in our databases is similarly protected by security systems preventing unauthorised third-party access to the same. Ticketmaster uses its best efforts to have the latest systems in place in order for these security systems to be effective.

The ticket sales service is provided at a cost, and the user can check the website for all information on the price of each ticket at all times. The information service offered at the website is free of charge.

Ticketmaster’s mission is to provide promoters and the general public with a ticket purchase channel but at no time acts as a promoter of the event or show.

1. General

1.1 We sell tickets and associated products and/or services on behalf of promoters, producers, teams, performers and venues. We refer to these parties who organise or provide the event and/or from whom we obtain tickets and/or associated products or services to sell to you as our “Promoter” or “Promoters”.

1.2 We sell tickets as and when allocated by Promoters. The quantity of tickets made available for sale by us vary on an event by event basis. Tickets are generally sold through several distribution points, including online, call centres and, in some cases, box offices. All distribution points access the same ticketing system and inventory and therefore tickets for popular events may sell out quickly. Occasionally, additional tickets may be available prior to the event; however Ticketmaster does not control this inventory or its availability.

1.3 For some events, Promoters allocate Platinum Tickets for sale by us. Platinum Tickets are premium tickets at market driven prices, which are usually higher than their face value. Platinum Tickets do not include any additional benefits such as merchandise.

1.4 For some events, tickets may be sold as part of a “Package” (where a ticket for an event is sold together with concessions, merchandise or other valuable benefits such as exclusive seating arrangements, accommodation, transport, dining or merchandise as an inclusive package at an inclusive price) or with an “Upsell” (where, in addition and separately to a ticket, a customer is given an opportunity to purchase car parking, merchandise, travel, etc).

1.5 In these General Purchasing Terms, we refer to any products and/or services offered for sale by us (such as tickets, Platinum Tickets, Packages and Upsells) as “Items”. Any reference to a ticket includes (where relevant) a Platinum Ticket. To purchase Item(s) from us, you must be 18 or over and have a valid credit/debit card issued in your name.

You declare as user that you are of legal age (over 18) and have the necessary legal capacity to purchase the services offered by the providers on the website, on the terms set out below, which you declare that you understand and accept.

Purchases by minors shall require the consent of parents or guardians in order for the purchased service to be enjoyed. The user shall be solely responsible for the truthfulness and accuracy of the information provided to Ticketmaster in the booking process.

1.6 Our General Purchasing Terms do not apply to any purchases made via Groupon. If you have any queries or complaints regarding your purchase of tickets from Groupon, please contact them directly. We act as Groupon's fulfilment partner.

2. Contract

2.1 Any purchase of an Item from us is subject to: (i) these General Purchasing Terms; (ii) any special terms and conditions which may be displayed on our website; and (iii) the terms and conditions of the Promoter(s) and/or event, which can be found on their respective websites. Venue terms and conditions may also be available at the venue box office.

2.2 Your contract for purchase of an Item starts once we have confirmed your purchase and ends immediately after the completion of the event for which you have purchased the Item, save that, if you have purchased any product as an Upsell, your contract for the purchase of such product will end fourteen (14) days after the date of delivery of the product to you. All purchases are subject to payment card verification and other security checks and your transaction may be cancelled if it has not passed our verification process

2.3 You agree not to obtain or attempt to obtain any Items through unauthorised use of any robot or other automated device or any other illegal or unauthorised activity. We reserve the right to cancel any transaction which we reasonably suspect to have been made in breach of these provisions without any notice to you and any and all Items purchased as part of such transaction will be void.

2.4 We reserve the right to cancel bookings which we reasonably suspect to have been made fraudulently.

2.5 How to buy tickets.

In order for purchase of your tickets to be as easy as possible, we offer different ways for you to do so:

  • Online
  • By mobile
  • By telephone
  • At the Retail Network
  • At kiosks
  • At the venue Points of Sale and Collection
  • Using the “La Caixa” ServiCaixa ATMs

Online ticket sales

If you buy your tickets online, not only will you save having to queue up, but you will also be able to view your purchase history at any time and in some cases you will also be able to print tickets easily at home. You can check the different ticket collection options we offer.

Telephone ticket sales

If you want to buy your tickets using our telephone service, all you have to do is dial 902 15 00 25 and tell the operator which event you are interested in. Remember to have your credit card handy and a contact telephone number. At the end of the buying process, the operator will provide you with a reference number which you must present together with the credit card for ticket collection.

Retail Network

You may buy your tickets or collect tickets you have purchased online or using our telephone system at our retail outlets.

You can pay in cash and with credit and debit cards at specified outlets. We currently have over 1000 retail outlets in our network. Please check our list of retail outlets In order to find the outlet closest to you.

Note: Please make sure that the service is available for the event you are buying.

Kiosks

We have a network of kiosks located at certain points of sale at which you may, in addition to collecting the tickets you have previously bought online or by phone, buy tickets. You may only buy at those kiosks using a card. Please check our list of Kiosks.

Note: Please make sure that the service is available for the event you are buying.

Venue Points of Sale and Collection

You will find them at the entrance to venues where this type of sale is allowed. You will be able to pick up the tickets at the same point.

Note: Please make sure that the service is available for the event you are buying.

2.6 Payment methods

Telephone or online purchases:

We accept the following credit cards: Visa, Mastercard and American Express, whatever the issuer and the type (credit/debit) may be.

The ticket sales system uses a secure server and state-of-the-art encryption technology. Click here for more details about our security policy.

Notice: Our system does not accept payments using virtual cards because ticket collection requires that the card used to complete the purchase be presented together with a valid ID for the card (National Identity Document or passport).

Retail outlet purchases:

Payment at retail outlets is usually made in cash, but some centres accept card payment. We recommend that you check the terms of purchase before going to the point of sale.

2.7 Review your purchase

You can make sure that the purchase has been successfully completed by going to “Tickets pending collection“. You may need the card you used to complete the purchase.

If your purchase was properly completed, you will receive email confirmation with detailed information on the purchase you have just made. This email might not reach your “Inbox” because some internet service providers detect it as spam. We would recommend that you always check the “Junk Email” folder. If your purchase was completed by phone, you will not receive this confirmation.

2.8 How do I pick up my tickets?

Once you have completed your purchase and received the email confirmation, your tickets will be ready for collection. We will specify both during checkout and in the email confirmation the options available for you to pick up your tickets. You can also check Tickets pending collection with the card used for your purchase. We recommend that you pick up your tickets in advance.

Please check our pickup options.

2.9. Delivery

We aim to dispatch tickets as soon as possible. We are not able to specify the exact dates of dispatch, as the arrangements for dispatch depend on when we are in possession of the tickets to a particular event. For some events, we receive tickets from our Promoters close to the event date.

Please allow as much time as possible for your tickets to arrive. If your tickets have not arrived five days before the event (or, if you are travelling, five days before you leave on your journey), please contact us. Please include your reference number and the name and postcode the booking is made under.

We post tickets to the billing address of the credit card. If the address in your booking does not correspond to that held by your credit card company, we may cancel your tickets.

We reserve the right to make tickets available for collection by you at the venue box office. We will notify you by telephone or email of the arrangements for collection (using the details provided by you at the time of ordering) if this becomes necessary. You may be required to provide your booking confirmation email and your photo ID to collect tickets.

Any and all products and/or services included in a Package or sold as an Upsell are provided and fulfilled by our Promoters, who are responsible for the delivery and the quality of such products and/or services. If you have any queries or complaints regarding the Upsell and/or the non-ticket element of the Package, please contact the relevant Promoter directly. For contact details, please refer to the disclaimer on our website or to the booking confirmation email.

3. Prices and fees

3.1 Purchases from us may be subject to a per-Item service charge and a non-refundable per-order delivery fee, but they will all be specified before the buying process begins.

3.2 If you are buying Ticketmaster Platinum Tickets, the following Special Provisions will apply in addition to the other General Provisions. In the event of inconsistency between these Special Provisions and the General Provisions, the Special Provisions will take precedence when you buy Ticketmaster Platinum Tickets. Ticketmaster Platinum Tickets are only sold online through www.ticketmaster.es. The price of Platinum Tickets may vary as it is set according to demand at the time of purchase. You pay the price displayed on our website at the time you make your purchase but the price of similar Platinum Tickets may increase or decrease after you have made your purchase. You will not be entitled to a refund of the price difference if the price of similar Platinum Tickets falls after your purchase.

3.3 Please note that the price printed on Platinum Tickets is usually its face value rather than the purchase price. You will not be entitled to a refund on the basis that you have paid a higher price than the face value of the Platinum Ticket. Market-based pricing allows us to give fans access to the best tickets, whilst enabling Promoters to price tickets closer to their true value. The price paid for a Platinum Ticket represents its true value at the time of purchase. Ticketmaster Platinum Tickets are some of the best seats or tickets available for each event, so the numbers of available Ticketmaster Platinum Tickets may be very limited and can sell out quickly. Occasionally, additional tickets may be made available for sale before the event but Ticketmaster does not control this inventory or its availability. For details of any fees and other charges applied to your order of Ticketmaster Platinum Tickets, please look for information on the pages where the Ticketmaster Platinum Tickets are advertised.

3.4 Whilst we try to ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of any Item you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price (and credit or debit your account as applicable) or cancelling your order. If we are unable to contact you, you agree that we may treat the order as cancelled. If you choose to cancel the order after you have already paid the incorrect price, you will receive a full refund from us.

4. Cancellations

4.1 If you have purchased a ticket, a Platinum Ticket or a Package, you are not entitled to cancel your purchase. You are also not entitled to cancel any "Excluded Upsell", such as an Upsell which includes travel, accommodation, catering, transport or leisure services. A full list of Excluded Upsells is available in our cancellation information.

4.2 If you have purchased any product as an Upsell (other than an Excluded Upsell), you are entitled to cancel your transaction within fourteen (14) days of the date of delivery of the product (or during such longer period as may be specified in the Promoter's terms and conditions). You are not entitled to cancel your associated ticket purchase in such circumstances. To cancel your Upsell purchase, please complete and submit our cancellation form or contact us. Further details regarding your cancellation rights are set out in our cancellation information.

5. Tickets

5.1 Any ticket you purchase from us remains the property of the Promoter and is a personal, revocable licence which may be withdrawn, and admission may be refused at any time. If this occurs, you will be refunded the sale price of the ticket which has been withdrawn or for which access was refused (including the relevant per-ticket service charge but excluding the per-order handling fee).

5.2 Policies set by our Promoters may prohibit us from issuing replacement tickets for any lost, stolen, damaged or destroyed tickets. For example, for non-seated events, allowing a possibility of both the original and replacement tickets being used, the licensed capacity of the venue may be compromised. If replacement tickets are being issued, we may charge you a reasonable administration fee.

5.3 When you receive your tickets, please keep them in a safe place. We will not be responsible for any tickets that are lost or stolen. Please note that direct sunlight or heat can sometimes damage tickets. The ticket must be kept in a dry place, away from heat, without any contact whatsoever with plastics or magnetic fields.

5.4 It is your responsibility to check your tickets; mistakes cannot always be rectified, although we will inform you before the purchasing process begins about the technical means at your disposal to identify and rectify mistakes in the provision of information.

5.5 You have a right only to a seat of a value corresponding to that stated on your ticket. We, the venue or the Promoter reserve the right to provide alternative seats (whether before or during the event) to those initially allocated to you or specified on the tickets.

5.6 Event Insurance

If you cannot attend the event, the Mondial Assistance Missed Event Insurance will provide you with a 100% refund of the amount paid for the ticket.

The Missed Event Insurance will cover you whenever you are unable to attend the event due to illness, travel delays, traffic accident or breakdown, termination of employment, etc. Click here for the terms and conditions of the Missed Event Insurance.

That insurance covers the total amount paid for the ticket up to a maximum. Click here to see the indemnity limit.

Restrictions

5.7 When purchasing tickets from us, you are limited to a specified number of tickets for each event. This number is included on the first purchase page and is verified with every transaction. This policy is in effect to discourage unfair ticket buying practices. Tickets may be restricted to a maximum number per person, per credit card and, for some events, a restriction may apply per household. We reserve the right to cancel tickets purchased in excess of this number without prior notice.

5.8 Tickets may be sold subject to certain restrictions on entry or use, such as restricted, obstructed or side view or a minimum age for entry. Any such restriction shall be displayed on our website or otherwise notified to you before or at the time you book the tickets. It is your responsibility to ensure that you read all notifications displayed on our website.

5.9 You may not resell or transfer your tickets if prohibited by law. In addition, Promoters may prohibit the resale or transfer of tickets for some events. Any resale or transfer (or attempted resale or transfer) of a ticket in breach of the applicable law or any restrictions imposed by the Promoter shall be grounds for seizure or cancellation of that ticket without refund or other compensation.

The unlawful resale or attempted resale of a ticket shall constitute an electronic fraud offence, pursuant to article 248 of the Criminal Code, punished with penalties of up to six years’ imprisonment, in connection with the use of this electronic payment system to purchase tickets, in any of the following events:

  • Providing false information about the buyer or the payment card number.
  • Using information relating to people other than the buyer.
  • Providing card numbers that do not match the buyer’s card.
  • Stealing other cardholders’ identity.
  • Using card numbers generated using computer software or similar algorithms.

Ticketmaster accepts no liability for tickets purchased at unofficial points of sale. Ticketmaster shall not be liable for potential price differences with other sales channels or outlets.

5.10 You may not combine a Ticket with any hospitality, travel or accommodation service and/or any other merchandise, product or service to create a package, unless formal written permission is given by us and the Promoter.

5.11 A ticket shall not be used for advertising, promotions, contests or sweepstakes, unless formal written permission is given by the Promoter, provided that even if such consent is obtained, use of our trade marks and other intellectual property is subject to our prior consent.

6. Event

6.1 It is your responsibility to ascertain whether an event has been cancelled or, where there has been a change, the date and time of an event. If an event is cancelled or rescheduled, we will use reasonable endeavours to notify you of the cancellation once we have received the relevant authorisation from the Promoter. We do not guarantee that you will be informed of such cancellation before the date of the event. Any changes occurring after the ticket sale start date, such as: rescheduling, change of venue, performers, cancellation of the event, etc., shall be the event Promoter’s exclusive responsibility.

Ticketmaster agrees, if there should be any change in an event or show, to:

a) Post changes on its website as soon as they come to its notice, in order for users to be duly informed.

b) Send a message to the email address or an SMS to the mobile telephone number provided by the user at the time of purchase informing about any such changes.

c) If the Promoter should decide to provide a money refund, Ticketmaster will inform the user of the procedure adopted by the Promoter to do so.

6.2 Please note that advertised start times of events are subject to change.

6.3 Tickets are sold subject to the Promoter's right to alter or vary the programme due to events or circumstances beyond its reasonable control without being obliged to refund monies or exchange tickets, unless such change is a material alteration as described in paragraph 7.4, in which case the provisions of this paragraph shall apply.

6.4 The Promoter shall be responsible for the standards of the event or show venue visibility, sound quality, comfort, accessibility, etc.

7. Refunds

7.1 Occasionally, events are cancelled, rescheduled or materially altered by the team, performer or Promoter for a variety of reasons. Contact us for exact instructions.

Once the ticket has been purchased, it shall not be exchanged and there will be no refund of the price other than in the events provided for in the laws for the time being in force.

The inability to attend an event or show or a mistake made in buying the ticket or tickets are not valid grounds to claim a refund. The user shall not be able to exercise the right to withdraw or terminate, in accordance with the retail and consumer laws for the time being in force.

7.2  Cancellation: If an event is cancelled (and not rescheduled), you will be offered a refund of the sale price of your ticket(s), including the relevant per-ticket service charge. If an event takes place over several days and one or more day(s) is/are cancelled (but not all the days constituting the event), a partial refund only may be payable corresponding to the day(s) cancelled.

Ticketmaster, as the distributor, may solely and exclusively proceed to cancel the tickets and therefore provide a money refund where it is expressly instructed to do so by the event and/or show promoter in the events of cancellation, rescheduling, etc.

7.3 Rescheduling: Unless indicated otherwise in relation to a particular event, if it is rescheduled, you will be offered seats (subject to availability) of a value corresponding with your original tickets. If you are unable to attend the rescheduled event, you will be offered a refund of the sale price of your ticket(s) including the relevant per-ticket service charge. You must inform us within the time specified by us if you are unable to attend the rescheduled event; otherwise we may reconfirm your booking for the rescheduled date and you will not be entitled to claim a refund.

7.4 Material alteration: If an event is materially altered, you will be offered an option to either reconfirm your order for the altered event or to claim a refund (of the sale price of your ticket(s) including the relevant per-ticket booking fee), within such time as specified by us. Failure to inform us of your decision may result in your order being reconfirmed by us for the altered event and you will not be entitled to claim a refund. A “material alteration” is a change which, in our and the Promoter's reasonable opinion, makes the Event materially different to the Event that purchasers of tickets, taken generally, could reasonably expect. The use of understudies in theatre performances and/or any changes of: (i) any supporting act; (ii) members of a band; and/or (iii) the line-up of any multi-performer event (such as a festival) shall not be a material alteration.

7.5 To claim your refund, please apply in writing to: Ticketmaster Spain S.A.U., Calle Pallars, 193, Edificio @ Mar, Planta 10, Edificio B, 08005 Barcelona (or to such other address as may be notified to you by us). You must enclose your unused tickets and comply with any other reasonable instructions from us. For accounting purposes your unused tickets must be received by us within 28 days from the date of the cancelled event.

You can check all the information regarding exchanges and cancellations of our events on the Exchanges and cancellations page.

In the event of cancellation, the refund may be made within fifteen days of the date on which cancellation of the event was publicly communicated. Beyond that deadline, no refund whatsoever will be accepted.

Telephone, online or ATM purchases:

The ticket price will be automatically refunded to the card* used for the purchase within approximately 3 to 15 business days. If you want to check the status of your purchase, please go to My Ticketmaster “Purchases”. (*The refund shall arrive within 3 to 10 business days of our notice to you. If you want to make sure that the refund has arrived, you should check the bank statement for the (debit or credit) card used for the purchase.)

Ticketmaster centre purchases:

Refunds for tickets purchased at Ticketmaster centres shall be claimed at the same point of sale where they were purchased.

7.6 If you have purchased from us any Item associated with an event which has been cancelled, rescheduled or materially altered (such as car parking or travel) and a refund of the ticket monies is due to you in accordance with this clause 7, then in addition to the purchase price of such Item purchased from us, we will refund the per-Item service charge.

7.7 These General Purchasing Terms do not and shall not affect your statutory rights as a consumer. For further information about your statutory rights, contact the Spanish Agency for Consumer Affairs, Food Safety and Nutrition (AECOSAN).

7.8 Unless paragraphs 7.2, 7.3 or 7.4 apply, tickets cannot be exchanged or refunded after purchase.

8. Liability

8.1 Personal arrangements including travel, accommodation or hospitality relating to the Event which have been arranged by you are at your own risk. Neither we nor the Promoter(s) shall be liable to you for any loss of enjoyment or wasted expenditure.

8.2 Ticketmaster and the Promoter will only be liable for any bodily injuries and property damages and losses where they are due to wilful misconduct or negligence for which it is answerable by law..

8.3 Nothing in these General Purchasing Terms seeks to exclude or limit our or the Promoter(s)’ liability for death or personal injury caused by our or the Promoter(s)' (as relevant) negligence, fraud or other type of liability which cannot by law be excluded or limited.

9. Admission and Attendance

9.1 The venue reserves the right to refuse admission should patrons breach any terms and conditions of the event or Promoter. The venue may on occasions have to conduct security searches to ensure the safety of the patrons. The ticket or tickets are issued in accordance with the rules and regulations of the venue and the event Promoter. Full details will be available to the user at the venue box office. The breach of any of those rules and regulations, or any other action potentially causing a damage, loss or harm, shall entitle the venue or the event Promoter to expel the user from the venue. In any case, Ticketmaster recommends and refers the buyer to the rules established in each case and for each event by the Promoter of the specific event or show from time to time.

9.2 Every effort to admit latecomers will be made at breaks in the event, but admission cannot always be guaranteed.

9.3 There will be no pass-outs or re-admissions of any kind.

9.4 The unauthorised use of photographic and recording equipment is prohibited. Any photos, videos and/or recordings may be destroyed or deleted. Laser pens, mobile phones, dogs (except guide dogs) and a patron's own food and drink may also be prohibited (please check with the venue).

9.5 You and other ticket holders consent to filming and sound recording as members of the audience.

9.6 Prolonged exposure to noise may damage your hearing.

9.7 Special effects which may include, without limitation, sound, audio visual, pyrotechnic effects or lighting effects, may be featured at an event.

10. Queries and Complaints

10.1 If you have any queries or complaints regarding your purchase, please contact us, quoting your order number given to you at the conclusion of placing the order.

10.2 Because we sell Items on behalf of Promoters, we may need to contact them for more information before responding to your complaint. Some complaints can take up to 28 days to resolve, but we will get back to you as soon as possible.

10.3 If any dispute arises, we shall use our reasonable endeavours to consult or negotiate in good faith, and attempt to reach a just and equitable settlement satisfactory to you, us and the Promoter.

11. Miscellaneous

11.1 All of these terms and conditions are governed by Spanish Law and any disputes arising out of any transaction with Ticketmaster are subject to the exclusive jurisdiction of the Spanish Courts.

11.2 These General Purchasing Terms and the general contract provisions hereof together with the specific provisions established, if any, expressly regulate the relationships arising between Ticketmaster and third parties (hereinafter “users”) purchasing through the website www.ticketmaster.es.

11.3 These General Purchasing Terms have been drawn up in accordance with the provisions of Information Society Services and Electronic Commerce Act 34/2002, 11th July, General Contract Terms Act 7/1998, 13th April, Legislative Royal Decree 1/2007, 16th November, approving the consolidation of the General Consumer and User Defence Act and other ancillary laws, and Retail Act 7/1996, 15th January, and such other legal provisions as may apply.

11.4 If any clauses in these general terms should be ruled to be fully or partially invalid or ineffective, that invalidity or ineffectiveness shall only affect that clause or such portion thereof as shall be invalid or ineffective, and the general terms shall otherwise subsist, taking any such clause, or the affected portion thereof, as not having been included.

 

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