These Terms set out the basis on which We provide the Functions to You and grant You a non-exclusive licence to use the Services. Terms defined shall take the meaning given to them in clause 13.
We operate a social marketplace that allows You to buy and sell Tickets using the Services and chat with other users.
If You are:
- Finder please see ‘Part 1 – Finders’; or
- Seller please see ‘Part 2 – Sellers’; or
below for details of the Functions and specific terms and conditions relating to Our dealings with You.
By setting up an Account and accessing any part of the Services You warrant that You are at least 18 years old and legally capable of entering into binding contracts and agree to be bound by these Terms in Your personal capacity. You agree that all persons who access the Services through Your internet connection are aware of them.
Setting up an Account and Accessing the Functions
To access the Functions, You must set up an Account using a unique username and password and understand that by doing so, You will be providing Us with the Details which You warrant are true and accurate in all respects. We strongly recommend that You create a ‘strong’ password using a combination of uppercase and lowercase letters, numbers and symbols and keep it personal to You. You must not set up more than one Account and where We reasonably deem that You have done so, We may delete any duplicate Accounts.
You are responsible for ensuring that You have access to the Services and for any activities carried out via Your Account. Please read the Terms carefully as they affect Your rights and liabilities under the law. If You do not agree to be bound by the Terms You should not create an Account and access or use the functions of the Services. If You have any concerns that Your Account may have been breached by an unauthorised third party, You must notify Us immediately.
We may update these Terms from time to time for any reason including but not limited to legal or regulatory reasons or to allow the proper operation of the Services. Any changes will appear in the Terms and apply to the use of the Services thereafter. If You do not wish to accept the new Terms You should not continue to access or use the functions of the Services. If You continue to access or use the functions of the Services after the date on which the changes come into effect, Your use of the Services indicates Your agreement to be bound by the new Terms.
We may temporarily or permanently modify or withdraw the Services (or any part thereof) with or without notice to You and confirm that We shall not be liable to You for any modification or withdrawal of the Services.
References to the Services include any current or future version of the Services.
Use of the Services
The details, descriptions and prices appearing on the Services at a particular time are influenced by You and may therefore not always reflect the accurate position exactly at the moment You view them. Where the Services contains links to websites, applications and resources provided by third parties, these links are provided for Your information only and We have no control over them.
We do not represent, undertake or warrant that access to the Services or any part of it shall be uninterrupted, reliable or fault free.
If You experience anyone acting suspiciously in their use of the Services, or if You have any reason to believe that any Ticket(s) being sold between are in breach of any of these Terms, please contact us at firstname.lastname@example.org and We shall investigate and take any action that We deem appropriate at Our absolute discretion.
Linking to the Services
You may link to the Services, provided You do so in a way that is fair and legal and does not damage Our IP Rights, reputation or take advantage of it or otherwise in such a way as to suggest any form of association, approval or endorsement on Our part where none exists.
The Services must not be framed on any website or mobile application.
We reserve the right to withdraw linking permission without notice.
If You wish to make any use of content on the Services other than that set out above, please contact Us.
Contributions and Standards
Any content posted expresses only the views of the author of the message and does not necessarily reflect Our views or those of any other person or entity. Any content posted is moderated; however, considering the real-time nature of the comment facility, it is impossible to monitor or review every comment and therefore, You agree that neither We nor any person or entity associated with Us, will be held responsible for the contents, accuracy, completeness or validity of any information posted.
We have the ability to edit and/or remove objectionable Contributions and for any reason whatsoever. You agree that You are solely responsible for all Contributions and that you will indemnify Us with respect to any claim based upon the appearance and/or transmission of Your Contributions.
In the event of any complaint or legal action arising from any Contribution, We reserve the right to reveal Your identity and any other information We may know about You.
You may use the Services only for lawful purposes. You may not use the Services:
- in any way that breaches any applicable local, national or international law or regulation or encourages others to break any such law or has the purpose of doing so;
- to send, knowingly receive, upload, download, use or re-use any material which does not comply with the standards set out within this clause 5;
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation; or
- to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You agree that You may not:
- reproduce, duplicate, copy or re-sell any part of the Services;
- access without authority, interfere with, damage or disrupt any part of the Services, any equipment or network on which the Services is stored, any software used in the provision of the Services, or any equipment or network or software owned or used by any third party.
These content standards apply to Contributions, and to any interactive services associated with the Services. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any Contribution as well as to its whole.
- be in English; accurate (where they state facts); and genuinely held (where they state opinions);
- comply with applicable law in the UK and in any country from which they are posted;
- Contributions must not:
- contain any material which is defamatory of any person, profane, vulgar, obscene, sexually explicit, offensive, hateful, inflammatory or otherwise offensive in Our opinion;
- promote violence, discrimination, fraud or any other illegal activity;
- infringe any contractual agreement to which You are a party;
- be likely to deceive any person;
- be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
- be likely to harass, upset, embarrass, alarm or annoy any other person;
- infringe the privacy or confidentiality of any person or legal entity including (but not limited to) posting location and/or contact details of another person;
- be used to impersonate any person, or to misrepresent Your identity or affiliation with any person;
- promote business, including advertising or soliciting business;
- give the impression that they emanate from Us, if this is not the case;
- advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse;
- be otherwise persistently abusive, threatening, repeatedly a cause of nuisance or annoyance or otherwise illegal towards other users; or
- promote the use of a different payment method other than the Payment Platform available via the Services.
Before posting Contributions which contains an image of another person(s); property owned by another person(s); and/ or reference to another person which might be used to identify them (either alone, or in combination with any other content), You must get that person's consent before You post it.
Chat and Interactive Services
The use of any of Our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.
We may operate automated or manual moderation features which may block or modify content, as is deemed appropriate or necessary and at Our (or the automated systems) absolute discretion based on:
- specified words or phrases;
- email address, domain, member ID or IP address;
- size or type of attachments;
- breach of the content standards set out above; or
- the use of any third party payment processors other than those facilitated through the Services.
We reserve the right to edit or delete any content for any reason whatsoever, at Our sole discretion. You agree that You are solely responsible for the content of posts and comments and other content posted via Your Account, and that You will indemnify us with respect to any claim based upon the appearance and/or transmission of Your content.
Should You find any content that You feel is inappropriate or not in line with these Terms, please let Us know immediately. Upon receipt of such notification, We will make every effort to take such action as We deem necessary within a reasonable period of time. Since this is a manual process, You are advised that We may not be able to remove or edit particular content immediately but if We agree that it should be removed, We shall do so although it may take one or more Working Days for the content to be removed.
The content of the Services and the material published via them is protected by IP Rights.
We do not lay claim to any content You submit and You continue to own all rights in that content. By submitting to or making available any content You agree to promise Us that You are permitted to do so (whether as owner of the IP Rights or authorised licensee) and grant us a perpetual, royalty-free, irrevocable, non-exclusive, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, make available to the public, and exercise all IP Rights with respect to the content worldwide and/or to incorporate Your contribution in other works in any media now known or later developed for the full term of any rights that may exist in Your content as We may require. You shall indemnify Us for any losses or damages suffered as a result of Your content breaching the IP Rights of any third party.
By submitting or making available any content, You also agree to waive all moral rights in that content. We may (without notice to You) grant the same or other rights in respect of Your content to third parties without payment to You and sell, distribute or otherwise publish Your content. If You do not want to grant Us the rights set out above, please do not submit Your content.
You may print one copy, and may download extracts, of any page from the Services for Your personal reference and You may draw the attention of others to provided You keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Services without written permission from Us.
Warnings, Suspension, Termination and Consequences of Termination
Without affecting any other right or remedy available to Us, We may immediately and at Our absolute discretion either deny, terminate, suspend or impose restrictions on the provision of Your Account and/or the Functions to You (or issue a warning to You), or cancel or remove any listings made by You by giving You notice if:
- We reasonably believe that You may or have breached any term of these Terms or (if such a breach is remediable and We provide You with the opportunity to do so) You have failed to remedy that breach within the period that We afford to You;
- We temporarily or permanently withdraw the Services;
- in Our reasonable opinion You have been the subject of a sufficient degree of negative feedback or complaints or We believe that You may adversely affect Our reputation or are not of reputable standing;
- You are made bankrupt; or
- We cease to provide all or any part of the Functions.
- If You wish to terminate Your Account then please notify Us and We shall as soon as possible thereafter deactivate Your Account.
Termination in accordance with clause 6.1 shall not affect:
- any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach which existed at or before the date of termination; or
- the continuation in or coming into force of any term that either expressly or implication shall remain or come into force following termination.
- Upon termination We shall immediately cease to provide the Functions to You and to describe Ourselves as Your agent (where applicable).
We are responsible to You for foreseeable loss and damage caused only by Us. If We fail to comply with these Terms, We are responsible for loss or damage You suffer that is a foreseeable result of Our breach or Our failing to use reasonable care and skill, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, both We and You knew it might happen.
We shall not be liable to You in any way for the acts or omissions of any other user of the Services, including but not limited to where they are a Finder who do not pay You for the Tickets under a Contract or a Seller who does not send Tickets to You that You have paid for.
We make no warranties or representations as to the conduct of Finders and Sellers. In no event shall We be liable for any loss or damages whatsoever, whether direct, indirect, special, general, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of You or anyone else in connection with the use of Your Account or the Functions.
We do not exclude or limit in any way Our liability to You where it would be unlawful to do so. This includes liability for death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of Your legal rights in relation to the Functions.
In any event and to the greatest extent permissible by law, Our maximum liability to You for any loss or damage suffered arising out of or in connection with Your use of the Functions will be equivalent to any sums which You have paid to Us in cleared funds.
We are not liable for business losses. We only supply the Functions for private use. If You use the Functions for any commercial, business or re-sale purpose We will have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- If You are a Finder then You may raise a dispute in any of the following events (‘Finder Events’):
- the Tickets were not delivered by the agreed delivery date for whatever reason; or
- the Tickets were delivered late such that they could not be used for the prescribed event; or
- the Tickets that were delivered are not as described or not complete; or
- the Tickets were delivered but there was an issue with the Tickets such that they could not be used for the prescribed event,
and must notify Us within 2 Business Days of the occurrence of the Finder Event together with full particulars and evidence to substantiate the Finder Event together with the contact name and details of any third party (such as the venue of the event to which the Ticket related) who may be able to assist in backing You up. We reserve the right at Our absolute discretion to dismiss any dispute that is raised outside of the prescribed time period or where You fail to supply Us with sufficient evidence to substantiate the Finder Event.
As We are an agent and therefore not a party to the transaction, We have no capabilities to reverse a Contract and We therefore recommend that You follow the dispute resolution procedures (if any) made available via the Payment Platform.
If you are unhappy with any part of the Functions and have a complaint, You agree that You shall raise this with Us (indicating the level of priority) directly by email at email@example.com prior to taking any action with the courts. We will use Our reasonable endeavours to get back to You and anyone else concerned within 5 Business Days of receipt of the complaint, when We may request further details.
You will co-operate with Us at all times and comply with any requests by Us for information or clarification or investigation in relation to any dispute.
Where We find that You have made any fraudulent claims against a Finder or Seller, We reserve the right to charge You a reasonable administration fee to compensate Us for any time and expenses incurred in investigating such claim.
Where appropriate, You agree that We may pass all relevant information on to appropriate third parties in an effort to resolve the dispute, and You should then deal directly with any such third party in an effort to resolve the dispute as quickly as possible. For example, We may pass relevant information on to the dispute resolution team of the relevant Payment Platform in certain circumstances, who would adjudicate and may refund Finders where appropriate. We will use all reasonable efforts to address Your complaint and/or resolve any dispute that arises.
- All notices and communications required to be sent by You shall be made and sent by e-mail to firstname.lastname@example.org.
- All notices and communications required to be sent by Us shall be made and sent by e-mail to the e-mail address provided to Us as part of the Details or via instant message via the Services.
- If notice is given in accordance with this clause it shall be deemed to have reached the party to whom it is addressed on the next Business Day following the day of posting.
Force Majeure: Every effort will be made to carry out the effect of these Terms, but its due performance is subject to termination by Us or such variation as We deem necessary as a result of inability to or delay in performing any of Our obligations under these Terms if such delay or failure results from any cause, circumstance or event beyond Our reasonable control. We may extend the time for performance of Our obligations under these Terms by the period of any delay or otherwise terminate these Terms at Our absolute discretion if the event subsists for a period of 2 months.
Entire Agreement: This Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, warranties, representations and understandings (‘Representations’) between them whether written or oral, relating to its subject matter. In using the Functions in accordance with these Terms, You do not rely on, and shall have no remedies in respect of any Representations (whether made innocently or negligently) that are not set out in these Terms and have no claim for innocent or negligent misrepresentation or negligent misstatement.
Assignment and Other Dealings: These Terms are personal to You and You shall not without Our prior written consent transfer or grant rights over any of Your rights and obligations under them. We may without Your prior written consent transfer or grant rights over any of Our rights and obligations under these Terms.
Third Party Rights: No one other than a party to these Terms, their successors and permitted assignees, shall have any right to enforce any of its terms.
Waiver: No failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
Rights and Remedies: Except as expressly provided in these Terms, the rights and remedies provided under these Terms are in addition to, and not exclusive of, any rights or remedies provided by law.
Severance: If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms.
Law and Jurisdiction: These Terms shall be governed by and construed in accordance with the laws of England. Each party irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms.
In these Terms, the following words and expressions shall have the following meanings unless inconsistent with the context or otherwise specified:
- ‘Account’ means Your registration on any of the Services through which You may access the Functions.
- ‘App’ means the Vibe Tickets Application.
- ‘Business Day’ means any day which is not a Saturday or Sunday, or public holiday in England.
- ‘Contract’ means the transaction for the sale of Tickets from the Seller to the Finder.
- ‘Contributions’ means any and all material which are uploaded via Your Account.
- ‘Details’ means the personal details which You provide to Us, when You register with Us or which We gain access to via Your use of a Third Party Connector.
- ‘DPA’ means the Data Protection Act 1998 and any associated or subordinate data protection laws.
- ‘Finder’ means a user of the Services who wishes to find Tickets.
- ‘Functions’ means the functions which We facilitate through the provision of the Services, including but not limited to the ability to find or sell Tickets and chat to other users of the Services.
- ‘IP Rights’ means any copyrights, analogist rights, software (including source code) rights, database right, software, trade marks, know-how, technical information and other proprietary intellectual property rights.
- ‘Listing’ shall take the meaning given to it in clause 1.3(a).
- ‘Payment Platform’ means the secure payment platform(s) made available via the Services from time to time.
- ‘Price’ means the price of the Ticket as agreed between the Finder and the Seller.
- ‘Seller’ means a user of the Services who wishes to sell Tickets.
- ‘Services’ means the Website, App and any other digital application(s) or other media via which You can access the Functions from time to time.
- ‘Terms’ means these terms and conditions (including Parts 1 & 2) and any other policies or procedures accessible via the Services from time to time.
- ‘Ticket’ means any unwanted to additional ticket (or tickets) that the Seller wishes to sell in respect of an event.
- ‘VAT’ means value added tax applicable at the prevailing rate in the UK from time to time.
- ‘Vibe Fee’ means the transaction fee payable by the Finder to Us equivalent to 10% of the Price plus VAT.
- ‘Website’ means vibetickets.co.uk.
- ‘We’, ‘Us’, ‘Our’, ‘Ourselves’ means TheVibe Limited (company number 08466574 and VAT service number 189964429) and whose registered office is at Cotton Court, Church Street, Preston, Lancashire, PR1 3BY.
Part 1: Finders – Buying Tickets
As a Finder, Your purchasing of any Tickets through the Services are governed by this Part 1 and in making any purchases You warrant that You do so as an individual and not for any commercial purpose.
You agree and acknowledge that We merely provide the Services as agent, via which users may buy and sell Tickets and that We are not responsible for, nor a party to the Contract.
As a Finder, You may:
- post a listing requesting certain Tickets (‘Listing’) following which a Seller may make an offer to You to sell Tickets to You; or
- make an offer to a Seller to purchase Tickets, which they are looking to sell.
- You agree and acknowledge that the Contract shall be formed where:
- You accept any offer made by a Seller to You in accordance with paragraph 1.3(a); or
- a Seller accepts any offer made by You in accordance with paragraph 1.3(b).
We are not responsible for the accuracy or legitimacy of any Seller and the Ticket information posted by Sellers and it is Your responsibility to ensure that details of the Tickets listed correspond with the event that You are interested in, and to verify them. Potential steps that You may wish to consider include by checking venue location and details, event dates and times and the respective face value of the Ticket(s) in question before a Contract is formed.
We shall not be liable to You for any delay, omission or refusal of the Seller in issuing the Tickets. Both We and the Seller reserve the right to cancel or refuse any Ticket purchased which We or the Seller reasonably suspects to have been made fraudulently or through unauthorised use of any robot, spider or other automated device or any other illegal or unauthorised activity.
- Payment for the Tickets must only be made via the Payment Platform. You shall not, as a Finder make any payments of the Price directly to the Seller.
- You must pay for any Ticket(s) that form the basis of a Contract within 1 Business Day of entering into a Contract and understand that you have no right to cancel the Contract or change Your mind.
- You accept that as a Buyer You will be responsible for the following costs in addition to the Price:
- delivery costs, to be charged at the actual out-of-pocket cost (if any) to the Seller, which shall not exceed the standard scale of delivery charges set out via the Services based on the delivery method chosen by the Seller; and
- the Vibe Fee, payable per Ticket.
- We may alter the Vibe Fee payable by You from time to time so please be sure to check what the Vibe Fee is as at the date on which You make a Listing or an offer to a Seller.
Upon entering into a Contract, You shall be required to agree the delivery date with the Seller.
You acknowledge that the Seller shall be at liberty to select the applicable delivery method, from those which We make available for the Tickets via the Services from time to time. The Seller is only liable to make delivery of the Tickets to any addresses specified within the Details and appearing on Your Account.
You must check the Ticket(s) immediately upon receipt and report any issues to the Us in accordance with clause 11.
Using the Tickets
Any Ticket(s) You purchase will be subject to separate terms and conditions as set by the event organiser and/or the original ticket retailer. You agree and confirm that by purchasing any Ticket(s) via the Services You are accepting and agree to abide by all terms and conditions applicable to the ticket(s) and the event itself.
You must comply with all relevant statutes, safety announcements and venue regulations whilst attending the event to which the Ticket relates and notify any special requirements or concerns that You may have about the event to the event organiser as We will not be responsible for doing so on Your behalf.
We take no responsibility for any lost, damaged or stolen Tickets and We cannot issue duplicate ticket(s). Duplicates may be issued at the absolute discretion of the event organiser.
Possession of a Ticket does not confer any rights on You to use, alter, copy or otherwise deal with any of the IP Rights appearing on the Ticket. A Ticket cannot be used for advertising, promotions, contests or sweepstakes, unless formal written permission is given by the event organiser.
After you have purchased Tickets, it is Your responsibility to monitor the details of the event right up until the event takes place, as it is possible that dates, times, line-ups, locations etc may change.
You must report any issues experienced in using the Tickets to Us immediately in accordance with clause 11.
Event Cancellation & Alteration
If the event you have purchased Ticket(s) for is cancelled:
- if You are permitted to obtain a refund from the event organisers or the original ticket retailer directly, You should do so (less any applicable transaction costs);
- if You are not permitted to obtain a refund from the event organisers or the original ticket retailer directly, You agree to return the Ticket(s) to the Seller (at Your own cost) as soon as possible (taking into account how close in time the event is) to enable the Seller to claim a refund from the event organiser or the retailer that sold the ticket(s) to the Seller originally. The Seller shall only be obliged to pass on the full amount of any refund issued to them up to and including the proportion of the Price, which was received by the Seller, which shall not include the cost of any delivery, the Vibe Fee or additional charges or expenses incurred by You arising out of or in connection with the purchase of the Tickets.
- If the date of an event is changed, you can either:
- attend the event on the new date (in the event that the Ticket(s) remain valid); or
- exchange the Tickets for replacement tickets (in the event that the Ticket(s) are no longer valid) for the new date if required by the event organiser, which (if delivered to the Seller) should be sent to You via a delivery method mutually agreed between You and the Seller at Your cost; or
- seek a refund and follow the same process as that set out in paragraph 5.1(b) above,
- save that You shall not be permitted to cancel the Contract unless specifically agreed with the Seller.
- Where and to the extent that any costs or charges are incurred via making payments through the Patform, in the circumstances envisaged by this clause 5 You shall not be permitted to recover these.
Part 2: Sellers – Selling Tickets
As a Seller, Your sale of any Tickets through the Services are governed by this Part 2 and in making any sales You warrant that You do so as an individual and not for any commercial purpose.
You agree and acknowledge that We merely provide as agent, a platform via which users of the Services may buy and sell Tickets and that We are not responsible for, nor a party to the Contract. You shall not make contact with any Finders directly with a view to soliciting their business.
As a Seller, You may:
- post a listing of Tickets for sale following which a Finder may make an offer to You to buy the Tickets; or
- make an offer to a Finder to sell them Tickets, which they are looking to buy.
You agree and acknowledge that the Contract shall be formed where:
- a Finder accepts the Tickets at the price at which You have listed them; or
- You accept any offer made by a Finder to You in accordance with paragraph 1.3(a); or
- a Finder accepts any offer made by You in accordance with paragraph 1.3(b).
- By using the Services You understand that You are exclusively restricted to using the Functions and that You shall not use those of any third party (whether online or otherwise).
- We shall not be liable to You for any delay, omission or refusal of the Finder in purchasing and paying for the Tickets. Both We and the Finder reserve the right to cancel or refuse payment of any Ticket purchased which We reasonably suspect to have been listed fraudulently or through unauthorised use of any robot, spider or other automated device or any other illegal or unauthorised activity.
You agree that when listing Tickets, You will not provide false information or that which would misrepresent the Tickets to any Finder and you will provide all the information We request accurately, completely and honestly, together with all individual characteristics of the Tickets including details of the seat number(s), booking reference and whether the terms and conditions which apply to the Ticket(s) prohibit or restrict their sale in any circumstance or way, or could lead to the Finder being unable to use them. You shall also provide any additional information the Finder could reasonably expect to be given in relation to the Tickets (including the location(s) of multiple Tickets being sold together).
You warrant and represent that the Ticket(s) You offer for sale, list, sell and supply:
- are genuine, authentic and valid for the event specified on the Services;
- relate to an event that is located in the UK;
- are Yours to sell having being legally purchased by You and that no third party owns them or has any other rights over them;
- are held "in-hand" by You (for physical tickets) or have been received by You, retained and continue to be accessible (for e-tickets);
- are not in breach of any laws including the Criminal Justice and Public Order Act 1994;
- are not in breach of the terms and conditions relating to the Tickets; and
- do not require proof of ID for entry (other than to prove age for age-restricted events), and are not otherwise personalised in any way to You or any other third party.
Where You are selling the use of a Season Ticket/Card and expect the return of the Season Ticket/Card after its permitted use, You do so at Your own risk and You shall be wholly responsible for arranging the return after the relevant events have taken place. For the avoidance of doubt, We shall have no liability to You in any way for loss or damage arising out of the failed return of a Season Ticket/Card or any use resulting in its confiscation or revocation.
You agree and understand that where You are selling more than one Ticket, in the event that one of the Tickets is deemed invalid in any way, the Contract for the purchase of all of the Tickets shall be deemed to be void with the Finder entitled to a full refund.
You may only cancel or remove a listing in the event that You have failed to sell the Tickets within a period of 20 Business Days. You must immediately amend a listing in the event that You have made an error in the listing or where You would like to lower the price at which the Tickets have been listed.
You agree and acknowledge that You must use the Payment Platform in order that You may receive payments for the Tickets. You must not accept any payments from the Finder other than as provided for by these Terms.
Whilst We do not charge a fee to You for listing the Tickets via the Services, You are responsible to Us for the following fees and charges:
- any and all costs and charges in connection with the use of the Payment Platform; and
- the up front costs of delivery, which shall be charged to the Finder.
We shall confirm to You when the Finder has paid for the Tickets in full and only at that point should You make delivery of the Tickets. In the event that You make delivery of the Tickets in advance of Our notice to You in accordance with this clause, You do so at Your own risk.
Upon entering into a Contract, We shall provide You with various options for delivery dependent on the circumstances relating to You, the Finder and the event to which the Tickets relate. You shall select the applicable delivery method (and not substitute those available for any others) and provide the Finder with a projected delivery date. You agree that You shall use Your best endeavours to deliver the Tickets in accordance with the projected delivery date and that time for delivery is of the essence. In the event that You fail to comply with this clause, You understand that the Finder will be entitled to a full refund.
Event Cancellation & Alteration
If the event you have sold Ticket(s) for is cancelled and the Finder is not permitted to obtain a refund from the event organisers or the original ticket retailer directly, You agree to accept return of the Ticket(s) from the Finder (returned at the Finder’s own cost) provided that You are able to claim a refund from the event organiser or the retailer that sold the Ticket(s) to You originally. You shall only be obliged to pass on to the Finder the full amount of any refund issued to You up to and including the proportion of the Price, which was received by You in connection with the sale of the Tickets.
If the date of an event is changed:
- and the Finder or You are permitted to exchange the Tickets for replacement tickets (in the event that the Ticket(s) are no longer valid) for the new date if required by the event organiser, You shall deliver the replacement tickets to the Finder if they are delivered to You via a delivery method mutually agreed between You and the Finder at the Finder’s cost; or
- grant a refund to the Finders if the event organizer or original ticket retailer grants one to You and do so in accordance with the same process as that set out in paragraph 5.1 above;
- You are not obliged to cancel the Contract but may do so at Your absolute discretion.
Where and to the extent that any costs or charges are incurred via making payments through the Payment Platform, in the circumstances envisaged by this clause 5 You shall not be permitted to recover these.