Event Organiser Terms and Conditions

Version Number: 4.3 Effective Date: 15th May, 2019

Internet Tickets Limited, a company registered in England and Wales with a registered address at Unit 13 Kings Meadow, Ferry Hinksey Road, Oxford, OX2 0DP and company number 04442713 ("WeGotTickets" or "we" or "us" or "our") and the Event Organiser (or "you" or "your") agree that Internet Tickets Limited is appointed to act as a non-exclusive (save where we agree exclusivity in respect of an Event with you) agent to facilitate the sale of rights to admission to Events on behalf of the Event Organiser in the form of our unique Booking References or Barcodes, which are delivered electronically ("Online Ticketing Services").

By setting up an account with us, you agree that you are the Event Organiser according to the definition below, and you accept and agree to all these terms and conditions. In these terms and conditions, all information relating to the Event and the Venue that you provide to us via the Event Organiser Administration Area shall be incorporated herein to the extent that they are acceptable to us.

You are responsible and liable for ensuring that anyone using the Website via your Event Organiser login details complies with these terms and conditions.

In these terms and conditions;

"you" or "your" or the "Event Organiser" means a third party supplier or suppliers of Tickets for the Events which may include a Venue, performer, promoter or event organiser.
"we" or "us" or "WeGotTickets" means Internet Tickets Limited
"Allocation" refers to a proportion of your Tickets made available for sale via the Website.
"Booking" means the purchase of one or more Tickets (which are supplied to Customers electronically as a Booking Reference or Barcode).
"Booking Fee" refers to the fee charged by WeGotTickets for the Online Ticketing Services.
"Booking Reference(s)" or "Barcode(s)" refers to the form in which Tickets are provided to Customers.
"Customer(s)" means an individual or individuals who purchase Tickets via our Website and any person on whose behalf a Booking has been made via our Website.
"Data Protection Legislation" means, as applicable to either Party:
1. the General Data Protection Regulation 27 April 2016;
2. the Data Protection Act 2018;
3. the Privacy and Electronic Communications (EC Directive) Regulations 2003;
4. any other applicable law relating to the Processing, privacy and/or use of Personal Data, as applicable to either Party;
5. any laws which implement any such laws; and,
any laws that replace, extend, re-enact, consolidate or amend any of the foregoing.
"Event(s)" means the individual event or events listed on our Website for which Tickets are available.
"Event Organiser Administration Area" means the WeGotTickets proprietary online area where an Event Organiser submits the data relating to the administration of Events listed on our Website for which Tickets are available.
"Materials" refers to materials or content (e.g. text, music, trademarks, symbols, logos, slogans etc.) relating to Events or the Event Organiser.
"Online Ticketing Services" as referred to in the introduction
"Tickets" or "Bookings" means rights to admission in the form of unique Booking References or Barcodes.
"Ticket Face Value(s)" refers to the value of the Ticket as set by the Event Organiser that does not include any Booking Fees.
"Ticket List" means the final list of all Tickets purchased through Internet Tickets Limited for an Event.
"Website" means www.wegottickets.com or any other domain or sub-domain upon which we make Tickets available for purchase inclusive of the Event Organiser Administration Area or areas.

Event Organiser's obligations

You warrant that you are authorised to appoint us as your agent in respect of the Events and that all rights and permissions have been obtained to enable us to promote the Events and that you will comply with all applicable laws in connection with your obligations under these terms.

You, the Event Organiser, warrant and agree in a timely and efficient manner

To provide accurate, complete and up-to-date information about all Events for which you make Tickets available for sale via the Website, and to keep that information up to date via the Event Organiser Administration Area. Such information includes but is not limited to the accurate description of the Event, Event date and start time, Venue, location, Venue opening times, age restrictions and any other relevant restrictions.
To ensure that your entering into and performing of your obligations under these will not result in any breach of, or constitute default under, any other agreement to which you are a party, including any other agreement for the sale or other disposition of tickets for an Event.
To ensure that you are the legal owner or lawful licensee of the Materials and you have the right to grant to us a licence to use the Materials as intended by us and such use will not infringe any third party rights
To bring to the attention of the Customers any additional restrictions and/or terms and conditions applicable to the Event that are not expressly stated in our Customer Terms and Conditions. You also authorise us to enter into the Customer terms and conditions on your behalf with the Customer.
To provide the accurate Ticket Face Value information for all Tickets you make available for sale through the Website.
To make available to us our Allocation and not to sell those Tickets by another method unless unsold Tickets are first removed from our Allocation and the Website.
Not to make available through the Website and all other methods of sale more Tickets than the capacity of the Event.
Not to print the Ticket List before the Event has been taken off sale from the Website and not to print the Ticket List before the day of the Event (and not before Friday in the case of an Event held on Saturday or Sunday).
To ensure that competent personnel are in possession of the Ticket List at the entrance to the Event.
To check that all persons presenting themselves at the Event with our unique Booking References or Barcodes are named on the Ticket List and to confirm their identity to your satisfaction.
To permit entry to all persons named on the Ticket List along with the specified number of accompanying persons. The named person must accompany all unnamed persons in the party for whom they have made a Booking.
To honour our unique Booking References or Barcodes and to treat them as conferring the same rights as printed tickets or any other form of booking available for the same Event.
Not to admit any person presenting themselves with our unique Booking Reference or Barcode who is not named on the Ticket List, or who cannot confirm to your satisfaction that they are the named person, including any person who has bought or otherwise obtained our unique Booking Reference or Barcode from any source other than ourselves. Our unique Booking References or Barcodes may not be reallocated in any way other than via the reallocation system on the Website.
Not to admit any person where you are aware of their having obtained a unique Booking Reference or Barcode fraudulently or in contravention of our Customer Terms and Conditions.
To accept our standard payment terms (as set out below), and to provide bank details so that payment can be made electronically.
To add the relevant links from our Website to your website, and to include these links in all relevant email marketing you do for your Events unless we expressly request otherwise of you.
To promote and advertise the availability of Tickets via the Website.
Not to upload or submit information to the Website which is untrue, defamatory, obscene or abusive or otherwise objectionable or in breach of any applicable laws or rights of third parties including, but not limited to, any copyright held by third parties in the Event images you upload for display on the Website.
That you have taken all reasonable precautions to ensure that any content you upload or otherwise submit to the Website is free from viruses and anything else which may have a contaminating or destructive effect on any part of the Website or any other technology.
Not to use the name, address, URL or any other details of the Website or any details of Internet Tickets Limited on illegal or unauthorised fly-posting, or in any other publicity activities that may be illegal or contravene local by-laws or planning restrictions.

Ownership of Tickets

Internet Tickets Limited does not buy Tickets to the Event Organiser's Events, and title to the Tickets always remains with the Event Organiser.

Obligations of Internet Tickets Limited

Internet Tickets Limited will display the details of your Tickets on the Website but we do not guarantee that any or all of your Tickets will be purchased. We retain sole and complete discretion to decide the look and feel of the Website and the manner and length of time for which Events are publicised.
Internet Tickets Limited will obtain payment from the Customer of the Ticket Face Value as per the information provided by the Event Organiser and will forward the full Ticket Face Values of all sold Tickets to the Event Organiser according to our standard payment terms.
Internet Tickets Limited will not charge the Event Organiser for the Online Ticketing Services provided in accordance with these terms and conditions unless otherwise agreed.
Subject to the other provisions of these terms and conditions Internet Tickets Limited will not sell Tickets for more than the agreed Ticket Face Value.
Internet Tickets Limited charges the Customer a Booking Fee as payment for the Online Ticketing Services rendered. The Booking Fee will be clearly itemised as a separate charge from the Ticket Face Value.
The Event Organiser will not be entitled to all or any part of the Booking Fee.

Refunds, cancellation, rescheduling of Events

an Event is cancelled;
an Event is moved to another date and/or time; or
there is a material change to the acts scheduled to appear at an Event or to the Venue (i.e. the Event is "significantly changed")

you must inform us immediately with full, accurate and up-to-date details of that change.

If an Event is cancelled, we will facilitate the refunding of the Ticket Face Values on your behalf, and you authorise us to deduct this from any monies payable to you. You agree to immediately pay to us upon request, the total sum of all refunds paid to Customers on your behalf in order to compensate us in respect of all Ticket Face Values.

If an Event is moved to another date, or if details of the Event are significantly changed, we will attempt to advise the Customer by email that the Event has been rescheduled or significantly changed and that their Tickets are still valid for the rescheduled or significantly changed Event (which you hereby confirm that they will be). If the Customer chooses not to retain the Booking for the rescheduled or significantly changed Event, we will facilitate the refunding of the Ticket Face Value on your behalf, and you authorise us to deduct this from any monies payable to you. You agree to immediately pay to us upon request, the total sum of all refunds paid to Customers on your behalf in order to compensate us in respect of all Ticket Face Values.

If a Customer decides to retain the Booking for the rescheduled or significantly changed Event then their Tickets shall still be valid and you shall still admit them to the Event in accordance with these terms and conditions.

Standard payment terms

After the Event has taken place, we will pay you the total Ticket Face Values sold by us on the Website for the Event as shown on the final Ticket List. We process payments on Wednesday for the Events that have taken place between the Monday and Sunday of the previous week. So, for example, if your Event takes place between Monday and Sunday this week, payment will be processed on Wednesday of next week and will arrive in your account on Friday of next week.

We pay by standard bank transfer direct to your nominated account. This transfer is subject to standard banking conditions. It is your responsibility to give us your correct bank details. We accept no liability for payments that are lost as a result of you giving incorrect bank details.

You do not need to invoice us for your Tickets sold on the Website.

We will not add VAT to, nor deduct VAT from, the Ticket Face Values. Accounting for and payment of any VAT due on the Event Organiser's Ticket sales through the Website is the obligation of the Event Organiser. We will not issue VAT receipts for the Ticket Face Values. The Event Organiser agrees to provide a VAT receipt to Customers who request one, if the Event Organiser is registered for VAT.

The Booking Fee will be stated as inclusive of VAT where appropriate, and we will account for and pay any VAT due on the Booking Fee.

We will pay all payment processing charges incurred in the Customer transactions, and will not charge the Event Organiser for these unless otherwise agreed.

Payment by us is without prejudice to any claims or rights which we may have against you and shall not constitute any admission by us to the performance by you of your obligations under these terms and conditions. Prior to making such payment, we shall be entitled to make deductions or deferments in respect of any disputes or claims whatsoever with or against you.

Access to the Website and content

We will endeavour to allow uninterrupted access to the Website, but access to it may be suspended, restricted or terminated at any time.

We reserve the right to change, modify, substitute or remove without notice any information on the Website from time to time.

We assume no responsibility for the contents of any other websites to which the Website has links.

Intellectual Property

The copyright, trademarks and all other intellectual property rights in the material contained in the Website, together with the Website design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and software (including applets) and in the Ticket List belongs to us or is currently licensed to us, our subsidiaries or the providers of such information. All rights are reserved. None of this material may be reproduced or redistributed without our express written permission. You may, however, download or print a single copy for your own non-commercial off-line viewing.

You shall retain ownership of all copyright in content you submit to the Website. You grant us a worldwide non-exclusive, royalty-free, non-terminable licence to use, copy, distribute, publish and transmit such content in any manner.

Confidentiality

You undertake to keep confidential all information about our business which is disclosed under an explicit or implied duty of confidentiality, including (without limitation) that which is stamped confidential and/or which relates to our Customers, other partners, accounts and technology. This provision shall not apply in respect of information which comes into the public domain other than as a result of an obligation of confidentiality or disclosure of which is expressly required by law provided that you have notified the same to us in advance.

Data Protection

Both we and you are data controllers with respect to the personal data included in any Ticket List we send to you. This sharing of personal data is necessary to permit the identification of Customers at Events, and to permit the Event Organiser to send marketing communications to Customers where they have opted into receiving such communications. We will indicate whether or not a Customer has opted in. Both you and we shall process the personal data only in compliance with our respective privacy statements which shall be compliant with Data Protection Legislation.

Both we and you shall comply with our obligations under the Data Protection Legislation. Both you and we shall:

take appropriate technical and organisational measures to keep the relevant personal data safe,
respond promptly to any requests by data subjects to exercise their rights, or provide reasonable assistance to the other party to do the same,
not transfer relevant personal data to an unconnected third party, save where the transfer is carried out in accordance with a written contract which imposes suitable obligations of security and confidentiality on the third party, and
inform the other party without undue delay in the event of a personal data breach.

In accordance with the Data Protection Legislation, we shall:

make our Privacy Statement available to Customers at all times,
ensure that the personal data we share with you is not irrelevant or excessive with respect to the purposes for which we are sharing it with you, and
ensure that (to the extent of our reasonable knowledge and belief) the personal data we share with you is accurate.

In accordance with the Data Protection Legislation, you shall:

make your Privacy Statement available to Customers at all times,
only process the personal data we share with you for the purposes listed above, and
not send marketing communications to those Customers who have not specifically opted into receiving them.

Liability

We shall not be liable to you for any special, indirect or consequential loss or damage or any loss (whether direct or indirect) of profit, anticipated profits, business, data, opportunity, revenue, goodwill or reputation and our total maximum liability in aggregate arising under or in connection with these terms, whether in contract, tort (including negligence), breach of statutory duty or otherwise shall not exceed, in respect of any Event, an amount equivalent to the Booking Fees collected by us in respect of the relevant Event. We shall not be in breach of any of our obligations which arise or occur due to your act, omission or default.

Nothing in this clause shall however exclude or restrict our liability for (i) fraudulent misrepresentations, (ii) any liability where the law does not permit such exclusion of liability, and (iii) death or personal injury arising from negligence. Except as expressly set out, we give no warranties and exclude all other express or implied terms, conditions and warranties to the fullest extent permitted by law.

You shall indemnify and hold harmless Internet Tickets Limited and our affiliated or related companies and subsidiaries and their respective successors, assigns, directors, officers, employees and agents (collectively the "WeGotTickets Parties") on demand, and shall keep each of them fully and effectively indemnified against any and all losses incurred by or asserted against any WeGotTickets Party, arising out of or in connection with:

any breach of your obligations in these terms by you or your employees, sub contractors or agents
any advertisement or promotion of your Materials including the placement of fly-posters
any Event or Venue.

We do not give any warranty that the Website is free from viruses or anything else which may have a harmful effect on any technology and you should take your own safeguards in this area.

Username and password

On registering with us, you will choose your unique username and an associated password, which must be used in order to access certain restricted parts of the Website. The username and password are personal to you and are not transferable.

Your username and password are the methods used by us to identify you and so are very important. You are responsible for all information posted on the Website by anyone using your username and password. Any breach of security of a username and password should be notified to us immediately.

You may not adapt or circumvent the systems in place in connection with the Website, nor access the Website other than through normal operations.

Content submitted by Event Organisers

We reserve the right (without limiting our rights to seek other remedies) to remove offending material placed on the Website that (after it has been brought to our attention) we consider to constitute a misuse of the Website or which is otherwise harmful to other users of the Website.

Variations

We may modify any of these terms and conditions at any time by publishing the modified terms and conditions on the Website. Any modifications shall be effective unless you object to them within 5 (five) days of the modified terms and conditions being published on the Website.

General

The rights, powers and remedies conferred on any party by these terms and conditions and remedies available to any party are cumulative and are additional to any right, power or remedy which it may have under general law or otherwise.

Either party may, in whole or in part, release, compound, compromise, waive, or postpone, in its absolute discretion, any liability owed to it or right granted to it in these terms and conditions by the other party without in any way prejudicing or affecting its rights in respect of that or any other liability or right not so released, compounded, compromised, waived or postponed.

No single or partial exercise, or failure or delay in exercising any right, power or remedy by any party shall constitute a waiver by that party of, or impair or preclude any further exercise of, that or any right, power or remedy arising under these terms and conditions or otherwise.

If any provision of any of the terms and conditions on the Website is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of the terms and conditions shall not be affected.

These terms and conditions (in addition to the information submitted by you to the Event Organiser Administration Area) set out the entire agreement and understanding between the parties in respect of the subject matter of the terms and conditions.

English Law governs all of these terms and conditions and each party submits to the exclusive jurisdiction of the English courts in respect of any dispute arising under these terms and conditions.

All disclaimers, indemnities and exclusions in these terms and conditions shall survive termination of the agreement between us for any reason.

Neither party shall be liable to the other to the extent that any liability relates to an event over which that party has no control.

The parties shall not assign these terms and conditions to any other party without the other's consent. However, you are deemed to consent to an assignment if there is a trade sale or group reorganisation of Internet Tickets Limited.

No part of these terms and conditions is enforceable by anyone who is not a party to it, pursuant to the Contracts (Rights of Third Parties) Act 1999 except the following terms and conditions may be enforced by the Customer in their own right; "Event Organiser's Obligations" and "Refunds, cancellation, rescheduling of Events".

Contact details

We can be contacted via our registered office:

Internet Tickets Limited
Unit 13, Kings Meadow
Ferry Hinksey Road
Oxford
OX2 0DP
UK

VAT number: 854433618
Company Registration Number: 04442713

Tel: +44(0)1865 798797
Email: support@wegottickets.com