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;
"Data Protection Legislation" means, as applicable to either Party:
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
Internet Tickets Limited does not buy Tickets to the Event Organiser's Events, and title to the Tickets always remains with the Event Organiser.
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.
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.
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.
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.
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.
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:
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:
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.
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.
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.
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.
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".
We can be contacted via our registered office:Internet Tickets Limited
VAT number: 854433618
Company Registration Number: 04442713
Tel: +44(0)1865 798797