| 1. |
The Basics
1.1. About this Agreement: This agreement ("this
Agreement") sets out the terms of your use of the Seatwave websites
(to browse, post, purchase etc.) between you ("you" or "your",
which includes any user of our Seatwave Service, including members)
and Seatwave Limited ("Seatwave", "we", "us" or "our"), located at
Seatwave Limited, PO Box 5631, London W1A 1LE. The "Seatwave
Service" means any service provided by us, including the use of our
websites ("the Site"), buying and/or selling tickets or other items
on our Site, participating in any of the forums, chat rooms,
competitions, review services or other community-based services we
supply. By using the Seatwave Service in any way, you agree to
abide by and be bound by this Agreement and to the use of your
personal data in accordance with the Privacy Policy. We strongly
recommend that you read and understand this Agreement.
1.2. Modification: We may need to update this
Agreement from time to time, in which case we will post the new
version of this Agreement on our Site. You will be subject to the
terms of the Agreement in force at the time you use this Site or
buy and sell tickets. Your continued use of the Seatwave Service
will mean that you accept any new Agreement that is posted at the
time of your transaction or use of the Site.
1.3. Additional Policies: This Agreement
incorporates the other agreements on our Site. Such agreements
include:
[Ticket Integrity policy] [Ticket Cover policy] [ Privacy Policy
]
The agreements incorporated by reference may be updated and new
such agreements added from time to time. In such cases the
modification provision above will also apply to these updated
agreements.
1.4. Buyers and Sellers: We refer to people who
buy tickets through Seatwave as Buyers; no prizes for guessing that
we call people who sell tickets through us Sellers. |
| 2. |
What's it all
about?
2.1. Who is Seatwave? We are a new force in live
entertainment, the place where people come to buy and sell their
tickets and share their enjoyment of the live experience with other
fans. People who sign up to become members of Seatwave ("Members")
can list tickets for sale on the Site. When Buyers purchase a
ticket on the Site, we will automatically create a account for them
to allow the transaction to go ahead. It's important to bear in
mind that we are a facilitator or a conduit for Members to buy and
sell tickets (in only a few limited cases Seatwave will sell
tickets directly to Buyers). We do not own the tickets that Members
buy and sell and we are unable to ensure that in every case they
complete any transaction.
|
| 3. |
All about
Members
3.1. Requirements: In order to use the Seatwave
Service, you must have agreed to this Agreement and you must be
able to enter into legally binding contracts. If you are under 18
you may only use the Seatwave Services with the involvement of a
parent or guardian.
3.2. Registration: In order to buy and sell
tickets using the Seatwave Service, you will need to register as a
Member. You must give us your correct details when you register,
including the right name, address and other contact information. If
these change at any time, you must let us know as soon as
possible.
3.3. Login Details: You will have a username and
password allocated to you when you login. You may change the
password. It is very important that you keep both secure and don't
give them out to anyone else, especially as you are responsible for
any activity undertaken using your username and password. Your
username and password are personal to you and may not be
transferred to anyone else. You agree not to allow anyone else
access the Seatwave Service using your username and password. |
| 4. |
Selling
Tickets
4.1. Listing: As a Seller, the first step to
selling your tickets on Seatwave is to list your tickets, so any
Buyers out there can see what's available. When you list your
tickets you are required to enter all the relevant information
about each ticket you are listing, including the name of the event,
the date, the face value of the ticket, the section, seat, row and
so on, all in accordance with the information requested during the
listing process - don't forget the price you want for your ticket!
You agree to supply the fullest possible information about any
ticket you list. When signing up as a Member you must provide a
valid credit card or debit card, which should be considered
security against the accuracy and completeness of the information
you provide about the ticket you list, as well as against any
failure to supply a ticket after a Buyer accepts your offer to sell
that ticket (see "Commitment to Supply", below). If for any reason
the ticket is not as you have listed or you are otherwise in breach
of this Agreement, there may be circumstances in which we can debit
money (either 100% of the price you listed for the ticket or the
costs of replacing that ticket with a similar or better one) from
your credit card,debit card or your outstanding Seller account
balance, for example if you list a ticket that doesn't exist, list
a counterfeit ticket or one that you do not own. The credit card or
debit card you submit to us must not expire before the date of the
event for which you are selling a ticket. For example, if you are
selling a ticket for a gig next June, your card must be valid at
least until after that gig.
4.2. License: You give us the right to display
the tickets you list on our Site and on the sites of our partners,
by way of a grant of a non-exclusive, transferable, worldwide,
royalty-fee and paid-up licence to reproduce, modify, adapt,
display and publish the descriptions of your tickets. This is
important because it permits us to get your listings seen by
potential buyers.
4.3. VAT: If you are selling a ticket with us,
you are responsible both for determining whether any VAT is
chargeable on your sale of the ticket, and for collecting that VAT
- this means in general that you should include any VAT in the
price you list with us for any ticket. We're responsible for any
VAT on the commission we charge. We'll make sure we break this down
in any invoices and set it out clearly before you confirm any
transaction.
4.4. Pricing: You can list your tickets for sale
with us at a fixed price, which should include VAT (see above) but
not postage (we will calculate that and add it to the Buyer's
shopping cart).
4.5. Seller's Fee: Listing tickets is free,
although we do charge a fee for a successful sale of a ticket on
our Site, which we call a Seller's Fee. The Seller's Fee applicable
to your transaction will be set out for you to confirm when you
list your tickets for sale.
4.6. Commitment to Supply: By listing a ticket
with us, you are committing to supply that ticket; which means that
you are making and communicating an offer to sell that ticket. When
a Buyer agrees to buy the ticket, he or she is accepting your
offer, and the transaction is binding on the parties and you are
required to supply a ticket to the Buyer. If, for any reason, you
fail to fulfil on the contract you have entered into in respect of
the sale of your ticket to the Buyer, you agree that we can deduct
payment from your credit card or debit card, up to the amount it
costs us to replace the ticket for the Buyer or 100% of the price
you listed for the ticket as well as any other expenses or charges
that we incur in finding a replacement ticket. We also reserve the
right to cancel a sale if we attempt but are unable to contact you
via email and telephone and do not receive a response from you
within 72 hours. You further agree that we can set off any amount
you owe us against any monies owing to you that we hold at any
time.
4.7. Acceptance of Your Offer to Sell: A Buyer
accepting to buy one of your tickets has an enforceable contract to
buy that exact same ticket (and no other!). You are then required
to send the ticket to the Buyer as soon as possible after receiving
your tickets.
4.8. Sending Buyer Details: You should send the
ticket to the Buyer as soon as possible. The Buyer's name and
address will be available in My Account. Once the ticket(s) have
been sent, you must destroy any record you may have of the Buyer's
address and/or any other Buyer's personal data.
4.9. Sending the Ticket to the Buyer: You agree
to send the ticket as soon as possible after the receipt of the
Buyer Consignment Package, using the delivery method we specify
(usually Royal Mail Special Delivery or courier). You agree to
enter the shipping reference number into the relevant part of our
Member section, or communicate that number to us in a form we may
stipulate from time to time; without this number, the Buyer will
not be able to confirm receipt, and you cannot be paid for your
ticket. Tickets must be posted out to the Buyers (or to Seatwave as
indicated at the time of sale). Sellers are not permitted to
hand-over or hand deliver tickets to Buyers. If a Buyer has not
received tickets from a Buyer 2 working days (in this Agreement
working day means any day which is not a weekend or public holiday
in England) before the start of the event Seatwave reserves the
right to cancel the sale and find alternative tickets for the
Buyer. In such cases any difference in the cost of the tickets will
be charged to the Seller's credit/debit card. For example, if the
event is taking place on Monday at 8pm the tickets must be received
by the Buyer at the latest on Thursday 8pm.
4.10. Payment: At the point of their confirmation
of the transaction, we charge or authorise the amount of the
purchase price (plus any commission, VAT, etc.) on the Buyer's
payment card. Payment for the ticket you sold will be forwarded to
you as soon as we are satisfied that the ticket was valid and that
you delivered the ticket the buyer paid for. In most cases, this
will be after the event has taken place.
4.11. Cancellation of an event: If the event for
which you have sold tickets is cancelled, you agree to refund to us
anything we have paid you for those tickets and you further agree
we can set off any amount you owe us against any other monies we
may owe you, as set out above in clause 4.6.
4.12. Designated football matches: You may not
list tickets for a football match which is a designated football
match for the purposes of section 166 of the Criminal Justice and
Public Order Act 1994, as defined in the Ticket Touting
(Designation of Football Matches) Order 2007
(http://www.opsi.gov.uk/SI/si2007/20070790.htm). In effect, this
means that tickets to any international football match, or to any
football match where one of the teams has its home ground in
England or Wales, are not to be listed for sale on this Site.
4.13. Selling a Late Ticket: Sellers on Seatwave
can post tickets as "Last Minute Tickets" for performances where
Seatwave is offering this service. This allows you to sell right up
until the event. When originally posting or upgrading to this
service, please note that Seatwave needs to receive the tickets
related to the posting before the posting is released on the Site.
Tickets for Last Minute Tickets postings can be sent to Seatwave
for free via the normal UPS fulfilment process. If you wish to
change a Last Minute Tickets posting to a standard posting before
you've sent us the tickets you can do so in the "My Account" part
of the Site. Last Minute Tickets will be collected by Buyers at a
designated venue on the day of the event ("Last Minute Collection
Point"). Any unsold tickets can also be collected by the Seller on
the day of the event from the same Last Minute Collection Point.
All Sellers collecting unsold tickets will be required to prove
their identity at the Last Minute Collection Point. Please note
that (a) Seatwave is unable to return tickets designated as Last
Minute Tickets postings other than at the Last Minute Collection
Point on the day of the event; and that (b) Seatwave only provides
the Last Minute Tickets service to Sellers based in the same
country as the performance the Late Ticket relates to.
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| 5. |
Buying Tickets
5.1. Choosing a Ticket: As a Buyer, you choose a
ticket from our listings and, when you've found the ticket you want
at the right price, you click to buy that ticket, enter and confirm
your Member details and credit card information, and confirm the
purchase of the ticket. If you're using a credit card or debit
card, that card must not expire before the date of the event for
which you are buying a ticket. For example, if you are buying a
ticket for a show next April, your card must be valid at least
until after that gig.
5.2. Pricing: We will set out for you the list
price of the ticket, the Booking Fee we charge, any VAT on that
fee, and postage, to give you a total price. Where we can, we'll
also show the original face price of a ticket, for your
information.
5.3. Credit Card Authorisation: You agree to us
debiting or authorising the amount of the total ticket purchase
price (including commission, VAT, etc.) from your credit/debit card
- we'll confirm to you how much this will be before you confirm the
purchase.
5.4. Change in Ticket Details: The promoter of a
given event (concert, match and so on) may change the specifics of
that event from time to time. After the purchase, as owner of the
ticket, you are responsible for verifying the time, date, seating
and other specifics of the ticket prior to the event itself. If you
become aware that any of the specifics (time, date, and venue) of
your event have changed, please contact customer service as soon as
possible. In the event of a cancellation, you must contact us as
soon as you can. Seatwave is not responsible for the actions or
failures of any venue, performer or promoter. Whilst all sales are
final and Seatwave is not responsible for the actions or failures
of any venue, performer or promoter, Seatwave's exclusive TicketCover guarantee provides a refund if
the event for which you have bought tickets is cancelled or
re-scheduled to a date you are unable to attend. Please read
carefully the TicketCover policy and any special terms applicable
to tickets as some events are not covered by the TicketCover
guarantee. If you become aware that any of the specifics (time,
date, and venue) of your event have changed or if the event is
cancelled, please contact customer services immediately.
5.5. Delivery: We try to ensure that all tickets
are delivered at least 2 working days before the start of the event
(depending also of course on the date of purchase of these
tickets). If any ticket has not been delivered 2 working days
before the start of the event we will try to source replacement
tickets and get these to you by post, courier or collection (at our
discretion) in time for you to attend the event. If we fail to
provide you suitable replacement tickets, you will be entitled to a
100% refund of the prices paid for the tickets as further explained
in our Ticket Integrity policy.
Please note that in order to avoid fraud we are unable to deliver
tickets to a different address than the one you entered on the Site
when you purchased your tickets.
5.6. Delivery of Last Minute Tickets: Some
performances on Seatwave feature Last Minute Tickets. These tickets
are clearly marked as such on the Site and must be collected from a
designated "Last Minute Collection Point" (located in the same town
as the event) on the day of the event. Last Minute Tickets are
generally available for sale right up until the event and allow
Seatwave to offer a guaranteed service in situations where it
wouldn't otherwise be possible to deliver tickets in time for the
event. The confirmation email sent after the purchase of a Late
Ticket contains the location and opening times of the Last Minute
Collection Point. Please note that Last Minute Tickets are only
available for collection on the day of the event at the designated
Last Minute Collection Point.
5.7. Seat: Please bear in mind that the actual
seat numbers listed with us will be based on information submitted
by Sellers. We have no control over the accuracy or completeness of
that information, and it is always possible that actual seat
numbers and allocations can vary, even from those stated on the
ticket.
5.8. Confirmation: Once you receive your tickets,
you agree to confirm receipt of the tickets by entering the
shipping reference number into the relevant part of the Member
section of our Site, or by communicating it to us in a way we may
stipulate from time to time.
5.9. Distance Selling Regulations: Please note
that we only provide a platform for Sellers and Buyers and that the
cancellation provisions under the Distance Selling Regulations 2000
do not apply to your purchase of Tickets on this Site.
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| 6. |
Your Commitments to
Us
6.1. About You: You represent and warrant that
the information you have submitted to us in your registration to
become a Member and in all other interactions with Seatwave and
Members is true, accurate and complete. You agree not to use false
names or addresses, or any other false information, in using the
Seatwave Service.
6.2. Accuracy and Completeness: Whenever you list
a ticket with us as Seller, you represent and warrant that all
information you have provided about that ticket is complete and
accurate.
6.3. Ownership: You also represent and warrant
that you own the tickets themselves, and that you are entitled to
list them for sale and to sell them on our Site.
6.4. Credit/debit card details: In an effort to
minimise the effects of credit card fraud, you allow us to carry
out random checks, including checks of the electoral roll, and you
agree that we may request you to either fax or post to us proof of
your address and a copy of a credit card recent statement before
issuing any tickets. You acknowledge that your failure to supply
the correct credit or debit card billing address information may
result in the cancellation of your tickets or the withdrawal of any
ticket you list on the Site. Please ensure that the billing address
details you give match those on your billing statement.
6.5. Other Information: During any interaction
with the Seatwave Services (including the forums, chat rooms and
review services) or any Member you represent and warrant that any
information or content you provide to us or any Member:
a) is not fraudulent;
b) is true, accurate and not defamatory, abusive, threatening,
misleading or obscene;
c) does not involve the sale or procurement of counterfeit or
stolen items;
d) does not infringe any third party's rights (including
copyright, patent, trademark or any other right), be invasive of
privacy or otherwise injure third parties;
e) does not infringe any law, regulation or code in your country
or that of any corresponding Member (including consumer protection
or misleading advertising); and does not breach any applicable
Seatwave policies or guidelines;
f) does not contain any virus or other programme that interferes
with or seeks to interfere with any computer system or data;
and
g) does not contain political campaigning, commercial
solicitation, chain letters, mass mailings or any form of
"spam".
6.6. Legal Compliance: You represent and warrant
that, during any interaction with the Seatwave Services or any
Member, you will comply with all applicable local, regional,
national and international laws governing the use of the Seatwave
Service and the buying, selling and marketing of tickets. You also
represent and warrant that you are 18 or over and therefore able to
enter into legally binding contracts.
6.7. Indemnity: You agree to hold us harmless
against all losses, liabilities, claims or demands arising out of
any breaches of the representation and warranties and assurances in
this clause 6.
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| 7. |
Things We Don't Like People
Doing
7.1. Listing Tickets You Don't Have: Please
remember that when a Buyer accepts your offer to sell a ticket
listed through the Seatwave Services, you're required to provide
that ticket to the Buyer. As a result, we strongly discourage you
from listing your tickets on the Seatwave Services and elsewhere
simultaneously. If you list tickets for sale that you don't then
supply to a Buyer, we will take measures that could include you
being restricted from using the Seatwave Services, as well as
charging you for the cost of our replacing those tickets. Seatwave
takes this stuff really seriously - if you list tickets for sale
and then can't make good on that contractual commitment, we won't
welcome you back!
7.2. Selling Stolen or Counterfeit Property:
Selling stolen or counterfeit property is a crime and we will
report any such activity to the relevant authorities and
permanently ban anyone found selling stolen property or counterfeit
property using the Seatwave Services.
7.3. Sellers Poaching Buyers: We think we can
provide the best service to fans of live events by offering the
most transparent and responsive ticket selling service ever
created. As a result, we consider it both a bad idea and bad faith
for Sellers to attempt to contact Buyers directly and solicit their
business away from Seatwave. While we are comfortable that most
Buyers will have a better time coming to us for the choice and
safety we provide, we don't want Sellers sending promotional
materials to our Buyers, or in any other way trying to deter them
from coming back to use us again. This particularly applies to the
Buyer Consignment Package, which should be sent directly to the
Buyer with only the addition of the tickets.
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| 8. |
The
Consequences
8.1. Suspension and Investigations: If we
discover any Member behaving badly, we may suspend their account
pending an investigation. If you are under investigation by
Seatwave, you agree to comply fully with our requests for
information about tickets and circumstances surrounding any
transactions involving the Seatwave Services.
8.2. Seatwave Actions: We have absolute
discretion to take any action in relation to your account or any
sales you may have pending, including issuing warnings, suspending
or terminating provision of the Seatwave Service to you and any
other action we deem suitable, if we consider in our sole opinion
that you are:
a) in breach of this Agreement in any way;
b) you do not cooperate with any investigation we instigate as set
out above;
c) we can't verify any information you provide, or it conflicts
with other information that we hold; or
d) if in our sole opinion your activity is likely to lead to legal
liability for any Member or us. We can suspend any listings or
cancel any sales if we believe in our sole opinion that activity
connected with that listing or sale is either illegal or in breach
of this Agreement.
8.3. Disclosing Information: We reserve the right
to inform any relevant authority of any illegal activity conducted
by any Member using the Seatwave Service and cooperate fully in the
prosecution of any such Member.
8.4. Financial: We reserve the right to deduct
the cost of replacing a ticket for Buyers from the credit/debit
card of any Seller that either lists a ticket it doesn't own or in
any other way behaves in a way that leads to a Buyer not receiving
the ticket in question in good time for the event to which that
ticket relates.
8.5. Fraud: If we suspect any fraudulent activity
on a particular transaction we reserve the right to put that
transaction on hold pending further investigation and/or to cancel
the transaction. |
| 9. |
Contributing to this
Site
9.1. Contributions: If you are a Member you may
contribute freely to the forums, chat rooms, competitions, review
services and other community based services we provide. We need to
approve any contributions from users who are not Members before
allowing such content to be viewed on the Site and we reserve the
right to refuse to publish content you provide to us on this Site
at our sole discretion.
We reserve the right (but not the obligation) to remove or edit
any content provided by Members or users.
9.2. Licence: If you do contribute content to us
and unless we indicate otherwise, you
(a) grant Seatwave a perpetual, a non-exclusive,
royalty-free right to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, and display
such content throughout the world in any media; and
(b) grant Seatwave and its sublicensees the right
to use the name that you submit in connection with such content, if
we or they choose.
You agree that the rights you grant above are irrevocable during
the entire period of protection of your intellectual property
rights associated with such content. You agree to waive your right
to be identified as the author of such content and your right to
object to derogatory treatment of such content. You agree to
perform all further acts necessary to perfect any of the above
rights granted by you to Seatwave, including the execution of deeds
and documents, at the request of Seatwave.
9.3. You represent and warrant that you own or
otherwise control all of the rights to the content that you
contribute. You agree to indemnify Seatwave for all claims brought
by a third party against Seatwave arising out of or in connection
with a breach of any of the warranties you give above.
9.4. It is not possible for Seatwave to be aware
of the contents of each ticket listed for sale, or each comment or
content that is displayed. Accordingly, Seatwave operates on a
"notice and takedown" basis. If you believe that any content on, or
tickets advertised for sale on, this website contains a defamatory
statement, please notify us immediately by emailing us at abuse@seatwave.com. Once you
have emailed us, we will make all reasonable endeavours to remove
the defamatory content complained about within a reasonable
time.
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| 10. |
Liability
10.1. We accept liability for any losses you
suffer only up to a maximum amount of the value of the tickets plus
any VAT which has been paid to the Seller in respect of any
transaction. We will not be responsible for any indirect losses,
consequential, exemplary, special or punitive damages, lost
opportunities, loss of profits, anticipated profits, actual or
anticipated savings even if Seatwave has been advised of the
possibility of such damages. We do not limit our liability at law
for fraudulent misrepresentation or for death or personal injury
caused by negligence or any other type of liability which cannot by
law be excluded or limited.
10.2 Disclaimer: We do not guarantee that the
Site or the Seatwave Service will be error-free, uninterrupted or
that it will provide specific results. This Site is provided on an
"as-is" and "as-available" basis and we disclaim all liability for
the acts and omissions of any third party user.
Except as expressly set out in this Agreement, we expressly
disclaims any further warranties, conditions, or other terms,
either express or implied by statute or otherwise including the
implied warranties of merchantability, satisfactory quality or
fitness for purpose.
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| 11. |
Ownership of Intellectual
Property
11.1.The content and software on this site are
the property of Seatwave and/or its suppliers and is fully
protected by UK and international worldwide copyright law. You may
visit the site and make a copy of pages on this site for your
personal non commercial use. You may not without our permission
reproduce, edit, publish or transmit this site. You may use the
site to purchase tickets for personal use only.
11.2. You may not deep link into the site without
Seatwave's written permission.
11.3. The Seatwave name and logos are registered
trademarks of Seatwave and may be used publicly only with
Seatwave's prior written permission.
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| 12. |
Personal data
At Seatwave, we take privacy of your personal data very seriously.
Use of this Site and of the Seatwave Service is subject to our [ Privacy Policy
] |
| 13. |
General
13.1. We will not be held responsible for any
delay or failure to comply with our obligations under this
Agreement if the delay or failure arises from a cause beyond our
reasonable control.
13.2. If you breach this Agreement and we do not
take any action against you we shall still be entitled to use our
rights and remedies at a later stage or in any other situation
where you breach this Agreement.
13.3. All notices under this Agreement shall be
sent to us by recorded delivery to Seatwave Limited, PO Box 5631,
London W1A 2AJ. Any notice sent by email shall only be valid if
acknowledged by us in writing.
13.4. The provisions of this Agreement are
personal to you and us and are not intended to confer any rights of
enforcement on any other third party.
13.5. If any provision of this Agreement is or
becomes illegal, invalid or unenforceable under the law of any
jurisdiction, that shall not affect or impair the legality,
validity or enforceability in that jurisdiction of any other
provision of this Agreement.
13.6. Nothing in this Agreement and no action
taken by the Parties pursuant to it, shall constitute, a
partnership.
13.7. This Agreement is governed by and construed
in accordance with the laws of England and Wales. You agree, as we
do, to submit to the non exclusive jurisdiction of the English
Courts.
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