Terms & Conditions

TICKETRADER

TERMS AND CONDITIONS

INTRODUCTION

To use the Service, Users must Accept these Terms, which should be read carefully prior to using the Service. These Terms represent a binding contract between Ticketrader and the User. If the User does not wish to be bound by these Terms, the User should not Accept these Terms.

 

These  Terms  include exclusions of warranties and limitations of liability.

 

IMPORTANT  NOTICE   

 

Welcome to Ticketrader, (Ticketrader.com) is owned and operated by Ticketrader Uk .ltd as  Ticketrader.com.

 

Ticketrader Uk .ltd is a private limited company, registered in England (company number 13585040, registered office: Suite 140 Temple Chambers 3 -7 Temple Avenue, London, UK.  EC4Y 0DA). 

 

 

Below is the general information of the owner of the Ticketrader website and associated websites in compliance with the provisions of Directive 2000/31 / EC, of ​​the European Parliament and of the Council, of June 8 , regarding certain aspects of the services of the information society, in particular electronic commerce in the internal market (Directive on electronic commerce). Likewise, it partially incorporates Directive 98/27 / EC, of ​​the European Parliament and of the Council, of May 19, on injunctions regarding the protection of consumer interests.

These are the Terms and conditions of service for Customers (defined below) (“You” and “Your”), Promoters (defined below) (“Promoter”) and Event Organisers (defined below)(“Event creator”and “Event Organiser”) which apply to The Plattform (the “Terms”).

By accessing The Platform, and making any booking of tickets, promoting an Event or Events, creating  an Event or Events and\or carrying out other activities using The Plattform,  You  are subject to the Terms and agree to be bound by them. You  should make Yourself aware of the Terms and print a copy for future reference if necessary.

Please be aware that  personal information provided by You  to us via The Platform will be governed by the Ticketrader Terms and by our privacy policy 

To buy an Event(s) or Event(s) with service(s) from us, You  must be at least 16 years old and have a valid credit / debit card issued in Your name.

The user declares that he is of legal age in the state You  are using The Plattform(if under age of 18, the purchases must be under authorization of a  legal tutor) and has the necessary legal capacity to contract the services offered by the providers on the web, in accordance with the conditions detailed in this document, which the user declares to understand and accept.

 

These General Conditions have been conceived to ensure that the purchase process in Ticketrader is satisfactory and understandable for You. Ticketrader is an online shopping service, available 24 hours a day, where You  can easily purchase tickets for all kinds of shows and Events over the internet. Also It provides to its users an online website to sell and promote Events. 

The use of the Ticketrader.com website attributes the condition of the user and implies the acceptance of the provisions included in these General Conditions of Purchase in the version published by TICKETRADER at the same time that the user accesses the web.

DEFINITIONS:

In this document, these definitions will apply within the Terms and conditions of Ticketrader.com

 

1. Our relationship with Users,       Event Organisers and Event Promoters.

 

1.1. Our relationship with Users of The Plattform. 

1.1.1. Ticketrader acts as an agent, selling  tickets and associated products and / or services on behalf of “Event Organiser(s)”. Events listed on the website can also be promoted by “Promoters”. This means that “Promoters” can sell “Events”  loaded on the website by the “Event(s) creator(s)”.

1.1.2. We sell tickets at the moment, as they are assigned to us by the Organisers. “Promoter(s) can have access to tickets assigned by “Event creator(s)”  The number of tickets made available to us for sale varies from show to show. Tickets are usually sold through various distribution points, including Events Promoters,  telematics channels, call centers and, in some cases, ticket offices. All distribution points access the same inventory and ticketing system, so tickets to popular shows can sell out quickly. On occasion, more tickets may be made available prior to the show, but Ticketrader does not exercise any control over such inventory or its availability.

1.1.3. We do not purchase or acquire tickets or set ticket prices. We don't determine seating locations at Events (if applicable). We collect ticket money on behalf of Event Organisers and supply details of Your booking to them. Ownership of tickets and rights to grant entry to an Event remains with the relevant Event Organiser and does not pass to us at any time.

1.1.4. For some Events, tickets may be sold together with concessions, promotional items or other valuable benefits, such as transportation, accommodation, exclusive seats, meals or items promotions such as an all-inclusive package at an all-inclusive price.

1.1.5. Please note that we are not responsible for the behaviour, actions or inactions of Event Organisers or Event Promoters or any of  their representatives / staff. Any contract for the provision of Events or other entertainment and Event services is between You ,the user” and the Event Organiser and not Ticketrader. We simply provide a website to introduce You  to Event Organisers and vice versa. Ticketrader is not the creator, Organiser, or owner of the Events and their related content. Ticketrader disclaims all and any responsibility or liability for the running of an Event.

1.1.6. In very limited circumstances, we may act as principal rather than agent for ticket sales to certain Events. We will let You  know where we act as principal, otherwise we will always be acting as agent.

1.1.6. Owning a ticket(s) does not grant the entrance to the Event, any rights to grant entry to an Event remains with the Event Organiser, the Organiser can deny You  entry to the Event in any case and we can't change his decision. This is not  enough reason to ask for a refund. 

1.2. Our relationship with Event Organisers and Event Promoters.

1.2.1. For  Organisers and Promoters: The information we require from Organisers and Promoters (if set up and answered) will be requested for the sole purposes of enabling You  to administer the Event.

1.2.2. For Organisers and Promoters: unless we expressly agree in writing otherwise, we act as Your agent in facilitating the sale of tickets to Events. We do not purchase tickets, set ticket prices, or determine seating at Events (if applicable). We collect ticket money on Your behalf and supply booking details back  to You . (if You  are an Organiser or Promoter) . Booking details of Customers (i.e. name, email address, phone number (if supplied),  details of tickets booked .

1.2.3. Please note that we are not responsible for the behaviour, actions or inactions of  Users, Event Organisers or Promoters.  

1.2.4. Any contract for the provision of Events or other entertainment and Event services is between Users  and the Event Organiser(s) and not Ticketrader.

1.2.5. Ticketrader provides a website to introduce Users  to Event Organisers \ Event Promoters and vice versa. 

1.2.6.  You  acknowledge and agree that Ticketrader is not the creator, Organiser, or owner of the Events and their related content. 

1.2.7. Ticketrader disclaims all and any responsibility or liability for the running of an Event. 

1.2.8. If You  upload content in The Plattform  acting  as Event Organiser or Event Promoter , You   agree that You  are solely responsible for ensuring that any page displaying an Event on The Plattform and the Event itself meet all applicable local, national and other laws, rules and regulations, including but not limited to, those concerning health and safety (including all applicable Covid-19 rules, regulations and restrictions), noise, capacity, security and licensing. 

1.2.9. It is possible that we might place advertising on The Plattform, including near or around information about Your Event.

1.2.10. Event Organisers undertake that the Event or other goods and services described  (by the Event Organiser) on The Platform are delivered in an accurate, acceptable and safe manner.

1.2.11. Event Organisers  agree that they will not use The Platform unless they have the permission, approval and authorization  from venue owners, local authorities, councils, land owners ( if applicable) to run  the Event and sell tickets to users.

1.2.12. Tickets issued  are subject to the Terms and conditions, rules and regulations of the Event Organiser (which may also include rules and regulations relating to the  country laws, venue owner(s) and/or premises where an Event is held). 

1.2.13. Further details of the Events listed on the website are available from the Event Organiser on request made to them directly. 

1.2.14. The Event Organiser is solely responsible for ensuring that any page displaying an Event on The Plattform and the Event itself meet all applicable local, national and other laws, rules and regulations, including but not limited to, those concerning health and safety (including all applicable Covid-19 rules, regulations and restrictions), noise, capacity, security and licensing.

1.2.15. When purchasing tickets and attending an Event, Users and all ticket holders agree to comply with all laws, rules, regulations and requirements as prescribed in relation to that Event. 

1.2.16. Country laws  and any applicable rules including any prescribed  must be followed by the Users and tickets holders, within the premises at which an Event is held.

1.2.17. The Event Organiser, their staff, and Ticketrader.com  accept no responsibility for any personal property taken  or lost in an Event. 

1.2.18. At the Event Organiser’s discretion, there may be no pass-outs or re-admissions of any kind to an Event. 

1.2.19. Ticket holders are advised that official merchandise is usually only available inside the venue or premises where the Event is being held. However this can vary depending on the Event Organisers and the Event.

1.2.20. The Event Organiser Terms may contain a provision that ticket holders arrive at a venue or premises by a certain time.

1.2.21. Although we encourage Event Organisers to try and accommodate late arrivals as much as possible, failure to arrive by the time stipulated may constitute a breach of the Event Organiser Terms, which shall entitle an Event Organiser to refuse You  entry. This is not enough reason to request a refund from the Event Organiser or Ticketrader. 

1.2.22. Ticketrader reserves the right to accept or reject a refund to the Event creator. The Event creator is  the only responsible for the decision of issuing a refund to users or ticket holders.

1.2.23. If You  have booked tickets for You  and Your friends or are part of a group, all of You  must attend at the same time as the person who bought the ticket. 

1.2.24. Unless tickets have been validly transferred via The Platform, an Event Organiser reserves the right to refuse entry if all members of a group do not attend at the same time. Users should note that an Event Organiser has the discretion to enable / disable ticket transfers at any time.

1.2.25. When using The Plattform, Users agree that we have no responsibility for Users' compliance with the Event Organiser Terms.

1.2.26. If You  are refused entry to an Event because You  do not satisfy the Event Organiser Terms, You  will not be entitled to a refund. Please see our Cancellations and Refunds Policy for further information. 

1.2.27. Please note that the refund policy is written within the Event page information and it cannot be changed on demand. Users accept these policies when purchasing an Event ticket.

1.2.28. All details about Events advertised by us are provided on behalf of the Event Organiser and are supplied by the Event Organiser themselves. Ticketrader is not responsible for any content uploaded by Event Organisers.

1.2.29. You  are strongly advised to check Event details with the venue or premises at which it is to be held and /or the Event Organiser before travelling to an Event. 

1.2.30. Whilst we make best efforts to keep all information as up-to-date as possible, Ticketrader cannot be held responsible for any errors.

1.2.31. Any dispute or complaint regarding the content or quality of an Event, or any actions / inactions of the Event Organiser, their staff, DJs, performers (or their representatives), is deemed to be between You  and the Event Organiser, and should be made to them directly. However, we are always interested in learning about Your experiences in attending Events, so please feel free to contact us about this.

1.3. Our obligation  with  Event Organisers and Event Promoters 

1.3.1. We will display details about Event Organisers and Event Promoters. If You  act as an Event Organiser or Event Promoter ,  Your profile, Events  and tickets for  sale for Events on The Platform will be visible to Users, but we do not guarantee that any or all of the tickets You  make available for sale will be purchased or booked. We take no responsibility for marketing or promoting Your Events.

1.3.2. We retain sole and complete discretion to decide the look and feel of The Plattform and the manner and length of time for which Events are published.

1.3.3. We will obtain payment from the users for the value of a ticket, set by Event Organisers, and will forward the full face value of all sold tickets to Event Organisers in accordance with our payment Terms (see below) as well as any proportion of booking fees charged, as may be agreed between us from time-to-time.

1.3.4. Event Organisers can set a commission scheme for Promoter sales of the Event. Commission sales by Promoters can be cancelled / not transferred into the Promoter account if the user requests a refund and gets accepted by the Event Organiser.

1.3.5. The commission setted cannot be changed after Event Promoters accept promoting the Events listed by Event creators. 

1.3.6. We will not charge users for the Event information  provided in accordance with these Terms, unless otherwise agreed.

1.3.7. Subject to the other provisions of these Terms, we will not sell tickets for more than the agreed face value.

1.3.8. In addition to the face value of a ticket, we typically charge the Customer a booking fee as payment for the services provided by us (although we shall be under no obligation to do so). The booking fee will be clearly itemised as a separate charge from the face value of the ticket.

1.3.9. We retain the sole and complete discretion as to whether to charge a booking fee and the level of such fee. Unless otherwise agreed, Users will not be entitled to be refunded for all or any part of the booking fee.

1.4. Event Organiser and Event Promoters obligations

1.4.1. Event creators  and Event Organisers confirm and ensure  that they are authorised to appoint us as an agent in respect of their Events listed on the website  and that all rights and permissions have been obtained to enable us to promote the Events.

Event creators and Event Organiser must assure that: 

1.4.2. Accept our  Terms and conditions and our Cancellations and Refunds Policy

1.4.3. That provides the right value price information for all tickets You  make available for sale through The Plattform.

1.4.4. The information given to users through the plattform  is accurate, and updated to ensure that the information given to users is complete. Therefore the information  provided should include the accurate description of the  Event listed on the website, Event date, opening and closing times, entry cut-off times, venue, location, dress code(if there is any), age restrictions and any other relevant restrictions or conditions relating to an Event.

1.4.5. To ensure that competent staff  are in possession of any  scanning equipment and any printed or digital lists of sold tickets at the entrance to an Event. 

1.4.6. To make  sure that the tickets listed and available through The Plattform are available (the “Ticketrader.com Allocation“) and not to sell those tickets by another method unless tickets not sold are first removed from the Ticketrader.com Allocation and The Plattform.

1.4.7. To make sure that the quantity of tickets sold does not exceed the legal limit of the location designated for the Event listed on the plattform.

1.4.8. If printed lists of users attending Your Event are used, You  will ensure that it is either updated to reflect ticket bookings made after the time of printing or that tickets cannot be booked after such lists have been printed, in order to give access to all users attending Your Event. 

1.4.9. To include the Ticketrader link of Your Event page / selling link in all relevant website, social media, push notification and email marketing You  do for Your Event's advertising unless we expressly request You  not to do this.

1.4.10. Not to use our name, logo, address, URL or any other details of The Plattform or any details of Ticketrader.com or Ticketrader Uk Ltd on illegal or unauthorised flyposting; in any other publicity activities that may be illegal or contravene local by-laws or where we ask You  not to do so.

1.4.11. To carry out regular checks of Events You  have created via The Platform to determine how many tickets have been sold and who is attending.

1.4.12. To check that the persons attending Your Event with our e-tickets are named on the Ticketrader.com validation ticket function within the website (or any printed lists) and to confirm their identity to Your satisfaction.

1.4.13. To make best efforts to use our validation tickets function on The Platform to validate and process Ticketrader.com tickets (where applicable) and facilitate entry of users where practicable.

1.4.14. To grant holders of Ticketrader.com Tickets priority and speedy entry.

1.4.15. To permit entry to all persons with Ticketrader.com tickets (and any specified number of accompanying persons holding tickets). Always subject  to complying with Your Terms and conditions of entry.

1.4.16. To make best efforts to accommodate late arrivals and Ticketrader.com ticket holders who have missed any specified entry cut-off time.

1.4.17. To accept our Ticketrader.com tickets and to treat them as conferring the same rights as printed tickets or any other form of booking available for the same Event.

1.4.18. To restrict access to any person presenting themselves with a Ticketrader.com Ticket who cannot confirm to Your reasonable satisfaction that they are the ticket holder, including any person who has obtained a Ticketrader.com ticket from any source other than The Plattform.

1.4.19. Not to admit any person who we inform You  has obtained a Ticketrader ticket fraudulently or in contravention of our Terms and Conditions.

1.4.20. To accept our payment Terms (as set out below), and to provide a valid method to transfer funds like Paypal account or bank details so that payment can be made to You  electronically.

1.4.21. That any dispute or complaint regarding the content or quality of an Event, Your actions or inactions, or those of Your DJs, performers, or Your staff and representatives, is deemed to be between You  and the Customer, and should be dealt with directly by You .

1.4.22. We may investigate any complaint made against You  by a Customer and You  will assist us in the handling of such complaint in order to give the best service possible to our customers.

2. Contract for Users and  use of The Plattform

2.1. Contract for users

 

2.1.1. Any purchase of an article, service or tickets within the website is governed by: (i) the General Purchase Conditions; (ii) any kind of special Terms and conditions that may be published on our website; and (iii) the Terms and conditions of the Organiser (s) and / or the show, which can be consulted on their respective websites. The Terms and conditions of the venue can also be consulted at the ticket office of the venue. The Organiser is under obligation to publish this information and make it available so the users can access it. 

2.1.2. Your purchase contract for an Item begins when we confirm Your purchase and ends as soon as the show for which You  purchased the service, or goods ends, although, if You  have purchased any product within a directed Sale, Your purchase contract for the It will end fourteen (14) days from the date it is delivered. All purchases are subject to verification of the payment card and other security checks, and You're operation may be cancelled if it does not pass our verification process. Ticketrader does not assume any liability or responsibility regarding the service or goods purchased on the website. Such responsibility is solely under the Event Organiser and any complaints, claims or disputes must be handled directly through the user and the Organiser. Hoewer we are always happy to help in the best way we can.

2.1.3. It is completely forbidden to obtain or attempt to obtain any kind of Items through the unauthorised use of any robot or other automated device or any other illegal or unauthorised activity. We reserve the right to cancel or delete Your account and take Your funds if You  try to do so. 

2.1.4. We reserve the right to cancel any operation that we reasonably suspect has been carried out in breach of these provisions, without prior notice to You , and all and any of the Items acquired through said operation will be void.

2.1.5. We reserve the right to cancel bookings that we reasonably suspect have been made fraudulently.

2.1.6. We reserve our right to close Your account and keep 100% of Your funds  in case we suspect You  are breaking  any of our Terms.

2.2. Use of the Service by Customers

 

2.2.1. Ticketrader  provides a website to Customers to enable them to search for, purchase and register for Tickets/Vouchers for Events and Offers, which are promoted and advertised on the Service by Event Organisers and Promoters

2.2.2. Ticketrader  is in no way responsible for the description, staging, quality or value of Events or Offers and is not affiliated with the Events or Offers in any way.

2.2.3. Ticketrader  shall not be liable to the Customer for any refunds 

2.2.4. The Customer shall comply with any applicable terms and conditions of the Promoter, the venue of an Event, the Offer or any other relevant party.

2.2.5. Customers shall be entitled to browse and ‘follow’ various Promoters from time to time through the Service.

 

2.3 Contract and terms for Event Organisers: 

 

2.3.1. Any sells of an article, service or tickets within the website is governed by: (i) the General Purchase Conditions; (ii) any kind of special Terms and conditions that may be published on our website; and (iii) the right of the users which includes, their local right governed by state laws and humans rights.

2.3.2. Your sales contract for an Item begins when we confirm Your sales and ends as soon as the show for which You  sell the service, or goods ends, although, You  have  to provide an after service (14) days from the date for goods delivered. For services sold, You  have to provide an after service to Your users and You  must comply with all local laws and commerce laws of the state or country where the Event takes place.

2.3.3. All sales are subject to verification of the payment card and other security checks, and You're operation may be cancelled if it does not pass our verification process. Ticketrader does not assume any liability or responsibility regarding the service or goods sold on the website. Such responsibility is solely under the Event Organiser and any complaints, claims or disputes must be handled directly through the user and the Organiser.

2.3.4. It is completely forbidden to sell or attempt to sell any kind of illegal  Items or services  through the  plattform, or any unauthorised use of any robot or other automated device for any unauthorised activity. We reserve the right to cancel or delete Your account and take Your funds if You  try to do so. 

2.3.5. It is completely forbidden to sell or attempt to sell fake Events, or sell fake or illegal articles or goods through the website, and we reserve the right to cancel Your account and take any funds that You  might hold within Your account without giving You  or Your associates a  previous warning. 

2.3.6. We reserve the right to cancel any operation that we reasonably suspect has been carried out in breach of these provisions, without prior notice to You , and all and any of the Items acquired through said operation will be void and Your funds will be taken and not refunded under any circumstances.

2.3.7. We reserve the right to share Your information with the local authorities and denounce You  if You  try to break any of the previous Terms. We take very seriously this question, and will not hesitate to put in knowledge to the competent authorities if You  break any of these rules, or try to break the law using our website.

2.3.8. We reserve the right to close any account that we suspect of running illegal or fake  activities and we will keep all funds You  might have in Your account if You  break our Terms. 

2.3.9. We reserve the right to cancel bookings that we suspect have been made fraudulently. 

2.3.10. We reserve our right to close Your account and keep 100% of Your funds  in case we suspect You  are running any illegal activity or breaking any of our Terms.

 

2.4. Contract and terms for Event promoters:

 

2.4.1. Promoters are neither employed by Ticketrader  nor by Event Organisers directly. It is a Promoter’s sole responsibility to declare and be accountable for any taxation requirements. Ticketrader  is acting purely as a website for Promoters to earn commission from Event Organisers.

2.4.2. Ticketrader offers a website enabling reposting/promoting third party Events. Therefore, it enables You  to sell tickets in return for a commission (“Ticketrader  Become a Promoter section”).

2.4.3. If You  wish to promote other people’s Events, and sell tickets, You  must sign up to the Ticketrader Platform at https//www.Ticketrader.com and introduce the information we request from You  in order to allow You  to become a Promoter on our website. 

2.4.5. Ticketrader  is not responsible for the level or nature of commissions offered by Event Organisers, and is not affiliated with their Events or offers for promotion in any way.

2.4.6. You  must be aged 18 or over to join Ticketrader's Promoter website, unless You  are specifically joining The Platform to promote an Event for under 18s.

2.4.7. Ticketrader  shall pay any agreed commission to Promoters when users claim funds. Promoters can see the amount of commission they are entitled to by logging in to their account. Payment will only be made if a Promoter  has submitted valid bank details and submitted a payment request. If there is any dispute as to the commission payable,  Promoters should take this up with the relevant Event Organiser directly. 

2.4.8. Each Promoter must  ensure not to misrepresent any details about the Event promoted and must ensure that all information provided about the Event promoted is accurate and not misleading.

2.4.9. As a Promoter, You  agree not to engage in marketing activities, whether online or offline, that fall into inappropriate or illegal use. Illegal activities include, but are not limited to: promoting hate, crime,fraud, pornography, or racism; operating, utilising, or promoting links to any website that contains, any content that is defamatory, obscene, pornographic, abusive, violent, hate-oriented,or offers any illegal goods or services. If You  engage in any Illegal activities, Your participation under the Ticketrader promoting  website will automatically terminate and You  will lose all compensation earned.

2.4.10. We reserve the right to terminate Your access to the Ticketrader website at any time without notice if we have reasonable grounds to believe You  have breached any of the Terms and conditions.

 

2.4.11. Ticketrader provides a website for event promoters to enable them to promote event tickets in return for a commission, which is set and paid by the Event Organiser

2.4.12. The Promoter shall be entitled to appoint its own will to promote Tickets for Events on behalf of itself, in return for a commission which is set and paid by the Event Organiser.

2.4.13. Ticketrader is in no way responsible for commissions set by the Event Organiser and is not affiliated with the Events or Offers in any way.

2.4.14. Ticketrader shall not be liable to pay any agreed commission to the Promoters.  A Promoter's sole remedy for non-payment of such commission shall be against the Event Organiser.

2.4.15. Promoters are neither employed by the Event Organiser nor by Ticketrader directly. It is the Promoter's sole responsibility to declare and be accountable for any taxation requirements. 

2.4.16. Ticketrader is acting purely as a website for Promoters to earn commission from Event Organisers.

2.4.17. Each Promoter is responsible for the withdrawal of their funds from their User account with Ticketrader, as well as providing Ticketrader with correct funds details (bank details or Paypal account)

2.4.18. Promoters shall at all times act in good faith towards both Ticketrader and the Event Organiser and shall not act in any manner which might bring either Ticketrader or the Event Organiser into disrepute.

2.4.19. Each Promoter shall ensure that, when promoting and marketing any Tickets to Events, they do not misrepresent any details about the Event and that all information they provide about the Event is accurate and not misleading.

 

2.5. Your use of The Plattform

 

2.5.1. Any user, visiting, searching, logging in or signing, buying, selling,  sharing, promoting or creating Events or any other use of The Plattform is due to these Terms with no exception.  

Referring to clausule 2.3.1, by any use of  The Plattform, You  agree that:

2.5.2. All information provided by You  to us, including on registration with The Plattform, is true, accurate, up-to-date and not misleading in any respect. You  can update Your information and details at any time by accessing Your account via The Platform.

2.5.3. We reserve the right, at any time and without previous warning, to restrict or prEvent You  from using The Plattform, therefore we will look to honour ticket bookings where possible, unless You  have failed to comply with the Terms, or other circumstances beyond our control apply.

2.5.4. You  must comply with all applicable laws.

2.5.5. If You  act as  an Event Organiser or an Event Promoter ,  You  are responsible and liable for ensuring that anyone using The Platform via Your account log-in details complies with these Terms.

2.5.6. You  will not use The Plattform (or any part thereof) for any unlawful purpose.

2.5.7. If You  act as  an Event Organiser or an Event Promoter , You  will not use The Plattform (or any part thereof) for any unlawful purpose, including creating false or fake Events with a view to soliciting payment from ticket sales.Failing to comply with this term will compromise our capacity to provide You  the service we are intended to, therefore clausule 2.1.6 and 2.2.10 will apply depending the nature of Your use of The Plattform. 

2.5.8. You  will refrain from doing anything which we believe (in our reasonable opinion) to be disreputable, or capable of damaging our reputation. We reserve the right to close Your account and keep Your funds if You  break any of these Terms in any case.  

2.5.9. You  will not use The Platform in any way that causes The Plattform to become damaged or impaired, or in any way compromises the effectiveness, efficiency or functionality of The Plattform.

2.5.10. You  will not upload or transmit any computer viruses, macro viruses, trojans, worms or other harmful programmes designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. You  will comply with all applicable laws all the time. The Platform and its representatives are not liable in any case for any fraudulent, illegal or fake Event uploaded on it.  Only the user or users uploading such content will be liable and accountable for breaking our Terms or/and  breaking the law. 

2.5.11. You  will not attempt any unauthorised access to any part of The Plattform, access or attempt to access the accounts of other users, penetrate or attempt to penetrate any security measures, or attempt to use The Platform in any manner which violates or infringes the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy).

2.5.12. We have limited control over the nature and content of information and communications transmitted and received through The Plattform. Although we reserve the right to monitor such content, therefore You  consent our access to any content uploaded in The Plattform, including Your personal data, Your preferences and any other information uploaded by You  within the plattform. It is not our typical policy to monitor Your data however,we reserve our right to do it and/or delete any content uploaded by You  that might fail to comply with our Terms.  We  disclaim any liability in respect of any content deleted or monitored.  Should You  wish to complain about another user of The Plattform, please contact us.

2.5.13. You  will not  share, upload content or disseminate any information,which is defamatory against any person or company, or obscene content that may have the effect of being harassing, threatening or abusive to an individual,  group of individuals or organisations on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability or otherwise.

2.5.14. If You  are a “Customer”, You  will treat Event Organisers and their respective staff introduced to You  through The Plattform in a respectful manner, and not cause harm to any property or person or engage in any unlawful, threatening, harassing, discriminatory, abusive behaviour or activity when attending an Event, interacting with Event Organiser staff or otherwise using the service under The Plattform.

2.5.15. If You  are acting as “Event Organiser” or/and “Event Promoter ”  You  will treat Customers introduced to You  through The Plattform in a respectful manner, and not cause harm to any property or person or engage in any unlawful, threatening, harassing, discriminatory, abusive behaviour or activity when interacting with Customers or using the service under The Plattform.

2.5.16. You  must not share Your password with anyone, let anyone else access Your account or do anything else that might jeopardise the security of Your account.

2.5.17. Content on our Platform is not intended for Your commercial use. You  have no right to use, and agree not to use, any content for Your own commercial purposes. You  have no right to, and agree not to scrape, crawl, or employ any automated means (including bots, macros, or scripts) to extract data from The Plattform, including but not limited to for the purpose of creating multiple user accounts and booking tickets to Events. If we determine, in our absolute discretion, we shall have the right to immediately suspend Your user account (and any related user accounts) and cancel / refund any tickets booked by You .

2.5.18. You  will keep Your details, including name and correspondence details, payment information, VAT or other taxation details up-to-date at all times. It is not our obligation to do any taxation labour for You , or the activity You  might be running,  You  are the only responsible for these duties and we strongly advise You  to keep Your acknowledgement of Your taxation responsibilities.

2.6. Event Organiser Marketing

 

2.6.1. We may present to our customers a tick box asking for their consent to receive marketing from You . In the Event that we do this, we will pass any consent that we receive on to You  and You  will be able to access these via Your Platform account. 

2.6.2. Please note that under data protection laws You  do not automatically have the right to use the personal data of Customers from Ticketrader for the purposes of marketing.

2.6.3. You  are solely responsible for ensuring that all personal data passed to You  is handled and used in a lawful way.

For further information, please visit our Privacy Policy.

2.7. Termination

2.7.1. We may terminate these Terms and close any account You  have with us without notice. However we will inform You  on Your registered email if this happens. 

2.7.2. We may also terminate these Terms immediately and close Your account without notice if You  breach any of Your obligations under these Terms, or if court or bankruptcy proceedings are brought against You .

2.7.3. We reserve the right to suspend, restrict or terminate the access to The Platform at any time without notice if we have reasonable grounds to believe You  have breached any of  the Terms. This shall not limit our right to take any other action against You  that we consider appropriate to defend our rights or those of any other person.

2.7.4.  You  are under no obligation to use The Platform and may simply choose to stop using it at any time.

2.8. General  

2.8.1. These Terms are in place only to provide rights between You  and us. It is not intended to give rights to anyone not using The Platform unless we expressly indicate so. We may assign our rights and obligation under these Terms  to any new provider of The Platform without Your prior consent. By signing these Terms You  give  Your consent to us to make these changes without notice.

2.8.2. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then the provision will be deleted. Any such deletion will not affect the validity and enforceability of any of the other provisions of these Terms. 

2.8.3. These Terms and the relationship between You  and us shall be governed by the laws of England and Wales without regard to its conflict of law provisions. Ticketrader uk ltd is a UK company. You  and Ticketrader agree to submit to the personal and exclusive jurisdiction of the courts of England and Wales. If there is any issue that You  are not able to resolve with us You  may be eligible to submit a complaint on the EU Online Dispute Resolution website available at www.ec.europa.eu/consumers/odr.

2.8.4. We may amend these Terms at any time by posting the amended Terms on our Website and / or by amending the Terms as they are accessed from The Plattform. It is Your responsibility to review these Terms from time to time to check if they have been amended. If You  continue using  The Platform after we have posted any amended Terms, You  accept our updated Terms. Should You  not accept these amendments, You  may choose to stop using The Platform at any time.

3. Booking and purchase Terms     

3.1. General ticket Terms  

View our cancellation policy here.

3.1.1. Any ticket You  buy from Ticketrader is a personal licence that provides you the right to attend an event. However, your ticket remains as property of the organiser and it is  revocable. It can be withdrawn, with admission denied at any time. If this happens, You need to check the refund policy that the organiser is applying for. 

3.1.2. You can submit a refund request to the organiser if the organiser has a refund policy, however if the organiser has a no refund policy you will not have this option, therefore you will not be refunded. 

3.1.3. If the Organiser has a refund policy, and you submit a refund request, the organiser of the Event has to accept it. In case your Refund request is accepted, you will be refunded the sale price of the ticket for which You send the request (including the corresponding management costs per ticket but excluding the Ticketrader processing fees per Ticket refunded). 

3.1.4. It is Your responsibility to check Your tickets; Errors cannot always be rectified

3.1.5. You  are entitled exclusively to a seat of a value that corresponds to that indicated in Your ticket. Both we and the venue or the Promoter reserve the right to reassign seats if needed (both before and during the show) other than those that were initially assigned or appear in the tickets.

3.1.6. You  will not be able to combine a Ticket with any benefit, trip or accommodation service and / or any other kind of promotional objects, products or services to create a package, unless You  obtain the Organiser authorization. We can't authorise a combined use of benefits, only the Organiser can authorise it.

3. 2. Booking Your tickets 

3.2.1. When using The Platform, You  may generally book up to 10 (ten) tickets at any one time, subject to availability and unless otherwise specified. If the number of tickets You  may book is restricted, You  will be notified of this at the point of booking.

3.2.2. When buying tickets from us, the number of tickets You  can buy will be limited to a specific number for each show. This number is included on the first purchase page and is verified on each transaction. This policy is in effect to prevent unfair practices when buying tickets. Tickets may be limited to a maximum number per person, per credit card, and for some shows, a restriction per household may apply. We reserve the right to cancel tickets purchased that exceed this number without prior notice.

3.2.3. When using The Platform, You  may generally book up to 2 (two) free tickets at any one time, subject to availability and unless otherwise specified. If the number of tickets You  may book is restricted, You  will be notified of this at the point of booking.

3.2.4. Tickets may be booked by selecting the “Book Now” or “Buy Tickets'' buttons and then following the prompts that appear on-screen. You  may check and correct any input errors in Your order up until the point at which You  submit Your order to us by selecting the “Pay Now” or “Confirm Tickets” buttons.

3.2.5. Once submitted, Your order constitutes an offer to us to book a ticket. All orders are subject to acceptance by us. We are not obliged to accept Your order and may, in our discretion, decline to accept any order. Where we accept Your order, we will confirm such acceptance to You  by displaying a booking confirmation on-screen, and by sending You  an email that confirms we have accepted Your order and provides details of Your booking. In case we refuse your booking offer, we may immediately terminate or suspend Your booking (and suspend or void the ticket) if subsequently Your payment details are found to be invalid or lack funds by our payment provider, or we or our payment provider reasonably suspect fraudulent behaviour linked with Your account.

3.2.6. Once Your purchase is completed and the confirmation email has been received, Your tickets will be available for you and you will receive; both on the final purchase screen and in the confirmation email, a confirmation of your booking.  

3.2.7. Your tickets will be sent directly to the email provided at the time of the transaction, if You  are a registered user in Ticketrader, You  can find your tickets in the My tickets section, logging in with your registered mail. In case you don't receive your tickets, you will be able to find your tickets by logging in with the same email you purchased your tickets. 

3.2.8. Where You  book tickets through the website application You  will  receive an email confirming Your booking with a PDF e-ticket (“e-ticket”). Where You  book tickets through the Ticketrader website, this can also be accessed through “My Tickets' ' on the homepage website application. 

3.2.9. The Event Organiser has entered into an agreement with us to honour m-tickets and e-tickets and QR codes we supply, and to treat them as conferring the same rights as any other form of booking available for the same Event.

3.2.10. Mobile delivery may incur normal network operator fees for data or SMS messages, to be paid by You . If any premium SMS messages are involved in the booking, it will be made clear to You  in advance.

3.2.11. When attending an Event, You  must ensure that You  have Your m-ticket or e-ticket ready for display. You  should also bring valid photographic identification and anything else required under the Event Organiser Terms. 

3.2.12. The Event Organiser will scan Your m-ticket or e-ticket using the Ticketrader App and / or verify the ticket against lists of attendees. 

3.2.13. A ticket may not be used to carry out advertising, promotions, contests or raffles unless the Organizer's reliable and written authorization is obtained. However, in the Event that such consent is obtained, the use of our trademarks and other industrial and intellectual property must be with our prior consent.

3.2.14. Tickets must be used on the date and, if applicable, by a certain time of the Event specified, or they will no longer be valid. You might not be entitled to a refund if tickets are not used on their specified date or by any specified time. Hoewer this is entirely up to the Event Organiser and its refund policy, which will be display on the event page on the website. 

3.2.15. Your tickets should not be copied or reproduced in any form, including by way of photograph or screen-grab / shot or similar. Unless You  legitimately transfer tickets via The Platform, any attempt to re-sell, trade, transfer or reproduce a ticket is grounds for seizure or cancellation of that ticket without refund or other compensation and Your Ticket Ticketrader account may be terminated by us.

3.2.16. It is Your responsibility to ascertain whether an Event has been cancelled and the date and time of any rescheduled Event. If an Event is cancelled or rescheduled, we will use reasonable endeavours to notify You by mail of this fact once we have received the relevant authorisation from the Event Organiser. We do not guarantee that ticket holders will be informed of cancellation before the date of the Event. 

3.2.17. Tickets are offered subject to the Event Organiser’s right to alter or vary the programme due to Events or circumstances beyond its reasonable control. In such circumstances, You might not be entitled to a refund, unless otherwise provided. Hoewer this is entirely up to the Event Organiser and its refund policy, which will be display on the event page on the website. 

3.2.18. Your ticket remains the property of the Event Organiser and is a personal revocable licence which may be withdrawn and admission refused at any time, if this happens, you might or might not be entitled to a refund. You can find the refund policy on the event page, which is settled solely by the Event Organiser.

3.2.19. Event Organisers may prohibit us from issuing exchanges or refunds for purchases, or for lost, stolen, damaged or destroyed tickets. It is Your responsibility to keep Your tickets safe. We are under no obligation to supply You  with a duplicate ticket if Your ticket is lost or stolen. If duplicate tickets are issued, a reasonable administration charge may apply.

3.2.20. Unless with the express permission of us and / or the Event Organiser, You  may not combine a ticket with any other promotions or use a ticket as an incentive or prize in a promotion or competition, or otherwise use such ticket in the course of business.

3.3. Ticket Price, booking fees, and payment  

 

3.3.1. We accept credit and debit  cards: Visa, Mastercard, and American Express, regardless of the entity and the modality (credit / debit).

3.3.2. Ticketrader uses a secure server and the latest encryption technology, to ensure a safe payment either with Paypal, debit or credit cards.

3.3.3. Purchases You  make from us generate fees per Item and non-refundable delivery costs per order, all of which will be specified before the purchase process begins.

3.3.4. The Platform is free to access. Ticketrader’s tickets sold through The Plattform will display a face-value price and, where applicable, a booking fee. 

3.3.5. Free tickets do not generate fees, therefore free tickets will always be free for Customers.

3.3.6. Unless otherwise stated, a booking fee will be applied to all Ticketrader tickets sold through the Platform in accordance with the pricing displayed on our website, which we may adjust at any time and without prior notice. The booking fee may be higher than the pricing displayed on our website where an Event Organiser has decided to increase this.

3.3.7. Any booking fee will be clearly displayed on The Platform at the point of purchase. The booking fee comprises charges to cover our services and payment processing costs. Ticketrader reserves the right to round booking fees up to the nearest £/€/$ or other such other currency as tickets are denominated in. Unless stated otherwise, the booking fee is inclusive of VAT. Ticketraderwill account for VAT in accordance with applicable legislation and contractual arrangements entered into with Event Organisers.

3.3.8. All payments for tickets must be made using either a debit or credit card. We do not provide for cash payments. Payment details can be entered under “Account Settings' ' or as part of the ticket purchase process if it is Your first time buying tickets through The Plattform.

3.3.9. You  should be aware that online payment transactions are subject to validation checks by Your card issuer and we are not responsible if Your card issuer declined to authorise payment for any reason. Please note, it is possible that Your card issuer may charge You  an online handling fee or processing fee. We are not responsible for this. Occasionally, our payment provider may test Your account by debiting a small amount (typically £1). This debit will not remain and Your account will be credited the amount debited soon after the test completes.

3.3.10. Prices for tickets are subject to change at any time. Tickets for which You  have received booking confirmation from us will not be affected by any change in the ticket price.

4. Tickets sales, pricing, remittance of tickets sales proceeds, fees and other amounts 

4.1. Tickets sales and pricing

4.1. Your ticket sales should not exceed the legal capacity for the place where the event is taking place, therefore  You  agree not to make available through The Plattform and all other methods of sale, more tickets than the legal capacity of the Event.

4.1.1.  Any cut-off times specified for each ticket, can be sold as late as You  make them available through The Plattform and as far in advance as The Plattform permits. These cut times determines also the last date and time that an event can be promoted by promoters and also the last date and time for wicht a ticket can be sold/bought. 

4.2. Remittance of tickets sales proceeds, fees and other amounts 

4.2.1. The Platform is free to use. Unless otherwise agreed, we will not charge You  any subscription or usage fees.

4.2.2. Tickets may be sold through The Plattform free of charge or at a price determined by You . Unless otherwise stated or agreed, free tickets will not incur a booking fee.

4.2.3. We will hold in your account the total face value of Ticketrader Tickets sold by us on The Platform for each Event. 

4.2.4. Unless otherwise agreed, we will pay You when you request your funds to be transferred into your Paypal account. We will transfer your funds as soon as possible, after the Event has concluded (once funds have cleared in our account) and typically within 5 (five) business days of your fund request. 

4.2.5. It is Our obligation to pay You  the total face value of Ticketrader Tickets sold by us on The Platform for each Event and any other payments owed by us to You  shall only arise once (a) the Event has taken place and (b) we have received cleared funds in our bank account from the sale of Ticketrader Tickets to Your Event. 

4.2.6. If we have agreed to pay You  the total face value of Ticketrader Tickets sold by us on The Platform for an Event in accordance with an agreed payment agreement, however we reserve the right to immediately suspend or stop any and all advance payments to You  in our complete discretion, including where we believe an Event might be cancelled, postponed or rescheduled or where we believe Your credit profile, or the risk profile of Your Events, has changed. We reserve the right to alter and extend any and all payment Terms in our complete discretion at any time including, but not limited to, when there are disputes, chargebacks, allegations of fraudulent transactions, Customer complaints, and refund claims in connection with an Event or where the risk profile of an Event changes - for example, there is an increased risk of an Event being cancelled, postponed or rescheduled.

4.2.7. We pay by standard bank transfer direct to Your nominated account or Paypal. This transfer is subject to standard banking conditions. It is Your responsibility to give us Your correct bank details / Paypal account. Payment will not be made to You  until we have received such details. We accept no liability for payments that are lost as a result of You  giving us incorrect bank details.

4.2.8. You do not need to invoice us for the sale of Ticketrader Tickets. We will not add VAT to, or deduct VAT from, the face value of the Tickets unless agreed otherwise. Accounting for and payment of any VAT due on the sale of Ticketrader Tickets is Your obligation. If You  are registered for VAT, You  agree to provide a VAT receipt to Customers who request one.

4.2.9. Unless otherwise stated or agreed with You, all money remitted to You, including but not limited to the proceeds from the sale of Ticketrader Tickets, rebates, bonuses or incentives shall be inclusive of VAT and You will not charge us VAT in respect of these. It will be Your responsibility to discharge any VAT obligation in respect of the amount remitted to You.

4.2.10. Unless otherwise agreed with You, we will charge a booking fee on all Ticketrader Tickets sold through The Platform in accordance with the pricing displayed on our website, which we may adjust at any time and without prior notice to You. Your Organiser account may be updated by us at any time to reflect the fees and pricing displayed on our website unless we have agreed with You  otherwise. The booking fee may be internalised or passed to final customers. Ticketrader reserves the right to round booking fees up to the nearest £/€/$ or other such other currency as tickets are denominated in.

4.2.11. We will account for and pay any VAT due on the booking fee where this is retained by us. If we remit all or part of the booking fee to You , including as a rebate or bonus payment, this will be inclusive of VAT on that amount, and it will be Your responsibility to discharge any VAT obligation in respect of the amount remitted to You.

4.2.12. Ticketrader may charge You  a service fee in connection with the provision of our services, as agreed with You  directly. We will account for and pay any VAT due on the service fee only.

4.2.13. We will pay all payment-card processing charges incurred in the Customer transaction, and will not charge You  for these unless otherwise agreed.

4.2.14. 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. 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 in case there is any.

4..2.15. We reserve the right to retain a certain percentage of the face value of Ticketrader Tickets sold through The Platform to Your Event(s) and any other fees for services provided by us to You  (with such percentage being determined by us in our sole discretion) to fund a reserve: (i) at any time as we determine in our discretion to be necessary based upon the level (or expected level) of refunds, disputed charges, chargebacks, Customer complaints, allegations of fraud or changes in Your credit profile or the underlying risk profile of Your Event(s) including the risk that Events are cancelled, postponed or rescheduled; and (ii) as otherwise necessary to secure the performance of Your obligations under these Terms, or to protect us against fraudulent or erroneous activity, including any fraudulent activity by Customers attending Your Event(s). This includes the situation where Customers attend Your Event(s), or where an Event is cancelled, postponed or rescheduled, and then they subsequently cancel debit / credit card purchases of Ticketrader Tickets where there is no legitimate reason for them to do so. Our right to hold a reserve will continue after completion of the applicable Event(s) and until either: (i) You  have discharge all obligations under these Terms or other applicable agreement for services provided by us and we are satisfied that an applicable period for refunds, disputed charges, chargebacks, and complaints has passed; or (ii) You  have otherwise provided us with adequate security (as determined by us in our discretion) for Your obligations under these Terms or other applicable agreement for services provided by us. If the exercise of our Set-Off right (as defined below) does not fully cover the amount of funds due and owing from You  to us under these Terms or other applicable agreement for services provided by us, then such amount of funds will be deemed due and owing to us until You  have satisfied the amount in full.

4.2.16. Any debit or credit card chargebacks, refund charges or other transaction reversals incurred by us for any reason (except to the extent they are caused solely by our negligence or wilful misconduct) with respect to Your Event(s) and all related debit / credit card association, payment processing, re-presentment, penalty and other fees and expenses incurred by us in connection with such will ultimately be Your responsibility, and You  agree to promptly and fully reimburse us for such amounts on demand. Where necessary, we will withhold payment to You  of the proceeds from Ticketrader Tickets (whether for prior or future Events) and exercise our right of set-off to discharge our liabilities arising from any and all of the above listed charges, fees or losses we incur ("Set-Off'') with respect to Your Event(s) (except to the extent they are caused solely by our negligence or wilful misconduct). We will use reasonable efforts to manage the re-presentment of chargebacks and reversals on Your behalf and You  hereby authorise us to do so and agree to use reasonable efforts to cooperate with us in respect of such re-presentment. However, we will have no obligation to represent any chargeback that we believe in our discretion it is more likely than not to lose or that relates to a transaction that should be refunded in accordance with our Cancellations and Refunds Policies. You  agree that our loss of any chargeback that has been re-presented by us will not in any way limit Your obligation to reimburse us under this paragraph.

4.2.17. All payments to Event Organisers are subject to our Cancellations and Refunds Policy. In particular, Ticketrader allow you to process refunds request where we have enough funds your account to do so. If You  have been paid ticket sales proceeds and refunds are required, You  must either remit funds back to us so that we can process refund request Your behalf, or You  will need to make refunds to Customers directly. Ticketrader disclaims all responsibility for making refunds unless there is proven technology error on our part and we have enough funds on account to process these. If You  do not refund Customers directly and do not remit funds back to us to enable refunds, and Customers proceed to cancel ticket purchases with their bank or card company, it is likely that Ticketrader will not be able to reverse this cancellation. You  agree to fully indemnify Ticketrader for any losses suffered as a result, including (i) the full face-value of the ticket purchases which are cancelled (if You  have not remitted funds back to us); (ii) any dispute or chargeback fees imposed on us by our payment partner; and (iii) the booking fees on the cancelled ticket purchases. We may recover such losses by way of direct invoice or by withholding any ticket sales proceeds payable to You .

5. Exclusion of warranties

 

5.1. Ticketrader does not guarantee that the Website, the App, the Service and/or any Content, will always be available or be uninterrupted. Ticketrader may suspend or withdraw or restrict the availability of all or any part of the Website, the App, the Service and/or any Content for business and operational reasons. Ticketrader will use reasonable endeavours to give reasonable notice of any suspension or withdrawal.

5.2. Ticketrader accepts no responsibility for misused User accounts. Ticketrader is not liable for losses incurred due to the misuse of an account by a User or any other party, whether such loss is personal to that User or to any other User. This includes but is not limited to: incorrect withdrawal of funds, provision of incorrect Event or Offer information or pricing and other general misuse of the account.

5.3. The exclusions in this clause shall apply to the fullest extent permissible at law.

5.4. We will do our best to offer You  a smooth service, but we give no guarantees that The Platform will be fault free or that the services provided will be uninterrupted. If a fault does occur, please contact us and we will attempt to correct the fault as soon as we reasonably can.

5.5. We will occasionally restrict Your access to The Platform to carry out repairs, maintenance or to introduce new functionality or services and we will endeavour to keep disruption to a minimum.

5.6. New services are subject to a period of testing. This means that a new service may not perform with complete functionality, may be undergoing testing, may be inconsistently available, may have software “bugs” being fixed by us and may have other issues affecting availability and functionality.

6.1. Where the User accesses the Service by means of the internet, Ticketrader will use its reasonable endeavours to ensure that the Service is accessible at all times via the internet but Ticketrader does not warrant or represent that it can do so since neither Ticketrader nor any other party has any control over the internet, which is a global decentralised network of computer systems.

5.2. The Service is provided “as is” without any warranty of any kind either express or implied including but not limited to the implied warranties of satisfactory quality, merchantability, fitness for a particular purpose, title and non-infringement of Intellectual Property Rights.

6. Limitation of Liability

6.1. Neither Ticketrader nor any of its directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of the Service. This is a comprehensive limitation of liability that applies to damages of any kind, whether arising from negligence, breach of contract, statutory duty or otherwise, including (without limitation):

- 6.1.1. compensatory damages;

- 6.1.2 direct losses;

- 6.1.3. indirect or consequential loss;

- 6.1.4. loss of data;

- 6.1.5. loss of income or profit; or

- 6.1.6. loss of or damage to property and claims of third parties.

6.2. Ticketrader is not responsible in contract for the unauthorised access to, or alteration, theft or destruction of emails, files, programs, or information of the User by any person through accident or by fraudulent means or devices, even if such access occurs as a result of Ticketrader’s own negligence.

6.3. We shall not be liable under any circumstances with respect to any services provided under The Plattform, or any other subject matter of these Terms, for: (i) any indirect losses, meaning a loss to You  which is a side effect of the main loss or damage and where You  and we could not have reasonably foreseen that type of loss arising at the time of entering into these Terms; (ii) losses not causes by our breach; (iii) the actions or inactions of Event Organisers; and (iv) any matters beyond our reasonable control (including network failure).

6.4. We exclude liability for any tickets or other goods provided by Event Organisers or other third party suppliers to the fullest extent permitted by law.

6.5. We shall not be liable for any content or information You  provide to us, or the content of any other user of The Plattform.

6.6. We are not affiliated with, and have no agency or employment relationship with, any third party service provider used to provide services under The Plattform and we have no responsibility for and disclaim all liability arising from, the acts or omissions of any such third party service provider.

6.7. We expressly exclude liability for any damage, injury, harm or loss (to people or property) which may arise at an Event run by an Event Organiser, being the Event Organiser the only responsible for such damage, injury, harm or loss.

6.8. We expressly exclude liability for any tickets or other goods provided by third party suppliers to the fullest extent permitted by law.

6.9. We shall not be liable for any content or information that Event Organiser(s) provide to us, or the content uploaded by any other user on The Plattform.

7. Cancellations and Refunds Policy

Details of our Cancellations and Policy, which forms part of these Terms, can be found on the website.

8. Intellectual Property and right to use

8.1. You  acknowledge and agree that all intellectual property rights (including, but not limited to, copyright, trademarks, logos, text, graphics, photos, sound, illustrations, animations and videos or rights in and to our software, applications and website) in all material or content contained within The Platform shall remain at all times owned by us or our licensors. Except as expressly set out in these Terms, nothing in these Terms gives You  any rights in respect of any intellectual property owned by us or our licensors and You  acknowledge that You  do not acquire any ownership rights by downloading The Platform or content from The Platform. 

8.2. You  acknowledge and agree that the material and content contained within The Platform is made available for Your personal (non-commercial) use only, and that You  may download such material and content onto only one computer hard drive or mobile phone / device for such purpose. Any other use of the material and content of The Plattform is strictly prohibited. You  agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

8.3. You must not modify the paper or digital copies of any materials they have printed off or downloaded in any way, and must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

8.4. You  agree that by submitting any content, information, images or otherwise for publication on The Plattform, (“User Generated Content”) You  retain any copyright You  may have in the User Generated Content, however You  grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, edit, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or in part) and/or to incorporate it into other works in any form, media or technology, whether for commercial or non-commercial purposes. You  waive any moral rights You  may have in, or to be identified as the author, of User Generated Content.

8.5. The User must not use any part of the Content for commercial purposes without obtaining a licence to do so from Ticketrader or its licensors.

8.6. You  are solely responsible for Your User Generated Content (including content You  share with other sites, such as social networking sites) and we do not endorse User Generated Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Generated Content.

8.7. All the materials on the Ticketrader website are protected by copyright and by the provisions of international intellectual property laws and treaties. Ticketrader materials may not be reproduced, copied, edited, published, transmitted or uploaded in any way without the written permission of Ticketrader. 8.8. Except for what is expressly stated in the limited licence provision of these Terms and conditions, Ticketrader does not grant any right, express or implied, over any of its trademarks, copyrights or other protected information.

8.9. The content provided by Ticketrader as well as the content posted on the network through its website, constitute a work within the meaning of the legislation on intellectual property, so they are protected by applicable international laws and conventions on the matter.

8.10. Any form of reproduction, distribution, public communication, transformation, making available and, in general, any other act of public exploitation referring to both the Web page and its contents and information, without the express and prior consent of Ticketrader is prohibited .

8.11. Consequently, all the content displayed on the different websites and especially designs, texts, graphics, logos, icons, buttons, software, trade names, trademarks, industrial drawings or any other signs susceptible of industrial and commercial use are subject to to the intellectual and industrial property rights of Ticketrader or of third party owners who have duly authorised their inclusion in the different websites.

8.12. The contents, images, forms, opinions, indexes and other formal expressions that are part of the Web page, as well as the software necessary for the operation and visualisation of the same, also constitute a work in the sense of Copyright and remain, therefore, protected by applicable international conventions and national laws on intellectual property. Failure to comply with the aforementioned implies the commission of serious illegal acts and their sanction by civil and criminal legislation.

8.13. Any act by virtue of which the users of the services or content may exploit or use commercially, directly or indirectly, in whole or in part, any of the content, images, forms, indexes and other formal expressions that are part of the Web pages without prior written permission from Ticketrader.

8.14. Specifically, and without being exhaustive, acts of reproduction, distribution, exhibition, transmission, retransmission, broadcast in any form, storage on physical or logical media, digitization or making available from databases other than those belonging to or authorised by Ticketrader, as well as their translation, adaptation, arrangement or any other transformation of said opinions, images, forms, indexes and other formal expressions that are made available to users through the services or contents, as long as such acts are subject to the applicable legislation on intellectual, industrial property or image protection.

8.15. Ticketrader is free to limit access to the website, and to the products and / or services offered therein, as well as the subsequent publication of opinions, observations, images or comments that users may send via email.

8.16. Ticketrader in this sense, may establish, if it considers it appropriate, without prejudice to the sole and exclusive responsibility of the users, the necessary filters in order to prEvent content or opinions from being spilled on the network through its website, considered as racist, xenophobic, discriminatory, pornographic, defamatory or that, in any way, promote violence or the dissemination of clearly illegal or harmful content.

8.17. Any of the technical, logical or technological resources by virtue of which a third party can benefit, directly or indirectly, with or without profit, from each and every one of the contents, forms, indexes and other formal expressions that are part of the Web page, or the effort made by Ticketrader for its operation.

9. Third-party services and content

9.1. Our Platform integrates with social networking websites such as Facebook, Whatsapp, Twitter, other services like music streaming websites (such as Soundcloud) and other third party applications. Your use of any integrated applications will be subject to those third party's Terms of use and their privacy policies.

9.2. When You  access third party websites or applications from The Plattform You  do so at Your own risk. Any third party websites or applications are outside of our control, and we are not responsible for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or applications.

9.3. We may request additional permissions related to the settings on Your mobile device, such as accessing Your location or enabling push notifications in order to carry out certain actions or allow You  to enjoy certain features. If You  choose not to give us the necessary permissions then You  may not be able to access all the features and functions of The Plattform.

9.4. Nothing in these Terms confers or purports to confer on any third party any benefit of any right to enforce any of these Terms pursuant to the Contracts (Rights of Third Parties) Act 1999.

 

10. Data Processing and Data protection 

 

10.1. By providing  Ticketrader with the data set out in this clause 10 and by Accepting these Terms, the User permits and accepts that their data will be used in accordance with these terms and conditions and the Privacy Policy.

10.2. All parties to these terms agree to comply with all applicable requirements of the Data Protection Laws. This clause 10.2 is in addition to, and does not relieve, remove or replace, a party’s obligations under the Data Protection Laws.

 

10.3. When the User registers with Ticketrader, the User provides Personal Data and information, and as the User uses the Service, Ticketrader shall collect further information from the User, which may include Personal Data.

10.4. Ticketrader shall be the Data Controller in relation to any Personal Data collected under clause 10.3.1 and its use of Personal Data is set out in the Privacy Policy

 

10.5. If a User imports its own database, that database shall remain owned by that User. The User shall be the Data Controller in relation to any Personal Data collected. Ticketrader will be a Data Processor of this data and shall comply with its obligations as a Data Processor as agreed on these terms and the Privacy Policy

10.6. If a Customer, or other User, creates an account on the Ticketrader platform and follows a Promoter (including a Data Subject who was initially introduced to the Service through the importing of a database, the user agree to receive marketing for the purposes of promoting and marketing from these Event organiser or Promoters.

10.7. By agreeing these terms, the User accepts that Ticketrader can use any data relating to the User, including who has purchased a ticket, from where the purchased was made, tickets bought or sold in each case, and other related information, like location, time, kind of tickets bought and preferences of the user for the purposes of promoting and marketing similar Events and Offers promoted by that Promoter. 

10.8. In relation with the clausule 10.5.1, of these terms, the User accepts to receive marketing and promotion from Ticketrader.

10.9. The Event Organiser and the Promoters hereby takes all the responsibility to effectively  indemnify and keep indemnified at all times Ticketrader against all actions, proceedings, costs, claims, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, suffered, incurred or paid by Ticketrader directly or indirectly in respect of any breach by the Event Organiser or Promoter of this terms

 

10.10. All Users shall:

Only use Personal Data in accordance with these Terms and the privacy policy;

Comply with all reasonable instructions of Ticketrader in relation to any data;

Process all data fairly and lawfully; and

Put in place appropriate security measures to protect data from unauthorised or unlawful processing and accidental loss or destruction.

10.11. As set out in the Privacy Policy, a User is entitled to withdraw their consent to any processing of their Personal Data at any time and shall do so by contacting Ticketrader advising them of such withdrawal.

10.12. If a User withdraws their consent to processing in accordance with clause number 10.15. above:

Ticketrader shall cease to process such applicable Personal Data and shall inform any other Users who currently hold such Information; and

Any User who holds this Personal Data warrants that it will cease to process such personal data.

All Users hereby undertake fully and effectively to indemnify and keep indemnified at all times Ticketrader against all actions, proceedings, costs, claims, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, suffered, incurred or paid by Ticketrader directly or indirectly in respect of a breach of these  terms.

10.13. Where any individual to whom these terms apply is a Data Processor, they agree that they will only process Personal Data in accordance with the written instructions of the Data Controller of that Personal Data unless required to do so by law.

10.14. Where any individual to whom these terms apply is a Data Controller, it will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of Personal Data to any Data Processor.

10.15 Where any individual to whom these terms apply is a Data Processor and appoints a Sub-Processor, the Data Processor must impose similar contract terms on the Sub-Processor as are required by the Data Protection Laws, especially but not exclusively, those contract terms required under Article 28.3 of the GDPR.

10.16. A Data Processor will not transfer the Personal Data outside of the European Economic Area (EEA) unless:

The Data Processor has obtained the prior written consent of the Data Controller;

The Data Processor has provided Appropriate Safeguards in relation to the transfer, and can demonstrate this to the reasonable satisfaction of the Data Controller;

The Data Subjects whose Personal Data will be transferred have enforceable rights and effective legal remedies; and

The Data Processor can provide an adequate level of protection to any Personal Data that is transferred.

The Data Processor shall put in place appropriate technical and organisational measures to:

1 protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, the Personal Data; and

2 allow the Data Controller to meet its obligations to Data Subjects, including but not limited to:

Rectification or erasure of Personal Data;

Restriction Of Processing of Personal Data;

Data Portability; and

Prompt response to Subject Access Requests.

10.17. The Data Processor will obtain a commitment of confidentiality from anyone it allows to process the Personal Data, including but not limited to:

the Data Processor’s employees, agents, officers and affiliates;

agency or temporary workers; or

Sub-contractors or Sub-Processors.

10.18. The Data Processor will assist the Data Controller, so far as is possible and taking into account the nature of the processing under these terms and the information available to the Data Processor, in meeting the Data Controller’s obligations under the Data Protection Laws, including but not limited to:

the obligation to keep Personal Data secure;

he obligation to notify Personal Data Breaches to the Supervisory Authority;

the obligation to advise Data Subjects where there has been a Personal Data breach;

the obligation to carry out data protection impact assessments; and the obligation to consult with the supervisory authority where a data protection impact assessment indicates an unmitigated high risk to the processing activities under these terms.

10.19.  Both parties shall:

Retain all information required to demonstrate that the Data Processors and the Data Controllers have met their obligations under the Data Protection Laws;

Inform a Data Controller immediately if the Data Processor believes or suspects that it has been given an instruction that does not comply with the Data Protection Laws; and

Notify a Data Controller immediately if a Data Processor becomes aware of or reasonably suspects a Personal Data breach.

 

 

10.20. Each party shall comply at all times with Data Protection Law and shall not perform its obligations under these Terms in such a way as to cause the other to breach any of its applicable obligations under Data Protection Law.

10.21. In the context of these Terms, You  will act as “processor” to Ticketrader who will be “controller” with respect to the personal data. By separate arrangement, we may enter into an agreement whereby both of us act as "controller" with respect to the personal data, in which case the Terms of such agreement shall govern how data is to be processed and used by both of us.

10.22. Where You  process personal data shared by Ticketrader, with respect to such processing, You  shall:

Process the personal data only in accordance with these Terms and not otherwise make any use of the personal data for Your own purposes, unless You  have a valid and lawful basis for doing so.

Only permit the personal data to be processed by persons who are bound by enforceable obligations of confidentiality and take steps to ensure such persons only act on Your instructions in relation to the processing.

Protect the personal data against unauthorised or unlawful processing and against accidental loss, destruction, damage, alteration or disclosure.

Remain entitled to appoint third party sub-processors. Where You  appoint a third party sub-processor, You  shall, with respect to data protection obligations:

Ensure that the third party is subject to, and contractually bound by, at least the same obligations as You ; and

Remain fully liable to Ticketrader for all acts and omissions of the third party.

10.23. All sub-processors engaged by You  as at the effective date of these Terms shall be deemed authorised and entitled to engage additional or replacement sub-processors who must be subject to:

The provisions of paragraph 9.4.4.(a) and 9.4.4.(b) being applied; and

You  notify Ticketrader of the additional or replacement sub-processor,

 

10.24. Where Ticketrader objects to the additional or replacement sub-processor, the parties shall discuss the objection in good faith;

promptly alert and inform Ticketrader of a personal data breach suffered by You  or by any third parties to which personal data has been transferred and provide all necessary cooperation and assistance to enable Ticketrader to comply with its obligations under Data Protection Law and to reduce the impact of the incident on its business operations and reputation;

10.25. By accepting these Terms, you allow Ticketrader (subject to reasonable and appropriate confidentiality undertakings), to inspect and audit Your data processing activities to enable Ticketrader to verify and/or procure that You  are complying with Your obligations.

10.26. Unless applicable law requires otherwise, upon termination of these Terms at the option of Ticketrader, and unless You  have a valid and lawful basis under the Data Protection Law for continuing to hold and process personal data provided by Ticketrader, (a) delete all such personal data permanently, safely and securely and provide Ticketrader with a certificate of destruction; and/or (b) return to Ticketrader all such personal data and any other information provided by Ticketrader to You ; and (c) cease to process the personal data.

10.27. You  shall indemnify and hold harmless on demand Ticketrader for any loss, damage, liabilities, penalties, expenses or fines incurred (whether foreseeable or unforeseeable or direct or indirect) as a result of You  breaching Your obligations under this clause 10 (Data Processing and data protection).

11. Bugs, Viruses And PDPs

11.1 The User represents and warrants to Tiketrader that their use of the Service shall not cause any PDPs to be transmitted to the Server.

11.2 The User shall inform Ticketrader immediately if they become aware of any PDPs, bugs or errors on the Website, the App or the Service.

11.3 The User acknowledges that, despite Ticketrader taking reasonable precautions, it is still possible that PDPs may be transmitted from the Server or a server belonging to any third party to the User’s Equipment. The User therefore accepts that it shall have full responsibility for protecting the User’s Equipment from PDPs and Ticketrader shall have no responsibility for ensuring that content downloaded from the Website is free of PDPs.

11.4 Ticketrader has used its reasonable endeavours to ensure that the Website is secure. However, Ticketrader does not warrant or represent that either this is the case or that the internet is secure.

11.5 Ticketrader will not be liable for any loss or damage caused by a PDP or other technologically harmful material that may infect the User’s Equipment, computer programs, data or other proprietary material due to the User’s use of the Website,or the Service or due to the User downloading any Content or accessing any website linked to the Website, the App or the Service.

11.6 The User acknowledges that any data transmitted to Ticketrader or the Server electronically via the internet, an intranet or another private network including the Website may be intercepted by third parties and unlawfully exploited. The User accordingly accepts that Ticketrader has no responsibility in respect of the acts of such third parties.

12. Links to other sites.

Certain links, including hypertext links, in the Website will take the User outside the Website. Links are provided for the User’s convenience and inclusion of any link does not imply endorsement or approval by Ticketrader of the linked site, its operator or its content. Ticketrader is not responsible for the content of any website outside the Website.

11. Provision of tablets or other mobile devices for ticket scanning

All Ticketrader Tickets can be scanned or processed digitally using our  website/ tickets validation tool.

We are under no obligation to provide You  with a mobile tablet, smartphone or similar device (“Mobile Device”) to enable You  to download and use the tickets validation tool.