Terms and Conditions of Sale

Terms & Conditions

Terms and Conditions of Use – SeatLive.com Terms & Conditions of Sale (Ticket only sales) You are using a website (Site) owned by SeatLive Ticketing Services Limited (We/Us) a Company Registered in England and Wales, Registration Number 07298674 at 9 Swan Mead, Hemel Hempstead. Herts HP3 9DQ. The following sets out the Terms and Conditions for the use of our websites and all services procured directly and paid for from our websites, including the use of Mobile Phone commerce technologies, which you should read and understand fully as they constitute your agreement with Us and are legally binding. If you do not agree to these then you must not use our websites. These Terms of Use are to be read in conjunction with our Privacy Policy which applies to the data we collect and use in operating the Site.

It is important to understand that all Ticket Bookings are FINAL and non-refundable in any circumstances other than those outlined within these Terms and Conditions. If a booking error has been made We will endeavour to resolve the issue providing You make Us aware as soon as possible after the booking has been made.

1. Use of the Site

1.1. You may not use the Site in any improper or unlawful manner or in breach of any legislation or licence that applies to you.

1.2. Except as expressly permitted, you agree that when using the Site you will not: publish, post, upload, store, distribute or disseminate any unlawful, defamatory, infringing, obscene, harmful, confidential, libellous, hateful, or otherwise illegal material or information or anything which might constitute a criminal or civil offence; upload files or other data that contain software or other material which are the intellectual property rights of any third party or which are protected by rights of privacy or publicity of any third party without having received all necessary consents; or upload files that contain viruses, corrupted files, or any other software or programs that may interfere with or damage the operation of the Site or any other computer.

1.3. You agree to comply with all reasonable instructions that We may give you from time to time regarding the use of the Site.

1.4. You are responsible for ensuring that no one uses your equipment to access the Site without your permission. We will be entitled to assume that anyone who accesses the Site using your equipment has your permission to do so and you will be liable for any Charges or any other costs, liabilities or damages that may be incurred by any such person.

1.5. You are responsible for ensuring that e-mail communications with the Site can be received by your equipment ensuring that the appropriate e-mail addresses are not blocked by Spam filters, security, content or other e-mail filtering systems and that the addresses are added to appropriate safe senders lists. You will be advised of these addresses within the Site.

2.4. You undertake that the details you provide are truthful and accurate and that any Credit or Debit card is your own and that you are financially responsible for all transactions made in your name or account.

2.5. In order to make a purchase on the Site you must be over 18 years old and have the legal capacity to make the transaction.

2.6. If your purchase involves alcohol, You will be required to comply fully with the appropriate Licensing Laws and the Licence applicable to the premises and shall not purchase on behalf of or offer alcohol to those under the legal age.

2.7. Where you are purchasing food, You are responsible for checking the suitability of products for those consuming or handling the food in respect of allergy or sensitivity. Full information is available from Customer Services where advice is available on the contents of all food products.

2.8. If We are unable to fulfil your order from within the venue for merchandise due to stock level or unavailability We reserve the right to send the products to UK address associated with the credit card providing You with e-mail communication to the e-mail address used to confirm the order. You will have the opportunity to request a full refund should this not be acceptable.

2.9. We use a delivery partner to deliver such goods to you and we aim to deliver them to you according to our prevailing delivery period when the relevant item returns to stock.

2.10. We are unable offer any guarantee of delivery performance by our delivery partners.

2.11. We will insure any goods ordered by you based on the price on the Site whilst in transit to you. Risk in the goods passes to you upon delivery.

2. Purchase of Goods and Services

2.1. When You place an Order for a product or service from the Site, it is important to understand that it is NOT a confirmed Order from Us until We notify You by e-mail of Our acceptance of Your Order confirming availability and pricing. We will not charge your credit or debit card until this time.

2.2. All prices for goods and services that we sell to you on the Site include VAT in the UK and are quoted in pounds sterling unless otherwise stated.

2.3. We reserve the right to change pricing in relation to any applicable changes in Taxation or Duty for all goods and services provided through the Site and to automatically charge any such increases to the Credit or Debit card used to make payment.

2.12. Outside the UK. Delivery charges for goods and services will be calculated on a product-by-product basis. We reserve the right not to deliver to places outside the UK.

2.13. Delivery outside the UK may be subject to local import taxes, which are Your responsibility where they apply. If so, the delivery partner will contact you once the products you have ordered have reached the local customs agency to inform you of the amount of duty that is outstanding.

2.14. In the event that any shipped product You receive is damaged or faulty, You may only return products to Us for refund or replacement at our sole discretion having contacted us for a Returns Authorisation Code (RAC) from our Customer Services Team. We will not accept any return for repair, replacement or refund without a RAC.

2.15. Each order placed with us is separate and is treated as an individual order although each will be governed by these Terms of Use.

2.16. When you place an order for products on the Site you are making us an offer to buy such products for the price stated, subject to these Terms of Use.

2.17. We will do our best to correct errors and omissions as quickly as practicable after being notified of them. However because of the sophisticated technology that is required in operating our Sites there may be times when errors occur. For example, very occasionally, this may result in a price, product, service or other description being incorrectly displayed on the Site. In this case We reserve the right to cancel the order or to contact You to allow Us to correct the error and amend or refund and charges made.

2.18. We will confirm all orders via email, using the email account that you give us as part of the ordering process. It is Your responsibility to ensure that the e-mail addresses are capable of receiving e-mail messages from the addresses identified for this purpose on the Site. Contact Customer Services for assistance.

2.19. We cannot guarantee that particular goods and services featured on the Site will always be available or available on the date that You choose. If We cannot supply the requested product We may offer an alternative to fulfil the order if this is not acceptable We shall offer a refund or credit for any amount that We may have debited.

2.20. We may cancel any sale and not supply products or services if it is reasonable to do so and may change or discontinue the availability of any product at any time at our sole discretion. We shall notify You in such cases and, where relevant, refund all payments made by You.

2.21. All payments are made via our payment partner. In the event that any such payment partner rejects your credit card details We will not release the order to You. We will endeavour to email you and inform you of such rejection. We will release your order only when we have received confirmation of acceptance of your order.

2.22. Your credit card company may perform an additional security check to confirm that the cardholder is making the purchase. We are not responsible in respect of any such security check.

2.23. Please note that we cannot give refunds in respect of personalised goods or goods which by their nature cannot be returned to us, goods which deteriorate or expire rapidly, or which are by their nature time-sensitive, or in relation to any video cassette, CD, DVD, or other digital medium the seal of which has been broken, or any digital file downloaded from the Site.

3. Competitions and Prize Draws.

3.1. From time to time it may possible to enter competitions or prize draws through the Site and there may be additional terms and conditions applicable which may apply. Where additional terms apply you will be notified of that fact and given an opportunity to read those terms and conditions before you enter the competition or the prize draw.

4. Intellectual Property

4.1. All Intellectual Property Rights in or to the materials and information made available to you through the Site including but not limited to our registered and unregistered trade marks either owned by us or licensed to us by our third party partners. You may only use such information or materials in accordance with these Terms and Conditions of Use. Except as expressly provided in these Terms of Use, we do not grant any express or implied right to you to use the materials or information made available to you through the Site and nothing in these Terms of Use shall be construed as an assignment of any Intellectual Property Rights in or to such materials or information. All our rights are hereby expressly reserved.

4.2. You may view, download and print any materials and information made available to you through the Site subject to the following conditions:

4.2.1. the material and information may only be used for your personal and non-commercial purposes; 4.2.2. the material and information shall not be reproduced or included in any other work or publication in any medium;

4.2.3. the material and information may not be modified or altered in any way;

4.2.4. the material and information may not be distributed or sold to any third party;

4.2.5. You may not remove any copyright or other proprietary notices contained in the material or the information.

4.2.6. We do not give you any rights in relation to Intellectual Property Rights in any product or service that you purchase from or via the Site.

4.3. For the avoidance of doubt, these Terms of Use are not intended to prevent you from recording in manual form any individual item of information, or disclosing any individual item of information, free of charge, to friends or relations for non-commercial purposes provided that you take all reasonable steps to ensure that any person to whom you may disclose that information complies with these Terms of Use.

5. Warranties and Disclaimers

5.1. We will exercise all reasonable skill and care in providing the Site. We obtain the materials and information provided on the Site from third party partners and so we are not able to guarantee the accuracy, completeness, currency or reliability of any such materials or information.

5.2. Therefore, except as expressly provided in these Terms of Use, the Site and all materials and information provided through it are provided on an “as is” basis without warranty of any kind, either express or implied (whether by common law, custom, statute or otherwise) and all other conditions, statements and warranties (including, but not limited to, any implied warranty of the fitness for a particular purpose of the Site or that your use of the Site will not infringe the rights of any third party) are hereby excluded to the fullest amount permissible by law. Without limiting the foregoing, we make no warranty that the Site and all materials and information provided through it will meet your requirements. Therefore we advise you to check any materials or information provided to you through the Site as any reliance that you place on the accuracy, completeness, currency or reliability of that information is at your own risk.

5.3. We offer no warranty about an Event to which a package or tickets are sold as to its quality, suitability or otherwise- including the non availability of any performer or effect.

5.4. We have no control over the Event and do not accept any liability for the actions or omissions of the organisers or operators of the Event or their servants, agents or employees.

5.5. This Site contains links to websites and microsites operated by third parties that are not under our control and are provided to you for your convenience only. We make no warranties or representations whatsoever about any other website which you may access through this Site or any services that they may provide. Without limiting the foregoing, these sites are in no way approved, vetted, checked or endorsed by us and you agree that we shall not be responsible or in any way liable for the content, accuracy, compliance with relevant laws or accessibility of any information, data, advice or statements or for the quality of any products or services available on such sites. If you choose to access a website beyond our control, you do so at your own risk. In addition, use of any such third party website or microsite may be subject to your acceptance of additional terms and conditions.

6. Limitation of Liability

6.1. Nothing in these Terms of Use shall be construed as an attempt to limit or exclude our liability in respect of:

• death or personal injury caused by our negligence;
• any loss suffered by you as a result of your reliance on any fraudulent misrepresentation made by us to you;
• any other liability that cannot be so limited or excluded at law.

6.2. Our liability in all cases shall not exceed the total value of a Confirmed Order by Us, furthermore You specifically agree that We shall not be liable in any circumstances for:

• any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind (including but not limited to lost savings or loss or corruption of data); or
• any loss of profit (whether direct or indirect), whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with:
• any use of the Site or its contents;
• any failure or delay in the use of any component of the Site or any service including,
• without limitation, any unavailability of the Site or the services irrespective of duration of any period of unavailability; or
• any use of or reliance upon any information, material, software, products, services and related graphics obtained through the Site, in all cases even if We have been forewarned of the possibility of such loss or damage.

6.3. Due to the public nature of the internet, We cannot be liable for any damage to, or viruses that may infect, your computer equipment or any other property when using or browsing the Site. The downloading or other acquisition of any materials or information through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading or acquisition of any such materials.

6.4. You agree that you shall indemnify us against any claims or legal proceedings that are brought or threatened against us by a third party because your use of the Site or any material or information through the Site is in breach of these Terms of Use.

6.5. Some goods or services may differ slightly from the description or appearance on the Site. Please check the delivered product/service immediately on receipt because we will not be held responsible for any subsequent loss or destruction.

6.6. We will notify you of any such claims or proceedings and keep you informed as to the progress of such claims or proceedings.

7. Termination & Cancellation

7.1. We may terminate these Terms of Use immediately on giving notice in writing to you if:

7.1.1. you commit any breach of any term of this Agreement; or

7.1.2. you do not comply fully with Clause 2 above; or

7.1.3. you commit a material breach of these Terms; or

7.1.4. we choose to so terminate in our sole discretion.

7.2. You may terminate these Terms of Use forthwith subject to any outstanding payments due.

7.3. Forthwith upon termination of this Agreement, you shall cease all use of the Site. Any termination of this Agreement (howsoever occasioned) shall not affect any accrued rights or liabilities of either party nor shall it affect the coming into force or the continuance in force of any provision in this Agreement, which is expressly or by implication intended to come into or continued in force on or after such termination and neither shall it affect any common rights that are available to you.

7.4. You may not cancel a Confirmed Order from Us without payment of a cancellation fee set out as follows: for cancellation of less than 30 days before the Event, 100% of the confirmed order total shall be levied, between 31 and 60 days 50% and over 61 days 25%.

7.5. Without prejudice to 7.4, We shall attempt to re-sell on your behalf the Product and mitigate the cancellation fee, refunding (if any) the balance less our administration fee of 20%.

7.6. You are advised to include the purchase of our Ticket Insurance when you book with Us (when available) which are subject to the terms and conditions set out elsewhere on this website.

8. Data Protection and Privacy

8.1. We will only use any personal information that we may collect about you in accordance with our privacy policy. This policy forms an essential part of these Terms of Use and it is important that you read it. By accepting these Terms of Use you also accept and consent to our privacy policy.

9. No Waiver

9.1. Any failure or delay by us to enforce any of our rights under these Terms of Use is not to be taken as or deemed to be a waiver of that or any other right unless we acknowledge and agree to such a waiver in writing.

10. Third Party Rights

10.1. These Terms of Use are not intended to be for the benefit of, and shall not be exercisable by, any person who is not a party to these Terms of Use under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

11. Severability

11.1. If any clause or part of a clause of these Terms of Use is, or becomes, invalid, illegal or unenforceable, then that clause or part of a clause shall be deemed to be deleted from these Terms of Use. Any such deemed deletion shall not affect the validity, legality or enforceability of the remainder of these Terms of Use.

12. Entire Agreement

12.1. The warranties, exclusions and the other express provisions of these Terms of Use and the privacy policy set out the full extent of our obligations and liabilities concerning its subject matter and supersede any previous agreements between the parties relating thereto. Subject to Clause 7.1, you shall have no remedy in respect of any untrue statement made to you upon which you relied in entering into these Terms of Use other than any remedy you may have for breach of the express terms of these Terms of Use.

13. Governing Law & Jurisdiction

13.1. This Agreement is governed by the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English Courts.

14. Definitions

14.1. In these Terms and Use the following terms shall have the following meanings:”Intellectual Property Rights” means patents, registered and unregistered trade marks and service marks, domain names, registered designs and design rights, copyright (including such rights in computer software and databases), database rights and moral rights (in each case for the full period thereof and extensions, revivals and renewals thereof), applications for the foregoing and the right to apply for any of the foregoing anywhere in the world, and all similar rights anywhere in the world including those subsisting in inventions, designs, drawings and computer programs.