If you wish to swap tickets via this Website, you must agree to the terms below
as the exclusive basis which governs such actions and must click the "I accept"
button before registering. If you do not agree to any of the terms, do not use this
Website.
This Website provides an on-line forum for swapping tickets. The tickets are offered
by third parties and not by TicketMingle.
THIS AGREEMENT is made between TicketMingle and you ("the Member").
1. DEFINITIONS
In this Agreement, the following terms shall have the following meanings:-
"Holder" - an entity who current holds the ticket in a Listing
"Taker" - an entity which is in persuite of the ticket in a Listing
"Effective Date" - the date on which this set of terms and conditions
entered effect.
"Intellectual Property Rights" - all copyrights, patents, registered
and unregistered design rights, database rights, trademarks and service marks and
applications for any of the foregoing, together with all trade secrets, know-how,
rights to confidence and other intellectual and industrial property rights in all
parts of the world.
"Material" - information regarding a Ticket posted on the Website
by the Holder who is offering to sell or swap it.
"Listing" - the ticket(s) advertised by the Holder and submitted
by the Holder to the swap my ticket site.
"Registration Details" - the details which a Taker or Holder must
provide on registering for the Website including physical address, email address,
age, bank account and credit, debit or charge card details.
"Swap" - an exchange of Tickets by a Taker and a Holder with or
without a balancing cash element being payable by one party to the other.
"Unacceptable Material" - Material which under the laws of any
jurisdiction from which the Website may be accessed may be considered either:-
- illegal, illicit, indecent, obscene, racist, offensive, pornographic, insulting,
false, unreliable, misleading,.alleged to be or actually defamatory or in infringement
of third party rights (of whatever nature and including, without limitation, any
Intellectual Property Rights);
- in breach of any applicable regulations, standards or codes of practice (notwithstanding
that compliance may not be compulsory);
- to contravene legislation, including without limitation, that relating to weapons,
animals or alcohol;
- might harm TicketMingle's reputation.
"Member" - either a Taker or a Holder or swapper.
"Website" - TicketMingle's website located at www.ticketmingle.co.uk.
"TicketMingle" - TicketMingle Limited which is the owner of the
Website.
2. Holder Terms
2.1 The Holder recognises and accepts that it bears sole responsibility
for the content of all Material posted on the Website as provided by the Holder
to TicketMingle and the Holder hereby indemnifies TicketMingle and the Taker in
the event that the Material is Unacceptable Material.
2.2 TicketMingle shall retain the right at all times to refuse
to provide the Service or any part thereof, including without limitation, posting
any Unacceptable Material (where the Holder requests its posting) and to remove
any Unacceptable Material from the Website.
2.3 Any Holders abusing this site by continually requesting monetary
gain for a Swap will have their listings and site memberships removed at the discretion
of TicketMingle.
2.4 TicketMingle shall retain the right at all times to remove
any posting if they feel a charity involved or partly involved in that posting is
being exploited.
2.5 Posting of Material by TicketMingle on the Website shall not
under any circumstances constitute a waiver of any of its rights in relation to
such Material or of any breach of the Holder's obligations under this Agreement.
2.6 The Holder warrants, represents and undertakes in relation
to all Material (including, for the purposes of this Clause 2.4, any Material which
it requests TicketMingle to post on the Website) that no such Material shall be
Unacceptable and that the Holder has obtained full and effective licence(s) from
all relevant third parties allowing the Holder to use relevant Material and to permit
its dissemination worldwide, that it can convey good title in such Material to the
Taker and the Holder hereby indemnifies TicketMingle in respect of any breach of
this clause.
2.7 The Holder warrants that the Material will be accurate, relate
only to the Ticket and not to any other matter, and will not include links to other
websites and will be categorised by the Holder within any appropriate categories
on the Website.
2.8 It is the responsibility of the Holder to ensure that it is
legal to swap the ticket(s) they have listed on TicketMingle website and that it
is lawful to swap such tickets to UK residents
2.10 The Holder undertakes fully to virus-check all Material supplied
to TicketMingle pursuant to this Agreement.
2.11 The Holder undertakes not to embark on any course of action,
whether by use of the Website or any other means, which may cause a disproportionate
level of Website activity without providing at least seven days' prior notice in
writing to TicketMingle.
2.12 Where the Holder makes or gives warranties, representations
or undertakings to TicketMingle under the terms of this Agreement, those warranties,
representations or undertakings are also made for the benefit of the Taker who shall
be entitled to rely on them.
2.13 The parties agree that the Holder is the sole author, editor
or publisher of the Material published on the Website.
3. Taker Terms
3.1 TicketMingle is not liable to the Taker in the event that the
Holder does not have good legal title to the Ticket or is not entitled to transfer
it to the Taker. That is the responsibility of the Taker.
3.2 TicketMingle is not liable to the Taker in the event that a
Ticket is a fake. That is the responsibility of the Taker.
3.3 TicketMingle is not responsible if a Ticket is not delivered
to the Taker. That is the responsibility of the Taker.
3.4 TicketMingle is not responsible for ensuring that a Ticket
is transferable or will be honoured by the issuer. That is the responsibility of
the Taker.
3.5 All conditions and warranties whether express or implied, statutory
or otherwise, which relate to the condition or fitness for any purpose of the Material
or any part thereof or to the care or skill with which the Material or any part
thereof has or should have been (or, as the case may be, will or ought to be) prepared
are hereby expressly excluded.
3.6 Without prejudice to Clauses 3.1-3.4 above or Clause 5 below,
in the event that a Ticket is not as described on the Website, TicketMingle is not
responsible for any monetary losses.
4. TERMS WHICH APPLY TO Holders AND Takers
4.1 In registering for this Website, the Member must provide accurate
Registration details which the Member must update after any changes (except age)
before using the Website for further transactions.
4.2 The Members information and activities on the TicketMingle
Site must not be inaccurate, false or misleading; offensive or menacing, abusive,
defamatory, be fraudulent or involve the attempted sale of tickets.
4.3 The Member hereby warrants to TicketMingle that it is at least
eighteen years of age and legally able to enter into contracts for the Swap of the
Ticket.
4.4 TicketMingle reserves the discretion to withdraw any Material
from the Website without prior notice.
4.5 The Member's Registration Details and data relating to its
use of the Website will be recorded by TicketMingle and may be used by TicketMingle
for marketing purposes only.
4.6 TicketMingle may send a small file to the Member's computer
when it visits the Website. This "cookie" will enable TicketMingle to identify the
Member's computer, track its behaviour on the Website and to identify the Member's
particular areas of interest so as to enhance the Member's future visits to the
Website. The cookie will not enable TicketMingle to identify the Member and TicketMingle
shall not use it otherwise than in relation to this Website. The Member can set
its computer browser to reject cookies but this may preclude use of certain parts
of this Website.
4.7 The Member hereby authorises TicketMingle to use any information
which it submits to this Website to inform the Member of special offers and for
other marketing and related purposes and as set out in Clause 4.5 above. TicketMingle
may also disclose this data if compelled to do so by law, or at the request of a
law enforcement agency or governmental authority.
4.8 If the Member does not wish TicketMingle to use its information
as set out in Clauses 4.5 and 4.7 above, it should leave the Website before submitting
its personal details.
4.9 If the Member does not want TicketMingle to use its email
address to send information concerning the Website and related matters, the Member
should send a message to adam@TicketMingle.co.uk and insert “unsubscribe” as the
subject heading.
4.10 TicketMingle has appropriate security procedures in place
to protect the Member's personal information.
4.11 TicketMingle reserves the right to suspend or terminate a
Member's account where, in its absolute discretion, it deems such suspension appropriate.
In the event of such suspension or termination, TicketMingle will notify the Member
by email and the Member must not seek to re-register either directly or indirectly
through a related entity.
4.12 TicketMingle shall not be liable for any interruption to the
Service, whether intentional or otherwise.
4.13 The user recognises and accepts that they are fully responsible
for all actions taken under their chosen Member ID and password on completion of
registration. The user shall only use or utilise the Site using their own Member
ID and password, using every effort to keep their password safe and should not disclose
it to any other person. The user shall not transfer or sell their Member ID to any
other person or persons and not permit, either directly or indirectly, any other
person to utilise their Member ID or password.
4.14 For the avoidance of doubt, TicketMingle is providing a service
not goods.
4.15 TicketMingle owns all Intellectual Property Rights in the
Website and the Service, including without limitation, the design, text, graphics,
the selection and arrangement thereof.
4.16 TicketMingle takes reported and actual infringement of Intellectual
Property Rights and fraud extremely seriously and whilst Members cannot hold TicketMingle
liable in relation to such issues, TicketMingle requests all Members to report such
matters immediately to adam@TicketMingle.co.uk and TicketMingle shall inform the
appropriate authorities.
4.17 The user should use common sense and caution when using the
TicketMingle site. The user should also be aware there are risks of dealing with
underage persons or people acting under false pretences. By using this Site, you
agree to accept such risks and agree that TicketMingle is not responsible for the
acts or omissions of users on the Site.
4.18 In addition to the terms set out herein, a Holder may wish
to make the provision of a Ticket subject to its own terms and conditions. It is
up to the Holder to incorporate those terms validly into the contract it forms with
the Taker. However, in the event of any conflict between any terms in the Holder's
terms and those set out in this Agreement, the terms of this Agreement shall prevail.
4.19 It is the Member's responsibility to conclude the terms of
any Swap. TicketMingle will not be involved in or have any responsibillity in respect
thereof.
5. LIMITATION OF LIABILITY
5.1 TicketMingle is not liable for any indirect loss, consequential
loss, loss of profits, revenue, data or goodwill howsoever arising suffered by any
Member arising in any way in connection with this Agreement, Swaps or for any liability
of a Member to any third party.
5.2 Whilst TicketMingle will make all reasonable attempts to exclude
viruses from the Website, it cannot ensure such exclusion and no liability is accepted
for viruses. Thus, the Member is recommended to take all appropriate safeguards
before downloading information or any Material from the Website.
5.3 TicketMingle shall not be liable for ensuring that there the
Material on the Website is not Unacceptable Material and the Taker in making any
Swap from the Website accepts that it does so exclusively at its own risk.
5.4 TicketMingle is not liable for any failure in respect of its
obligations hereunder which result directly or indirectly from failure or interruption
in software or services provided by third parties.
5.5 TicketMingle is not responsible for the direct or indirect
consequences of a Member linking to any other website from the Website.
5.6 None of the clauses herein shall apply so as to restrict liability
for death or personal injury resulting from the negligence of TicketMingle or its
appointed agents.
6 WARRANTIES AND INDEMNITY
6.1 TicketMingle does not represent or warrant that the Material
is accurate, complete or current. TicketMingle has no liability whatsoever if the
Taker relies on such Material and it proves to be inaccurate.
6.2 Material has not been written to meet the individual requirements
of the Taker and it the Taker's sole responsibility to satisfy itself prior to entering
into a Swap that the Ticket is suitable for its purposes.
6.3 All warranties, express or implied, statutory or otherwise
are hereby excluded.
6.4 The Member hereby agrees to indemnify TicketMingle against
all liabilities, claims and expenses that may arise from any breach of this Agreement
by the Member.
7. GENERAL
7.1 Subject to Clause 7.2, this written Agreement and any other
expressly incorporated document constitute the entire agreement between the parties
hereto relating to the subject matter hereof and neither party has relied on any
representation made by the other party unless such representation is expressly included
herein. Nothing in this Clause 7.1 shall relieve either party of liability for fraudulent
misrepresentations and neither party shall be entitled to any remedy for either
any negligent or innocent misrepresentation except to the extent (if any) that a
court or arbitrator may allow reliance on the same as being fair and reasonable.
7.2 TicketMingle reserves the right to alter its terms of business
from time to time. The Effective Date at the time the Member is reading these terms
is set out at the top of this Agreement. Prior to entering into a transaction, Members
should check that the effective date has not altered. If it has, the Member should
examine the new set of terms and only enter into a transaction if it accepts the
new terms.
7.3 If any provision of this Agreement or part thereof shall be
void for whatever reason, it shall be deemed deleted and the remaining provisions
shall continue in full force and effect.
7.4 TicketMingle reserves the right to assign or subcontract any
or all of its rights and obligations under this Agreement.
7.5 The Member may not assign or otherwise transfer its rights
or obligations under this Agreement without TicketMingle's prior written consent.
7.6 Any notice given pursuant hereto may be served personally or
by email to the last known email address of the addressee. It is the responsibility
of Members promptly to update TicketMingle of any change of address or email address.
Such notice shall be deemed to have been duly served upon and received by the addressee,
when served personally, at the time of such service, when sent by email 24 hours
after the same shall has been sent, or if sent by post 72 hours after put into the
post correctly addressed and pre-paid.
7.7 TicketMingle shall not be liable for any loss suffered by the
other party or be deemed to be in default for any delays or failures in performance
hereunder (other than in relation to payment) resulting from acts or causes beyond
its reasonable control or from any acts of God, acts or regulations of any governmental
or supra-national authority.
7.8 Any delay or forbearance by TicketMingle in enforcing any provisions
of this Agreement or any of its rights hereunder shall not be construed as a waiver
of such provision or right thereafter to enforce the same.
7.9 This Agreement shall be governed by the laws of England and
the parties submit to the non-exclusive jurisdiction of the Courts of England and
Wales.
7.10 Your personal information (which includes your name, address
and any other details you provide to us which concern you as an individual) may
be processed by us only.
TERMS AND CONDITIONS EFFECTIVE FROM FEBRUARY 2010