TicketM8 Customer Terms and Conditions

Revised: 16 July 2007

These TicketM8 Terms & Conditions of Service are the terms on which UNIM8 Limited will supply a ticketing service delivered through TicketM8.co.uk and these conditions shall apply to every individual who uses the TicketM8 service. Any person who holds a TicketM8 ticket shall be considered to have agreed to these TicketM8 Customer Conditions of Service.

1. DEFINITIONS

In interpreting these Terms and Conditions, the following words shall have the following meanings:

1.1. "We", "Us" and "Our" refers to UNIM8 Limited, registered in England and Wales number 5472894, and whose registered office is at 73 The Boulevard, Worthing, West Sussex, BN13 1JT.

1.2. “TicketM8” or “TicketM8.co.uk” refers to the e-ticketing service wholly owned and operated by UNIM8 Limited; with the web address http://www.ticketm8.co.uk.

1.3. "Ticket” means the Ticket or Ticket Code which sets our agreement to carry or arrange for the carriage of any passenger.

1.4. “e-Ticket” or “Ticket Code” is the unique alphanumerical ticket code provided by TicketM8 which enables admission.

1.5. "You" means the individual person who uses the TicketM8 service, and can be further identified as a:

1.5.1. “Purchaser” who purchases a Ticket or Ticket(s) for their own use or on behalf of a Ticket Holder.

1.5.2. “Ticket holder” is the individual to which a Ticket is allocated to.

1.6. “Supplier’” means the person, people or business who has the authority to sell and fulfil a Ticket.

1.7. “Event” or “Activity” is the event or activity for which Tickets are available for as advertised on the Website.

1.8. “Website” means http://www.ticketm8.co.uk, where the Purchaser can access, book and manage tickets.

2. GENERAL BOOKING & TICKETS

2.1. The Tickets. TicketM8 uses unique Ticket Codes in the form of an electronic-ticket (or e-Ticket). We do not use physical tickets unless otherwise stated. Immediately upon successful payment you will receive a receipt of payment and a Ticket Code for each Ticket that is purchased.

2.2. Admission. To be granted admission, the Ticket Code along with a form of accepted photographic ID proving the full name of the Ticket Owner must be shown at point of admission. These details are checked off on a Customer List for admission. Suppliers, staff or personnel will not admit anyone who is unable to confirm their identity and the correct Ticket Code; to the satisfaction of the Supplier.

2.3. Further identification. Some Tickets may require further proof of identity, such information will be stated on the booking page and you agree to ensure that you have the required and necessary proof of identification before purchasing any Ticket on TicketM8.

2.4. Authority to sell tickets. Tickets are sold by TicketM8 on behalf of a Supplier. By making Tickets available on our service, we confirm that we have received the authority to be appointed as an agent for the sale of those Tickets and that any rights and permissions required have been granted to enable us to sell those Tickets. The Supplier has entered an agreement with us to honour the TicketM8 Ticket Codes to admit entry and to treat them with the same rights as any other form of booking available for the same Ticket for the same Event.

2.5. Event information. Any Event and Ticket information is provided by the Supplier. You are advised to check the details carefully as although we make the best efforts in keeping the information as up-to-date as possible, we cannot be held responsible for errors made in the information provided by the Supplier. It is the responsibility of the Supplier to bring to your attention any additional terms, conditions, restrictions, notices or further information which may apply to the Event. You are responsible for checking this information before booking.

2.6. Supplier terms. Tickets provided by the Supplier may be subject to their own terms and conditions and it is your obligation to check and adhere to any of those terms in addition to these terms and conditions of TicketM8.co.uk.

2.7. Ticket availability. Tickets provided by a Supplier may be available through other methods and the number of tickets available on this Website indicates our allocation as provided by the Supplier and may not reflect the total tickets remaining for the Event itself. Where additional Tickets have been obtained we will update the Website as soon as possible to make them available.

2.8. Prices and seating for other suppliers. We sell tickets on behalf of promoters, organisers and venues which mean that we do not set the ticket prices or determine seating arrangements for those Tickets.

2.9. Timings and late arrivals. Refunds will not be given to late arrivals. All relevant times will be published at ticket purchase and it is your responsibility as a ticket holder to check the time details. We will not be liable for any cost, injury, stress or loss sustained by individuals who fail to meet the appointed time.

2.10. Cancellations. We are not responsible for the cancellation or rescheduling of any Event or Activity by the Supplier. In the case of a cancellation or rescheduling, we will offer a refund or the transfer of the Ticket to the rescheduled Event. This decision will be made at our discretion with the Supplier and information will be delivered on the Website. We shall not be liable to you, any Ticket Holder or any third party for any costs or expenses which you incur as a result of a cancellation or rescheduling of an Event by a Supplier.

2.11. Age restrictions. For Events and or Tickets where an age restriction applies, the restrictions will be clearly indicated during the booking process. It is your responsibility to ensure that you and any Ticket Holders read all the information that may apply and that any proof of age is carried if appropriate.

3. PURCHASING

3.1. Purchasing tickets. You must be over 16 years old to purchase Tickets using this Website. By using our service, you warrant that you are aged 16 years or older. In order to purchase Tickets from the Websites, you must be a member and logged in. Membership is free. You agree that Tickets are for personal use for you or the people who you are purchasing them on behalf of.

3.2. Accurate information. You must provide us with accurate details to fulfil ticket orders; this includes but is not limited to any information and contact details taken when booking your Tickets. The Ticket consists of the correct unique Ticket Code and verification of your identity; therefore any inconsistency or discrepancy in the details you provide may invalidate or result in the withdrawal of your ticket.

3.3. Urgent contact. We may contact you regarding further information relating to a Ticket and will use the details supplied when booking your Ticket(s) to convey any such information. The Purchaser is responsible for ensuring all details are correct and accurate and that any individuals, who they have purchased Tickets for, are aware of any additional information if necessary.

4. TICKET OWNERSHIP

4.1. Ticket Holder information. The Purchaser is responsible for ensuring the details for any Ticket Holder are accurate and correct at all times, whether at first purchase or during reallocation. We will do all that it can to ensure that the contact details you provide are accurate however We will not be responsible a failure of service as a result of the provision of incorrect, insufficient or inaccurate details.

4.2. Reallocating tickets. If you are unable to attend an Event you may reallocate, if and only when the feature is enabled. The reallocation system can be found on the My Tickets page and only be done by the Purchaser, where enabled, and must be done by the date as specified on the Ticket page.

4.3. Your responsibility to Ticket Holders. It is your responsibility to make the Ticket Holder for Tickets purchased within your account, fully aware of the details and terms which apply to the Ticket. It is also your responsibility as the Purchaser to ensure that the details for the allocated Ticket Holder are correct at all times and that they qualify and meet all conditions for the ownership of the Ticket. As the Purchaser you hold the responsibility for arranging, if any, any agreement of financial reimbursement to take place between you and the person the ticket is to be reallocated to.

4.4. Reselling. You will not attempt to transfer the Tickets other than to those who fall within the acceptable uses of the reallocation system. The reselling of tickets is strictly prohibited and anyone suspected to be reselling Tickets will have all tickets cancelled without refund and access to the website removed.

5. FINANCIAL

5.1. Prices and currency. All prices on this Website are quoted in (£) English Pounds Sterling. All Ticket prices displayed on the Website include any necessary fees, if applicable, including Convenience charges, VAT and processing fees. The ticket price which is advertised on the Website is the full amount you will pay in total and is not subject to any further costs unless stated. In any dispute over the ticket price for an event, we reserve full rights to refuse any sale.

5.2. Convenience charge. To enable the facility to sell tickets online, all Tickets sold through the Websites include a Convenience charge. This charge pays towards credit/ debit card processing services, merchant fees, maintenance of computer hardware and software, updates and improvements to the overall TicketM8 service to Suppliers and Customers. Under no circumstances will you be refunded the Convenience Charge.

5.3. Debiting time. Once your payment has been processed and accepted by us, the payment is charged at the moment the Ticket Code is sent. All purchases through the TicketM8 service will appear on your statement as ‘UNIM8 Limited’.

5.4. Unsuccessful payments. Should a monetary payment not fully clear we reserve the right to refuse any further requests for tickets and may cancel your access to the UNIM8 internet sites and from any UNIM8 Ticket purchases.

5.5. Cancelled events. Where an event has been cancelled by the Supplier, we will contact the Purchaser and Ticket holders with the contact details supplied to arrange any refund. The return of monies will be made only to the Purchaser.

5.6. Rescheduled events. For Tickets which have been purchased for an Event which is rescheduled, you will have the option made available to you to transfer your ticket which will remain valid should you wish to attend the revised event (subject to availability) or receive a refund to the face value of the Ticket. Refunds must be resolved within 3 days of notification of the rescheduled date unless further written agreement is made by us. Where an Event has been rescheduled and the Ticket holder wishes to retain the Confirmation number to the new date (where we explicitly offer the transfer in writing), the Ticket holder shall not be entitled to any part or full refund of the Ticket value or to any other compensation.

5.7. Refunds. Tickets which have been purchased through the Website cannot be refunded unless the Event or Activity has been cancelled, moved to another date or a significant change has been made to the headline, venue, line-up or itinerary, of which you do not wish to retain your Ticket Code to be transferred to.

5.8. Customer refunds. A refund will only be given back to the individual who placed the booking and made the payment, the Purchaser. If you require a refund which does not come from the cancellation of an event an administrative charge will be applied. The following charges apply where a ticket is to be refunded where elected or legally obliged: Ticket up to £10: £3 admin fee, Ticket up to £20: £5 admin fee, Ticket of £30 or more: £8.00 admin fee, Ticket of £100 or more: £20 admin fee.

5.9. Claiming a refund. In order to claim any refund, please apply in writing to the address supplied in the contact details, referencing your Ticket Code and transaction receipt reference. We must be informed no later than 72 hours after the purchase.

6. CONDUCT

6.1. Event timings. It is part of the Terms to the validity of a Ticket that all Ticket holders adhere to the timings stated for the event. We expect all Ticket holders to arrive at the stated location or admission point at least a minimum of 15 minutes before the stated time.

6.2. Right to admission. The right of admission for a Ticket Holder is reserved by the Supplier or designated staff of authority, who may take into account health and safety and security concerns, infringement of terms and conditions or on account of unacceptable behaviour.

6.3. Unacceptable behaviour. You may be refused admission or ejected from an Event or Activity for unacceptable behaviour, including but not limited to, any of the following: being underage or failure to provide proof of age, refusal to be searched, threatening, aggression, abusive, drunken or antisocial behaviour, possession of offensive weapons or illegal substances, unauthorised recording or photography or a questionable integrity to a Ticket Code. All Events and Activities clearly state entry and/or start times and late arrival may also result in a refusal of entry. A Ticket may be interrupted and terminated where a Customer’s conduct is deemed ‘unreasonable’ by a company employee or agent, including but not limited to the above examples. If this occurs, we cannot and will not provide a refund and subsequent requests for bookings may be refused as a result.

7. INFORMATION & DATA

7.1. Website material. You may view and retain a copy of the Event details on this site for your own personal use however you may not duplicate, publish, modify or distribute material on this site other than for personal use.

7.2. Consent to promotions. Upon registering with the TicketM8 service, you thereby give consent to be contacted with relevant promotions, offers or information that you may state an interest in or we believe may be of interest to you. If you wish to opt out of this service, contact us expressing your wishes.

7.3. Supply of accurate information. You agree to supply at all times, information which is accurate when requested. We cannot be held responsible for a failure of service which results from the provision of incorrect or inaccurate information. This includes but is not limited to contact details, payment data, and booking information.

8. LIABILITY

8.1. Liability of event. By purchasing a Ticket from us you understand and agree that we are not responsible to you or any third party, for the programme, line-up, delay, rescheduling, cancellation or content of the Event or Activity. You accept that any issues relating to the Event or Activity will be dealt with between you and the Supplier of those Tickets. Whilst we monitor the use of our services to Suppliers, we do not make any warranty or guarantee of any relevant safety standards. Ticket Holders attend an Event at their own risk.

8.2. Liability to you. The only liability we may have to you the Customer is any failure to the booking and payment of your Tickets, such liability shall be limited to the full amount that you pay us for the Ticket(s). We shall not be liable to you for any loss savings, use of money, business, goodwill or reputation whether direct or indirect.

8.3. Ticket Holder liability. You accept that we have no liability to inform any Ticket Holder who you purchase a Ticket for or on behalf of. It is your responsibility to inform the Ticket Holder of the conditions a Ticket is purchased.

8.4. Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will UNIM8 Limited be liable to you for any indirect, consequential, incidental or punitive damages, including the lost of profits. To the extent where UNIM8 Limited has any liability to the Customer under this agreement it shall be limited to the full price paid for its Tickets.

8.5. Indemnity. As a condition for your use of the service, you agree to indemnify UNIM8 from and against any liability, damage, claim or loss that incurs or suffers as a result of any action, inaction, omission on your part or as a failure to observe to any of the points in these Terms and Conditions. You shall maintain adequate insurance to protect yourself in the event of any losses caused in relation to the Customer or any third party that may arise in any way relating to the Event or the Supplier. Neither party shall be liable to the other to the extent of any liability which the other party has no control over.

9. GENERAL

9.1. Intellectual property. The copyright and intellectual property for TicketM8, including the Website design, logo, software and source code belong to UNIM8 Limited. None of our material may be reproduced or distributed without our expressed written permission.

9.2. Data Protection. We are registered and adhere to the Data Protection Act of 1998. We will always comply with any data protection legislation which is currently in force. In compliance with the Data Protection Act, any information will be stored securely and will never be shared with a third party unless it is necessary in relation to an order. UNIM8 Limited will endeavour in the strictest terms to keep your personal information personal and secure however UNIM8 Limited cannot accept responsibility for information taken unlawfully.

9.3. Jurisdiction. All terms and conditions in this agreement are governed by the laws of England and Wales. The English Courts shall have exclusive jurisdiction in relation to any matter over these terms and conditions.

9.4. Breach of agreement. We reserve the right with immediate effect, to terminate your use and the sale of Tickets to you upon the breach of any of these Terms and Conditions.

9.5. Access to the Website and content. We will endeavour to allow uninterrupted access to the Website, but access may be restricted or limited where updates to the Website may be made. We may suspend, restrict or terminate your access to the Website at any time upon any infringements to these Terms and Conditions. We reserve the right to change, modify, substitute or remove without notice any information on the Website which we deem unsuitable or inappropriate. We do not give any guarantee that the Website is free from viruses or malicious software and you are advised to run any protective software to protect yourself.

9.6. User name and password. Upon registering to use the TicketM8 service you will receive a username and password which you are responsible for keeping secure. This will provide you with access to the TicketM8 service and you are responsible for all content and activity under your username. Please contact us immediately if you find the security of your username and password compromised.

9.7. Severability. Each of the provisions in this TicketM8 Terms & Conditions of Service shall be separate and severable. Should any of these terms be invalid or unenforceable, it shall be severed from this TicketM8 Terms & Conditions of Service and the remaining provisions shall continue in full effect and be amended as far as possible to give valid effect to the intentions of those involved under the severed terms.

9.8. Changes to these terms and conditions. We reserve the right to change these terms and conditions at any time and any changes will be posted on the Website and will come in to effect immediately. You are responsible in viewing these terms and conditions periodically and before purchasing any tickets, as we cannot be responsible for any negligence on your behalf. Use of the service will be deemed consent to any such amended Terms and Conditions. If as a reflection in the update of the Terms and Conditions, you do not wish to continue with the service, contact us so that we may terminate your agreement and use of the service.

9.9. Disputes. You agree that any dispute between yourself and us which comes from your use of the service which cannot be resolved between both parties will be submitted to the exclusive jurisdiction of the English Courts. All terms and conditions in this agreement are governed by the laws of England and Wales.

9.10. Contact. Any complaints should be sent in writing within the following 7 days of the event and sent to ‘TicketM8, 73 The Boulevard, Worthing, West Sussex, BN13 1JT’. For any questions or queries, please phone +44 (0)1903 243 489 during our normal office hours or email info@TicketM8.co.uk with your transaction number and question. We will endeavour to respond to all enquiries within 2 working business days. Our trading hours are 09.30 – 17.00, Monday to Friday.