TERM OF SERVICE
2. Notice Regarding Future Changes to Terms
We may periodically make changes to this User Agreement and shall notify you by posting a revised version on our website. The revised User Agreement will become effective upon publication and your continued use of our site and services will constitute acceptance of the revised User Agreement.
3. Ticket Marketplace
TicketsPlus is a registered business in the Cayman Islands with its principal place of business also being in the Cayman Islands (“TicketsPlus,” “us,” “we” or “our”). We are a mobile ticketing and events management platform and as such we do not own the tickets/events sold on the Site or the Applications. The information we provide is solely informational without any warranty as to accuracy and therefore have no control over the existence, quality, safety or legality of the Tickets/Events and no control over the ability of the Organiser to sell the tickets or buyers to pay for them.
TicketPlus Has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site or the privacy practices of those websites. The inclusion of any link does not imply an endorsement by TicketsPlus Of the site.
5. Your Account
Your may browse the site without registering for an account but you will be required to register an account to use certain features such as to list, sell or purchase tickets to an event. To register for an account you must be at least 18 years old and be able to enter into a legally binding contract, if you are registering with TicketPlus, If you are under the age of 18 you may use the services of the Site or Applications only with the involvement of a parent or guardian, however you may not use the TicketPlus site or Application if you are under the age of 13. If you a registering an account as a business entity you therefore represent you have the authority to legally bind that entity. When creating the account you must provide complete and accurate information, you will be responsible for the confidentiality and use of your username and password and for all activities that are conducted through your account. Your account is not transferable to another party. We reserve the right to temporarily or permanently suspend Accounts with incomplete or inaccurate information.
6. TicketPlus Service and Role
What We Do: TicketPlus Services provide a simple and quick means for Organizers (Sellers) to promote their events and sell tickets to said event to Attendee (Buyer)
How We Fit In: TicketsPlus is not the creator, organizer or owner of the events listed on the Services. Rather we allow Organizers to manage ticketing and registration and promote their events. The Organizer (seller) is solely responsible for ensuring that any page displaying an event on the Services (and the event itself) meet all applicable regional and national and laws, rules and regulations, and that the goods and services described on the event page are delivered as described and in an accurate satisfactory manner. The Organizer of a paid event selects the payment processing method for its event as more fully described in the Merchant Agreement. Attendees (buyer) must use whatever payment processing method the Organizer selects. If the Organizer selects a payment processing method that uses a third party to process the payment, then neither TicketsPlus nor any of its payment processing partners processes the transaction but we transmit the Attendee's payment details to the Organizer's designated payment provider. If an Organizer uses TicketsPlus Processing (as defined in the Merchant Agreement), TicketsPlus also acts as the Organizer's limited agent solely for the purpose of using our third party payment service providers to collect payments made by Consumers on the Services and passing such payments to the Organizer.
7. Selling Tickets
The Seller (You) must comply with all applicable laws and regulations and the terms of this User Agreement and the Merchant Agreement when listing, selling and delivering your Tickets. When listing a Ticket you must set a price for which you are willing to sell your Ticket ("Sales Price"). You may modify (e.g. raise or lower the Sales Price) or delete your listing at any time until the Tickets have sold. By listing a Ticket for sale, you are making a binding offer to sell that Ticket to a Buyer who purchases the Ticket at the Sales Price. When a Buyer accepts your offer by purchasing your Ticket through our Site, you are contractually bound to deliver that exact Ticket for Sales Price and within the required delivery timeframe. You are obligated to monitor your inventory and ensure all listings are accurate. Under no circumstances may Sellers cancel orders at one price and repost the same tickets for a higher price. Failure to fulfil your orders will lead to charges as stated in this User Agreement and Merchant Agreement. TicketsPlus does not guarantee that your tickets or related passes will sell or that your listing will appear on the Site within a certain time after it is posted or in a particular order on the event page or through search results. TicketsPlus will not, for any reason, provide compensation for tickets that do not sell, even if it is due to Site unavailability from an outage or maintenance or listing delays.
8. Purchasing Tickets
The buyer (Attendee/You) are responsible for reading the complete listing before making a commitment to buy Tickets. When placing an order, you are entering into a binding contract with the Seller to purchase those Tickets. Additional terms communicated to you by the Seller may apply. Payment is remitted to TicketsPlus and disbursed to the seller according to our Payment Services Agreement for Sellers or the User Agreement. All Sales are final. You cannot change or cancel any orders after the sale is complete. You will NOT hold us liable if you do not comply with laws related to your transactions. If we are unable to verify or authenticate any information or tickets you provide during any registration, ordering, purchase, ticket posting, sale, authentication, delivery, payment, or remittance process, or any other process, or if we are no longer able to verify or authorize your credit card or bank account information, your tickets may be cancelled, we may refuse to honour all pending and future ticket purchases made with those credit card or bank accounts and/or via any online accounts associated with those credit card or bank accounts. We may also prohibit you from using the Site.
9. Fees and Refunds
Fees That We Charge. Creating an account, listing an event and accessing the Services are free. However, we charge fees when you sell or buy paid tickets or registrations. These fees may vary based on individual agreements between TicketsPlus and certain Organizers. Organizers ultimately determine whether these fees will be passed along to Consumers and shown as "Fees" on the applicable event page or absorbed into the ticket or registration price and paid by the Organizer out of ticket and registration gross proceeds. The fees charged to Consumers may include certain other charges, including without limitation, facility fees, royalties, taxes, processing fees and fulfilment fees. Therefore, the fees paid by Organizers for an event are not necessarily the same as those charged by TicketPlus to the applicable Organizer or the standard fees described on the Services to Organizers. In addition, certain fees are meant, on average, to defray certain costs incurred by TicketsPlus, but may in some cases include an element of profit and in some cases include an element of loss. TicketsPlus does not control (and thus cannot disclose) fees levied by your bank and/or credit card company, including fees for purchasing tickets and registrations in foreign currencies or from foreign persons. Be sure to check with your bank or credit card company prior to engaging in a transaction to understand all applicable fees,
Refunds. Because all transactions are between an Organizer and its respective attendees, TicketsPlus asks that all Attendees/Buyers contact the applicable Organizer of their event with any refund requests. See our new Payment Plan Terms: https://www.ticketsplus.ky/en/page/payment-plan-terms
If you are an Attendee, you acknowledge that should you receive a refund for your ticket, you will discard any ticket that we or any Organizer has delivered, and will not use it (or any copy of it) to attend the event. Violation of the foregoing constitutes fraud. You acknowledge that the applicable procedure to check the validity of the ticket must always be followed. TicketsPlus will not be held liable under any circumstances for any costs arisen from non-compliance by Organizers with applicable procedures that must be implemented by Organizers to check validity of tickets. TicketsPlus will not be held liable under any circumstances for costs and/or damage associated with tickets arisen from situations with fraud and/or for damage associated with the purchase of the ticket through non-official means, such as third parties.
(b) If you are an Organizer, you acknowledge that the applicable procedure to check the validity of the ticket must always be followed. TicketsPlus will not be held liable under any circumstances for any costs arisen from non-compliance by Organizers with applicable procedures that must be implemented by Organizers to check validity of tickets. TicketsPlus will not be held liable under any circumstances for costs and/or damage associated with tickets arisen from situations with fraud and/or for damage associated with the purchase of the ticket through non-official means, such as third parties.
You own and are solely responsible for any content including images, text, audio or other materials that you submit (“User Content”). By submitting User Content, you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right to use, reproduce, distribute, create derivative works from, publicly perform, display, store, or publish in any way, in any media known now or in the future. You grant TicketsPlus the right to use your name or image in association with your User Content, if we so choose. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights against us, our sublicensees or assignees.
You represent and warrant that the User Content: (a) is owned by you or you control all necessary rights to it; (b) does not violate, misappropriate or infringe on the rights of any third party including intellectual property rights, privacy rights or publicity rights; (c) is accurate, not obscene, false, libelous or defamatory; and (d) will not cause injury to any person, entity or system. You will indemnify TicketsPlus for any and all claims resulting from your User Content. TicketsPlus has the right but not the obligation to monitor, edit or remove your User Content. The User Content is non-confidential and TicketsPlus will not be liable for its use or disclosure.
We may offer catalogues of stock images, descriptions and product specifications, which are provided by third-parties (including TicketsPlus users). You may use catalogue content solely in connection with your TicketsPlus listings during the time your listings are on our Site. While we try to offer reliable data, we cannot promise that the catalogues will always be accurate and up-to-date, and you agree that you will not hold our catalogue providers or us responsible for inaccuracies in their catalogues. The catalogue may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogues or create any derivative works based on catalogue content (other than by including them in your listings).
If you submit ideas, suggestions, documents, and/or proposals (“Ideas”) to TicketsPlus, you do so voluntarily and with no expectation of confidentiality. By submitting Ideas, you grant us ownership of the Ideas to use for any purpose, in any way, in any media now known or in the future and throughout the universe without any obligation or payment. You understand that TicketsPlus may have something similar to the Ideas under consideration or in development.
11. Claims of Copyright Infringement on the Site
If you believe in good faith that any content on the Site infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent’s) physical or electronic signature; (b) identification of the copyrighted work on our Site that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Site; (d) your name, address, telephone number, and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. We suggest that you consult your legal advisor before filing a notice
12. Code of Conduct
You agree that you will comply with all applicable laws, rules and regulations and that you will not:
• Restrict or inhibit any other person from using the Site.
• Use the Site for any unlawful purpose.
• Express or imply that any statements you make are endorsed by us, without our prior written consent.
• Impersonate any person or entity, whether actual or fictitious, including any employee or representative of our company.
• Submit (a) any content or information that is unlawful, fraudulent, libelous, defamatory, or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any non-public information about companies without authorization; or (c) any advertisements, solicitations, chain letters, pyramid schemes, surveys, contests, investment opportunities, or other unsolicited commercial communication.
• Submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful, or otherwise objectionable, including any posting that includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous, or desirable, or contains any personal contact information or other personal information identifying any third party.
• Submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability.
• Engage in spamming or flooding.
• Harvest or collect information about Site users.
• advertise your event but complete sales independent of the Services in order to circumvent the obligation to pay fees related to the Services;
• collect credit card number, expiration date or CSC code or any other credit card information;
• Do anything that TicketsPlus Determines, in its sole reasonable discretion, misuses the Site or Services or otherwise negatively impacts our marketplace
13. Violation of the Terms
We may investigate any violation of the Terms, including unauthorized use of the Site. We may provide law enforcement with information you provide to us related to your transactions to assist in any investigation or prosecution of you. We may take legal that we feel is appropriate. You agree that monetary damages may not provide us a sufficient remedy, and that we may pursue injunctive or other relief for your violation of the Terms. If we determine that you have violated the Terms or the law, or for any other reason or for no reason, we may cancel your account, delete all your User Content, and prevent you from accessing the Site at any time without notice to you. If that happens, you may no longer use the Site or any Content. You will still be bound by your obligations under the Terms. You agree that we will not be liable to you or any third party for termination of your access to the Site or to your account or any related information, and we will not be required to make the Site or your account or any related information available to you. We may also cancel any ticket or merchandise order, and tickets or merchandise acquired through your order. We may refuse to honour pending and future purchases made from all accounts we believe may be associated with you or cancel a ticket or ticket order associated with any person we believe to be acting with you, or cancel your ticket postings, or exercise any other remedy available to us.
14. Disclaimer of Warranties; Limitation and Liability, Indemnification
We provide the site and the content to you "as is" and "as available". We try to keep the site up, bug-free, and safe, but you use it at your own risk. To the fullest extent permissible by law, and to the extent that applicable law permits the disclaimer of express or implied warranties, we disclaim all warranties, express or implied, including any warranty of title, non-infringement, accuracy, merchantability, fitness for a particular purpose, or warranties that may arise from course of dealing or course of performance or usage of trade. We do not guarantee that the site will always be safe, secure, or error-free, or that the site will always function without disruptions, delays, or imperfections. We are not responsible for the actions or information of third parties, and you release us from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.
In no event will we or our event organizers, suppliers, advertisers, and sponsors, be responsible or liable to you or anyone else for, and you hereby knowingly and expressly waive all rights to seek, direct, indirect, incidental, special, or consequential damages of any type, and any rights to have damages multiplied or otherwise increased, arising out of or in connection with the site, the content, or any product or service purchased through the site, even if we have been advised of the possibility of such damages, and regardless of whether the claim is based upon any contract, tort, or other legal or equitable theory. Without limiting the foregoing, you expressly acknowledge and agree that we will have no liability or responsibility whatsoever for (a) any failure of another user of the site to conform to the codes of conduct, (b) personal injury or property damage, of any nature whatsoever, whether arising in contract or in tort, resulting from your access to and use of our site, (c) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (d) any bugs, viruses, worms, trojan horses, defects, date bombs, time bombs, or other items of a destructive nature which may be transmitted to or through our site, (e) any errors, mistakes, inaccuracies, or omissions in any content, or (f) any lost, stolen, or damaged tickets, or the failure of a venue to honour a ticket. Your sole and exclusive remedy for dissatisfaction with the site is to stop using the site. The limitations in this section will apply even if any limited remedy fails of its essential purpose. The allocation of risk between us is an essential element of the basis of the bargain between us. Our aggregate liability arising out of the terms or the use of the site will not exceed the greater of one hundred dollars ($100) or the amount you have paid us in the past twelve months. In no event will attorneys' fees be awarded or recoverable. Our liability will be limited under this paragraph to the fullest extent permitted by applicable law, and the provisions of this paragraph will not apply to the extent applicable law permits the recovery of damages, attorneys' fees, or costs otherwise prohibited under this paragraph.
If anyone brings a claim against us related to your use of the Site, the Content, your User Content, or your violation of the Terms, you agree to indemnify, defend, and hold us and our affiliated companies, Event Organizers, suppliers, advertisers, and sponsors, and each of our officers, directors, employees, and agents, harmless from and against any and all claims, damages, losses, and expenses of any kind (including reasonable legal fees and costs).
15. Term and Termination
This User Agreement shall commence on the date that you register an Account with TicketsPlus and will continue for an indefinite period unless terminated in accordance with these provisions. You may terminate this User Agreement at any time. In the event that you request that we close your Account, we will treat your request as termination of this User Agreement. We may terminate this User Agreement at any time by giving at least thirty (30) days’ notice via email to your registered email address. We will then close your Account. If you terminate this User Agreement as a Seller you are also terminating the Payment Services Agreement (to the extent applicable) as of the time of the termination of the User Agreement taking effect. Termination of this User Agreement shall not affect the rights or liabilities of either party accrued prior to and including the date of termination or expiry and/or any terms intended expressly or by implication to survive termination or expiry.
It is our belief that the Terms do not contain any provision contrary to law. However, if any part of the Terms is determined to be illegal, invalid, or unenforceable, you agree that: (a) that part shall nevertheless be enforced to the extent permissible in order to effect the intent of the Terms, and (b) the remaining parts shall be deemed valid and enforceable.
18. GDPR compliance statement
John Watler T/A Tickets Plus (“TicketsPlus”) respects and complies with the EU General Data Protection Regulations (GDPR). Some of the key ways we comply with these regulations are:
We explain what you’re consenting to clearly and ask that you explicitly consent to contact from us.
In the event of a breach we will notify affected users within 72 hours of first having become aware of the breach.
Right to Access
Users can request confirmation as to whether or not personal data concerning them is being processed, where and for what purpose. Further, we shall provide a copy of the personal data, free of charge, in an electronic format.
Right to be Forgotten
Once we have compared your (the subjects’) rights to “the public interest in the availability of the data”, we may delete your personal data where you have requested this.
We allow you to receive the personal data concerning you, which we will provide in a ‘commonly used and machine readable format’ and you have the right to transmit that data to another ‘controller’.
Privacy by Design
We implement appropriate technical and organisational measures, in an effective way, in order to meet the requirements of this Regulation and protect the rights of data subjects’. We hold and process only the data absolutely necessary for the completion of our duties (data minimisation), as well as limiting the access to personal data to those needing to act out the processing.
To learn more about our privacy terms and GDPR please visit: https://www.ticketsplus.ky/en/page/privacy-policy