General Terms & Conditions of Use

Last updated: 5 November 2009

Section 1: Who We Are

When we say "we" or "TicketSource" in this privacy policy, we mean TicketSource Limited, which is a private limited company incorporated in England and Wales, Company Number: 05043301. Registered Office: 3 Stangate House, Stanwell Road, Penarth, United Kindgdom CF64 2AA.

When we say "the Site/s" we refer to any of the web sites operated by TicketSource Ltd whether branded as such or operated on an unbranded or re-branded basis on behalf of another organization. ("White Label")

When we say "the Sales Site" we refer to the web site at www.ticketsource.co.uk (or any White Label variant of the same) and when we say the "Administration Site", we refer to www.ticketsourcetoolkit.co.uk or any bespoke variant of that. The following are the Terms and Conditions (the "Terms") that govern use of the Site/s and associated administrative infrastructure for the listing and sale of entertainment events. ("Events")

TicketSource does not produce or otherwise bring Events to market; that remains the function of the Venues, Production Companies, Amateur Theatre Societies, Orchestras, Choirs, Bands, Music Promoters, Teams, Leagues etc, who list their Events on our Site. We refer to these organizations and/or the individuals or corporate third parties representing them, as "Event Providers" or "Event Organisers".

When we say "Tickets" we refer to the "Customers" right to attend an event and (where applicable) their right to occupy a specific seat at that Event. From our use of the word "Ticket" you may infer a proof of purchase but you may not infer a specific form of physical paper ticket. (See Purchase Policies below)

TicketSource maintains the software system by which our registered Event Organisers make their tickets available for online purchase by members of the public. ("Customers").

Section 2: Permitted Uses of the Site

TicketSource provides the technical infrastructure to enable online sales by Event Organisers. By using or visiting the Site/s, whether as representative of an Event Organiser or as a Customer, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Site. TicketSource reserves the right to change these Terms at any time, effective immediately upon posting on the Site. Please check this page periodically. If you violate these Terms, TicketSource may terminate your use of the Site, bar you from future use of the Sites and/or take appropriate legal action against you.

You agree that you are only authorized to visit, view, link to and/or to retain a copy of pages of this Site for your own personal use as a Customer, or for your organisation’s use (if you are acting on behalf of an Event Organiser) and that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than to create and manage event and promotional information, for personal use, or to administrate the sale of tickets.

The content and software on this Site is the property of TicketSource and/or its suppliers and is protected by UK and international copyright laws. We post the relevant legal notices and credits on the Site. Please do not remove any such notice or credit, or any additional information presented in respect of copyright.

2.1 User Contributions to the Site

From time to time, the Site may provide you with opportunities to contribute to the Site, which may include, but not be limited to, uploading your user profile, event descriptions and promotional imagery, participating in online chat and using bulletin boards. Anything that is contributed to the Site by you or other Site users will be referred to in these Terms as "User Content". TicketSource is not liable or responsible for any User Content. The contributions of third parties do not necessarily represent the view or opinions of TicketSource. TicketSource cannot preview User Content before it appears. Users can be held liable for any illegal or prohibited User Content they provide to the Site, including among other things, infringing, defamatory or offensive materials. If you discover this kind of material on the Site, please notify us by e-mailing us at enquiries@ticketsource.co.uk. We will investigate your claim and may then take appropriate action.

2.2 Links and Search Results

The Site contains embedded links to, and may produce search results that reference or link to, third party sites throughout the World Wide Web. TicketSource has no control over these sites or the content within them. TicketSource cannot guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. TicketSource does not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against TicketSource for any damages or losses, whatsoever, resulting from such action. If you have a problem with a link from the Site, please notify us by e-mailing enquiries@ticketsource.co.uk and we will investigate your claim and take any actions we deem appropriate in our sole discretion.

2.3 Prohibited Content

The following is a partial list of the kind of User Content which is illegal or prohibited on the Site. It includes User Content that:

is patently offensive to the online community, such as User Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
could be harmful to minors;
harasses or advocates harassment of another person;
involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
displays pornographic or sexually explicit material of any kind;
provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

2.4 Offline Conduct

Although TicketSource cannot monitor the conduct of users off the Site, it is also a violation of these rules to use any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any Site user without their prior explicit consent.

2.5 Access and Interference & Multiple Browser Windows

You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained thereon or for any other unauthorized purpose without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not access, reload or "refresh" transactional event or ticketing pages, or make any other request to transactional servers, more than once during any three second interval.

When using the Site please ensure you are using only one browser window. Using multiple browser windows could result in losing your tickets, duplicate charges or timer expiration if you are a Customer; or duplicate listings if you are using the Site on behalf of an Event Organiser.

2.6 Unauthorized Use of the Site

Illegal and/or unauthorized use of the Site, including, but not limited to, unauthorized ticket sales, fraudulent listings of Events by individuals or organizations other than the legitimate Event Organiser; unauthorized framing of or linking to the Site, or unauthorized use of any robot, spider or other automated devise on the Site, will be investigated and appropriate legal action will be taken, including without limitation civil, criminal and injunctive redress.

2.7 Violation of the Terms

You understand and agree that in TicketSource's sole discretion, and without prior notice, TicketSource may terminate your access to the Site, cancel your ticket order or exercise any other remedy available and remove any unauthorized User Content, if TicketSource believes that your conduct, or the User Content you provide, violates or is inconsistent with these Terms, or violates the law or the rights of TicketSource, a client of TicketSource or another user of the Site. You agree that monetary damages may not provide a sufficient remedy to TicketSource for violations of these Terms and you consent to injunctive or other equitable relief for such violations. TicketSource is not required to provide any refund to you if you are terminated as a User because you have violated these Terms or any of TicketSource's rights.

2.8 Copyright Policy

We will terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license express consent, valid defence or fair use exemption to do so. In particular, users who submit User Content to this Site, whether articles, images, stories, software or other copyrightable material must ensure that the User Content they upload does not infringe the copyrights or other rights of third parties (including, but not limited, to trademark, trade secret, privacy or publicity rights). After proper notification by the copyright holder or its agent to us, and confirmation through court order or admission by the user that they have used this Site as an instrument of unlawful infringement, we will terminate the infringing users' rights to use and/or access to this Site. We may, also in our sole discretion, decide to terminate a user's rights to use or access to the Site prior to that time if we believe that an alleged infringement has occurred.

2.9 Disclaimers

TicketSource does not promise that the site will be error-free, uninterrupted, or that it will provide specific results from use of the site or any content, search or link on it. The site and its content are delivered on an "as-is" and "as-available" basis. TicketSource cannot ensure that files you download from the site will be free of viruses or contamination or destructive features. TicketSource disclaims all warranties, express or implied, including also any implied warranties of merchantability and fitness for a particular purpose. TicketSource will not be liable for any damages of any kind arising from the use of this site, including without limitation, direct, indirect, incidental, and punitive and consequential damages. TicketSource makes no guarantee of any specific result from use of this site or use of the TicketSource service.

TicketSource disclaims any and all liability for the acts, omissions and conduct of any third party users, TicketSource users, advertisers and/or sponsors on the site, in connection with the TicketSource service or otherwise related to your use of the site and/or the TicketSource service. TicketSource is not responsible for the products, services, actions or failure to act of any venue, performer, promoter or other third party in connection with or referenced on the site.

Without limiting the foregoing, you may report the misconduct of users and/or third party advertisers, service and/or product providers referenced on or included in the Site to enquiries@ticketsource.co.uk and TicketSource will investigate the claim and take appropriate action.

2.10 Limitation on Liability

In no event will TicketSource be liable to you for any indirect, consequential, exemplary, incidental, special or punitive damages, or for lost profits, revenues or business opportunities, even if TicketSource has been advised of the possibility of such damages.

2.11 Trademarks

TicketSource, TicketSourceToolkit and the Site and design are registered trademarks of TicketSource Ltd. All rights reserved.

Section 3: Customer Purchase Policy

3.1 Currency and Payment Methods

All ticket prices for events that occur in the United Kingdom are stated in Pounds Sterling. TicketSource accepts several methods of payment by credit and debit card to accommodate the needs of our Customers.

3.2 Who You Are Buying From

TicketSource provides the software system and transactional infrastructure by which Event Organisers make their tickets available for purchase online by Customers.

TicketSource merely facilitates the transaction between Event Organisers and Customers. We do not set ticket prices or determine availability or location of seating. We simply handle the booking process and collection of payments on behalf or these Event Organisers when customers purchase tickets online.

3.3 Processing Fees

All Tickets purchased online through TicketSource are subject to a processing fee. This fee is applied per transaction (as opposed to per ticket) and is levied in accordance with the sliding scale outlined below:

Transaction Value	Fee Due

up to £25.00	10%*
up to £35.00	9%
up to £50.00	8%
up to £100.00	7%
up to £250.00	6%
up to £500.00	5%
over £500.00	4%

*minimum fee 50p

This fee is applied to cover the credit/debit card charges that we incur with each transaction; our WorldPay fee; our general overheads and administration costs plus the VAT due on that income. We reserve the right to vary this booking fee structure from time to time.

Event Organisers may elect to have their ticket prices listed on the Site either inclusive or exclusive of the TicketSource processing fee. In either case, the fee due will be deducted from the total amount paid by the Customer in respect of any given Event prior to the transfer of funds arising from that Event to the Event Organiser on the closing of the Booking Period specified.

3.4 Event Listing Processes and Responsibilities

Through use of the TicketSource Toolkit web site, Event Organisers upload data regarding their organization, productions, venues, event dates, ticket prices , preferred fee charging mechanism etc. This data populates the TicketSource sales web site from which the customer can then purchase tickets for listed events.

All details of Events including, but not limited to, performance times, ticket prices and seat availability are entered onto the system by the Event Organiser. The accuracy of all such information is at all times the responsibility of the Event Organiser.

3.5 Pricing Errors

If the amount paid by a Customer for a ticket sold through TicketSource is grossly incorrect; regardless of whether because of an error in a price posted on this web site or otherwise communicated to the Customer; and regardless of whether caused by a transactional malfunction of this web site or other TicketSource operated system or by human error on the part of the Event Organiser; then TicketSource will have the right to cancel that ticket (or the order for that ticket) and refund to the Customer the amount that they paid.

3.6 Ticket Sales Processes

Customers can search the TicketSource sales Site by Production Company or Amateur Society, Venue, Location, Performance Name or Date to navigate to the specific Event in which they are interested. They may then specify;

The Site will then display the payment due for the seats specified. The Customer will then be asked to select their preferred method of Payment and having entered and submitted Credit or Debit Card details, the TicketSource system will charge the Card Issuer the appropriate amount. On completion of the transaction, the chosen seats will be registered in the Customer’s name and they will be sent confirmation of purchase.

3.7 Order Confirmation

Order confirmation will take the form of a summary web page at the end of the purchase sequence. This will be followed by an e-mail dispatched to the Customer. Both will contain details of the seats purchased and a unique purchase reference number, which acts as the Customer’s proof of payment and may be used by the Event Organiser as an e-ticket.

If a Customer does not receive a confirmation number (in the form of a confirmation page or email) after submitting payment information, or if they experience an error message or service interruption after submitting payment information, it is their responsibility to confirm with our Customer Service Department whether or not the order has been completed, as only the Customer may be aware of any problems that may occur during the purchase process. TicketSource will not be responsible for losses (monetary or otherwise) if a Customer assumes that an order was not placed because they failed to receive confirmation.

Any ticket-holder unable to present confirmation of purchase in the form of a print out of the e-mail (or web-page equivalent) and valid identification indicating they are the individual named on the confirmation may not be admitted to the event in question, and will not receive a refund.

3.8 Exchanges and Refunds

Before placing a booking, carefully review your event and ticket selection. Once purchased, tickets cannot be exchanged or refunded unless the Event is cancelled, moved to another date, or if details of the Event are significantly changed after a booking is placed (significant changes being a change of headline act (concerts only), venue or show time).

The varying exchange and refund policies set forth by our Event Organisers prohibit TicketSource from issuing exchanges or refunds after a booking is placed. In the event of such reversal of transaction being desired, you should contact the Event Organiser directly, as they may, at their discretion, agree to your wishes.

3.9 Cancelled and Postponed Events

3.9.1 If an Event is cancelled by the Event Organiser (i.e. a cancellation due to circumstances beyond TicketSource's control), TicketSource will refund the purchase price of your tickets less our booking administration fee; whether that fee was originally presented as a separate item or was included within the stated face value of the ticket.

Where TicketSource has been notified by the Event Organiser of an Event cancellation, we will use best endeavours to contact Customers either by phone, e-mail or in writing (using the details provided at the time of booking) advising them of the cancellation and refund process.

Where TicketSource has not been notified by the Event Organiser of an Event cancellation, you need to notify us by e-mailing cancellations@ticketsource.co.uk within 3 (three) working days of the original stated Event date. This time limit is essential as after that juncture, TicketSource will already have instigated transfer of the funds from your purchase to the Event Organiser's bank account and we will then become unable to reimburse you.

3.9.2 If an Event is moved from its advertised venue and / or the date is changed, tickets already purchased may remain valid should the Customer wish to attend the revised Event. If not, TicketSource will refund the purchase price of your tickets less our booking administration fee; whether that fee was originally presented as a separate item or was included within the stated face value of the ticket.

3.9.3 Should the headline artist not appear or if the line up or content is substantially changed from the advertised line up or content (concerts only), then TicketSource will refund the purchase price of your tickets less our booking administration fee; whether that fee was originally presented as a separate item or was included within the stated face value of the ticket.

3.9.4 Some Event Organisers will explicitly stipulate that cancellation due to weather, act of God or any other unavoidable eventuality, will not result in a refund. If such terms have been applied, they will be displayed on the Site for Customers to read in the course of the booking process and; having been so displayed; shall prevail over the provisions of clause 3.9.1 above, meaning that no refund will be due.

3.9.5 TicketSource will under no circumstances be responsible for any remedy for inconvenience, consequential expenses incurred or any other loss or damages resulting from the cancellation of any Event.

Please note, it is the Customer's responsibility to check whether the Event is going ahead at the scheduled date, time and venue, and TicketSource cannot guarantee that they will inform the Customer of any changes to the event date, time or venue.

We believe that the privacy of all our Users is important, but we place particular emphasis on the privacy of our end Customers. The above Terms of Use are subject to the following Customer Privacy Policy.

Section 4: Customer Privacy Policy

In the following paragraphs, when we refer to "you" or "your", we are referring to any of our end Customers – those being any members of the public who purchase tickets through TicketSource.

4.1 Your Privacy and the Information We Collect From You

In order to operate the Site, conduct ticket purchase transactions, and provide you with information on products and services that may be of interest to you, we collect three classes of information about you:

"contact information" (i.e. information that could be used to contact you such as full name, postal address, phone number and email address as well as your computer's unique IP address (if any)), which is then permanently stored on our database
"demographic information" (e.g. postal code, hometown, gender, purchase history information and age as well as IP addresses that are not unique to your computer) from you, which is also permanently stored on our database
"financial information" (i.e. credit and debit card numbers and bank and other financial institution account numbers) however this information is not permanently stored on our database.

4.2 How We Use your Information

4.2.1 Order and Payment Processing, Customer Service and Quality Assurance.

We use contact information to help us efficiently perform transactions to deliver the services you have requested, to perform quality assurance, sales analyses and other business analyses, and to enable the Event Organiser to contact you in connection with events for which you purchased tickets if necessary. (e.g. event changes and cancellations).

We provide your contact information to Event Organisers, primarily for facilitating ticket pick up, dispute resolution and customer service at the event venue on the date of the event. We may also provide your contact information to your credit card issuer or to credit card processors for their purposes. When you make a purchase through the Site, or register with the Site, you will provide us with an email address where we, or these service providers, may contact you for the purposes described in this paragraph.

4.2.2 Providing Event Organisers with Contact Information.

When you use TicketSource to purchase tickets, you expressly consent for us to provide your email address and other summary contact and payment information to the Event Organisers for your selected event. This information is provided to the Event Organiser to enable them to contact you as and when necessary regarding your purchase. This information is not however provided to the Event Organiser for Marketing purposes.

4.2.3 Contacting You with Offers and Promotions.

After you provide us with your contact details in connection with ordering tickets you will be given the opportunity to specify how that Data is handled. You can request that;

By selecting any of these options you agree that TicketSource (on behalf of itself or other organisations) may send to your nominated e-mail address such promotional e-mails whose content falls within the description/s you have selected, until such time that you indicate a preference not to receive them.

If you have not opted to receive any category of promotional email, then we will not share your contact information with any third parties other than any Event Organiser from whom you actually purchase, and then only to the extent and for the purposes permitted by this Privacy Policy above.

4.3 How We Use Financial Information

We use your financial information to help us efficiently perform sales and other transactions on the Site, to deliver the services you have requested and to perform quality assurance checks. In some cases we may use third party service providers to help us perform some of these tasks and consequently we may provide them with your financial information. In such cases, we will require these service providers to enter into agreements with us regarding the confidential handling of your information. We will also forward your financial information to your credit card issuer, financial institution or credit card processor in order to process transactions and for their other purposes. We may provide a subset of your financial information to Event Organisers, primarily for facilitating ticket pick up, dispute resolution and customer service at the event venue on the date of the event.

4.4 How We Use Demographic Information

We may use your demographic information to perform business analyses or to tailor the Site and communications to your interests. We may share anonymous, aggregated (grouped) demographic information with Event Organisers so that they can tailor their advertisements and communications to the appropriate audience. Any time that we are allowed under this privacy policy to share your contact information or financial information, we may also share your demographic information along with it.

4.5 Information Other Web Sites Collect From You

On the Site, we place links to other web sites operated by other parties including, but not limited to, Event Organisers. Some of these other web sites contain our brand names and trademarks and other intellectual property that we own; others do not. When you click on these links and visit these other web sites, regardless of whether or not they contain our brand names, trademarks and other intellectual property, you need to be aware that we do not control these other web sites or these other web sites' business practices, and that this privacy policy does not apply to these other web sites. Consequently, the operators of these other web sites may collect different kinds of information about you, and may use and disclose that information in different ways than we would if it were collected on the Site. We encourage you to review their privacy policies and advise you that we will not be responsible for their actions.

4.6 Responsibility for Disclosure

TicketSource will not be responsible or otherwise liable for any use or disclosure of your contact, demographic or financial information by a third party to whom TicketSource is allowed to disclose your contact information under this privacy policy.

4.7 Your IP Address

Like most e-commerce web sites, each time you visit the Site, we automatically collect your IP address and the web page from which you came. In order to administer and optimize the Site for you and to diagnose problems with our Site, we use your IP address to help identify you and to gather broad demographic information about you.

4.8 Our Security Precautions; Geographic Location of Information

The Site has security measures in place to help protect against the loss, misuse and alteration of the information under our control. We encrypt your contact information and financial information as it travels over the Internet and use secure socket layer (SSL) technology to help protect the security of transactions.

4.9 Public Areas

The Site may provide you with the opportunity to post information for display in areas of the site that are accessible to viewing by the general public ("public areas"), including, but not limited to, bulletin boards, chat rooms and user-submitted concert or other event reviews. This privacy policy does not apply to any information that you submit for use in public areas. We ask that you do not submit any contact information or financial information for display in public areas, as other people who use the Site will see it. If you submit such information for display in public areas, TicketSource cannot prevent it from being used in a manner that violates the law, your personal privacy or your safety. By submitting such information for display in public areas, you assume the risks and sole liability arising as a result of such information being displayed.

4.10 Limitations on Liability

TicketSource will not be responsible or otherwise liable for any use or disclosure of your contact information, or financial information, by a third party to whom TicketSource is allowed to disclose your contact information under the Privacy Policy.

If you post any User Content to the Site, by electronic mail or otherwise, we will treat it as non-confidential and non-proprietary to you. When we say in these Terms "post" we mean the provision of information (including, but not limited to, "User Content") to the Site through features of the Site that are used to make information available to other members of the public (e.g., user reviews, bulletin boards, chat rooms, etc.). Information that is posted to the Site shall not be subject to the Privacy Policy and may be publicly displayed and disclosed and otherwise used by TicketSource or any third party in any way. By posting User Content to the Site, you authorize us to use or allow others to distribute, reproduce or otherwise use such User Content. You should not post information about yourself on the Site that can be used to identify or contact you, including, but not limited to, your name, home or work address, phone numbers, pagers, email address or other such information. If you post such information, TicketSource cannot prevent it from being used in a manner that violates these Terms, the law, or your personal privacy and safety. By posting such information on the Site, you violate these Terms, and you assume the risks and sole liability for the results of such posting.

TicketSource is not liable for any lost data resulting from the operation of the Site or the enforcement of the Terms. We urge all users to maintain their own back up versions of any User Content or other information they submit to the Site.

Section 5: Service levels for Event Organisers

The following paragraphs relate specifically to the services We provide to the organizations marketing their performances and other events through the TicketSource site/s. ("Event Providers" or "Event Organisers")

5.1 Ticket Sales Management

The ticket sales management functions offered by the Admin Site ("Management Functions") are made available without charge for Event Promtoers and their administrative representatives to keep track of both;

If offline sales are being made from the same block of tickets that have been made available for online sales, it is crucial that the Event Organiser uses the Management Functions of the Site to keep records of their Offline Sales up to date. Otherwise this will result in a discrepancy whereby seats that have already been sold offline will still appear to be available on the Sales Site and therefore could be sold twice.

TicketSource will not be liable for any such discrepancy or its consequences – it is the responsibility of the Event Organiser to use the Management Functions properly to ensure that double booking is avoided.

The alternative mechanism for Event Organisers is to make available two separate allotments of tickets – one for Online Sales and one for Offline Sales.

5.2 Transfer of Funds

Unless otherwise specified by the Event Organiser in the course of registering an Event, the Booking Period for any given Event will be deemed to end on conclusion of the final performance, session or presentation of said event. The online sales for that event will then be totalled and transferred to the Event Organiser’s nominated bank account within 7 (seven) working days of the final performance. The amount transferred will be net of our Fees and any refunds to be made to Customers as a result of cancellation. Where online sales due to the Event Organiser are to be paid by cheque, an administration fee of £2.50 will be deducted from the total amount payable.

If any Event or series of Events is cancelled or postponed, TicketSource will refund the customers directly, and therefore in such instances the funds ultimately transferred to the Event Organiser will be net of online sales for the cancelled or postponed Event/s. If we receive notification of Event cancellation from either Event Organiser or Customer this may delay transfer of funds while confirmation and clarification is sought.

5.3 Limitation on Liability

Whilst we endeavour to ensure that the Site is fully operational at all times, on those occasions when there are interruptions to service due to essential maintenance, system upgrades, internet service interruptions or any other factors outwith our control, TicketSource will not be liable for any indirect, consequential, exemplary, incidental, special or punitive damages, or for lost profits, revenues or business opportunities, even if TicketSource has been advised of the possibility of such damages.