IMPORTANT 1 - This Website provides an on-line forum for buying, selling and swapping tickets. The tickets are offered by third parties and not by SwapMyTicket.
IMPORTANT 2 - If you wish to buy, sell or swap tickets via this Website, you must agree to the terms below as the exclusive basis which governs such transactions and must click the "I accept" button before registering. If you do not agree to any of the terms, please do not use this Website.
IMPORTANT 3 - Before listing a tickets item on SwapMyTicket.co.uk, you should carefully read any contracts that you have entered into that may limit your right to sell your ticket on SwapMyTicket.co.uk. Some tickets, such as event tickets, have terms printed on the item that may limit your ability to sell that item. In other cases, you may have signed a separate contract with them. SwapMyTicket.co.uk does not search for tickets that may raise these types of issues, nor can it review copies of private contracts, or adjudicate or take sides in private contract disputes. However, we want you to be aware that listing items in violation of your contractual obligations could put you at risk with third parties. SwapMyTicket.co.uk therefore urges that you not list any ticket until you have reviewed any relevant contracts or agreements for that ticket, and are confident you can legally sell it on SwapMyTicket.co.uk.
We are providing this information to assist you in protecting yourself from liability and trading safely on SwapMyTicket.co.uk. You are responsible for ensuring that your transaction is lawful. If you have any questions regarding your rights under a contract or agreement, we strongly recommend that you contact the company with whom you entered into the contract and/or consult with an lawyer.
THIS AGREEMENT is made between SwapMyTicket.co.ukand you ("the User").
In this Agreement, the following terms shall have the following meanings:-
"Buyer" - an entity which buys a Ticket from a Seller or is the entity receiving a Ticket pursuant to a Swap.
"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 Seller who is offering to sell or swap it.
"Posting" - the ticket(s) advertised by the seller and submitted by the seller to the swap my ticket site.
"Registration Details" - the details which a Buyer or Seller must provide on registering for the Website including physical address, email address, age, bank account and credit, debit or charge card details.
" Sale" - a sale of a Ticket following it being advertised on the Website.
"Seller" - an entity which makes a Sale or provides a Ticket pursuant to a Swap.
"Service" - the provision of the Website as a forum for Sales and Swaps.
"Swap" - an exchange of Tickets by a Buyer and a Seller 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:-
A. 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);
B. in breach of any applicable regulations, standards or codes of practice (notwithstanding that compliance may not be compulsory);
C. to contravene legislation, including without limitation, that relating to weapons, animals or alcohol;
D. might harm SwapMyTicket's reputation.
"User"- either a Buyer or a Seller or swapper.
"Website" - SwapMyTicket's website located at www.swapmyticket.co.uk
"SwapMyTicket"and "SwapMyTicket.co.uk" - Millar Family Trust which is the owner of the Website
2.1 The Seller recognises and accepts that it bears sole responsibility for the content of all Material posted on the Website as provided by the Seller to SwapMyTicket and the Seller hereby indemnifies SwapMyTicket and the Buyer in the event that the Material is Unacceptable Material.
2.2 Swap My Ticket 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 Seller requests its posting) and to remove any Unacceptable Material from the Website.
2.3 Any sellers abusing this site by continually charging over inflated prices will have their postings and site memberships removed at the discretion of SwapMyTicket.
2.4 SwapMyTicket 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 SwapMyTicket 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 Seller's obligations under this Agreement.
2.6 The Seller warrants, represents and undertakes in relation to all Material (including, for the purposes of this Clause 2.4, any Material which it requests SwapMyTicket to post on the Website) that no such Material shall be Unacceptable and that the Seller has obtained full and effective licence(s) from all relevant third parties allowing the Seller to use relevant Material and to permit its dissemination worldwide, that it can convey good title in such Material to the Buyer and the Seller hereby indemnifies SwapMyTicket in respect of any breach of this clause.
2.7 The Seller 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 Seller within any appropriate categories on the Website.
2.8 It is the responsibility of the seller to ensure that it is legal to sell the ticket(s) they have listed on SwapMyTicket website and that it is lawful to sell such tickets to UK residents
2.9 The Seller undertakes to pay all taxes, fees, levies and duties whether for import or otherwise arising in any part of the world in connection with Sales or Swaps of Tickets. Where SwapMyTicket pays any such sums, the Seller undertakes to reimburse such sums to SwapMyTicket immediately on demand.
2.10 The Seller undertakes fully to virus-check all Material supplied to SwapMyTicket pursuant to this Agreement.
2.11 The Seller 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 SwapMyTicket.
2.12 SwapMyTicket is not liable to the Seller in the event that Sale moneys do not reach the Seller or are reclaimed from the Seller because of fraud by the Buyer or for other reasons.
2.13 Where the Seller makes or gives warranties, representations or undertakings to SwapMyTicket under the terms of this Agreement, those warranties, representations or undertakings are also made for the benefit of the Buyer who shall be entitled to rely on them.
2.14 The parties agree that the Seller is the sole author, editor or publisher of the Material published on the Website.
3.1 SwapMyTicket is not liable to the Buyer in the event that the Seller does not have good legal title to the Ticket or is not entitled to transfer it to the Buyer. That is the responsibility of the Buyer.
3.2 SwapMyTicket is not liable to the Buyer in the event that a Ticket is a fake. That is the responsibility of the Buyer.
3.3 SwapMyTicket is not responsible if a Ticket is not delivered to the Buyer. That is the responsibility of the Buyer.
3.4 SwapMyTicket is not responsible for ensuring that a Ticket is transferable or will behonoured by the issuer. That is the responsibility of the Buyer.
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 Title to a Ticket shall not pass to the Buyer until payment has been made in full.
3.7 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, Swap My Ticket is not responsible for any monetary losses.
4.TERMS WHICH APPLY TO BUYERS AND SELLERS
4.1 In registering for this Website, the User must provide accurate Registration details which the User must update after any changes (except age) before using the Website for further transactions.
4.2 The Users information and activities on the SwapMyTicket Site must not be inaccurate, false or misleading; offensive or menacing, abusive, defamatory, be fraudulent or involve the sale of counterfeit or stolen tickets.
4.3 The User hereby warrants to SwapMyTicket that it is at least eighteen years of age and legally able to enter into contracts for the Sale, purchase or Swap of the Ticket.
4.4 All prices quoted on the Website for a Ticket must be inclusive of VAT and any other applicable taxes.
4.5 SwapMyTicket reserves the discretion to withdraw any Material from the Website without prior notice.
4.6 The User's Registration Details and data relating to its use of the Website will be recorded by SwapMyTicket and may be used by SwapMyTicket for marketing purposes or disclosed to third parties for their marketing purposes or in relation to a sale of all or part of SwapMyTicket or otherwise.
4.7 SwapMyTicket may send a small file to the User's computer when it visits the Website.This "cookie" will enable SwapMyTicket to identify the User's computer, track its behaviour on the Website and to identify the User's particular areas of interest so as to enhance the User's future visits to the Website.The cookie will not enable SwapMyTicket to identify the User and SwapMyTicket shall not use it otherwise than in relation to this Website.The User can set its computer browser to reject cookies but this may preclude use of certain parts of this Website.
4.8 The User hereby authorises SwapMyTicket to use any information which it submits to this Website to inform the User of special offers and for other marketing and related purposes and as set out in Clause 4.5 above. SwapMyTicket may also disclose this data if compelled to do so by law, or at the request of a law enforcement agency or governmental authority.
4.9 If the User does not wish SwapMyTicket 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.
4.10 If the User does not want SwapMyTicket to use its email address to send information concerning the Website and related matters, the User should send a message to email@example.com and insert “unsubscribe” as the subject heading.
4.11 SwapMyTicket has appropriate security procedures in place to protect the User's personal information.
4.12 SwapMyTicket reserves the right to suspend or terminate a User's account where, in its absolute discretion, it deems such suspension appropriate.In the event of such suspension or termination, SwapMyTicket will notify the User by email and the User must not seek to re-register either directly or indirectly through a related entity.
4.13 SwapMyTicket shall not be liable for any interruption to the Service, whether intentional or otherwise.
4.14 The user recognises and accepts that they are fully responsible for all actions taken under their chosen User ID and password on completion of registration. The user shall only use or utilise the Site using their own User 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 User ID to any other person or persons and not permit, either directly or indirectly, any other person to utilise their User ID or password.
4.15 For the avoidance of doubt, SwapMyTicket is providing a service not goods.
4.16 SwapMyTicket owns all Intellectual Property Rights in the Website and the Service, including without limitation, the design, text, graphics, the selection and arrangement thereof.
4.17 SwapMyTicket takes reported and actual infringement of Intellectual Property Rights and fraud extremely seriously and whilst Users cannot hold SwapMyTicket liable in relation to such issues, SwapMyTicket requests all Users to report such matters immediately to firstname.lastname@example.org and SwapMyTicket shall inform the appropriate authorities.
4.18 The user should use common sense, caution and practice safe trading when using the SwapMyTicket 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 SwapMyTicket is not responsible for the acts or omissions of users on the Site
4.19 In addition to the terms set out herein, a Seller may wish to make the provision of a Ticket subject to its own terms and conditions.It is up to the Seller to incorporate those terms validly into the contract it forms with the Buyer.However, in the event of any conflict between any terms in the Seller's terms and those set out in this Agreement, the terms of this Agreement shall prevail.
4.20 It is the User's responsibility to conclude the terms of any Sale or Swap. SwapMyTicket will not be involved in or have any responsibillity in respect thereof.
5. LIMITATION OF LIABILITY
5.1 SwapMyTicket is not liable for any indirect loss, consequential loss, loss of profits, revenue, data or goodwill howsoever arising suffered by any User arising in any way in connection with this Agreement, Sales or Swaps or for any liability of a User to any third party.
5.2 Whilst SwapMyTicket 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 User is recommended to take all appropriate safeguards before downloading information or any Material from the Website.
5.3 SwapMyTicket shall not be liable for ensuring that there the Material on the Website is not Unacceptable Material and the Buyer in making any purchase from the Website accepts that it does so exclusively at its own risk.
5.4 SwapMyTicket 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 SwapMyTicket is not responsible for the direct or indirect consequences of a User 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 SwapMyTicket or its appointed agents.
5.7 No matter how many claims are made and whatever the basis of such claims, SwapMyTicket's maximum aggregate liability to a User under or in connection with this Agreement in respect of any direct loss (or any other loss to the extent that such loss is not excluded by Clauses 5.1-5.5 above orotherwise) whether such claim arises in contract or in tort shall not exceed a sum equal to the value of the Ticket in relation to which such claim arises.
5.8 SwapMyTicket is not responsible for the direct or indirect consequences of the User linking to any other website from this Website.
6WARRANTIES AND INDEMNITY
6.1 SwapMyTicket does not represent or warrant that the Material is accurate, complete or current. SwapMyTicket has no liability whatsoever if the Buyer relies on such Material and it proves to be inaccurate.
6.2 Material has not been written to meet the individual requirements of the Buyer and it the Buyer's sole responsibility to satisfy itself prior to entering into a Sale or 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 User hereby agrees to indemnify SwapMyTicket against all liabilities, claims and expenses that may arise from any breach of this Agreement by the User.
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 SwapMyTicket reserves the right to alter its terms of business from time to time.The Effective Date at the time the User is reading these terms is set out at the top of this Agreement. Prior to entering into a transaction, Users should check that the effective date has not altered. If it has, the User 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 SwapMyTicket reserves the right to assign or subcontract any or all of its rights and obligations under this Agreement.
7.5 The User may not assign or otherwise transfer its rights or obligations under this Agreement without SwapMyTicket'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 Users promptly to update SwapMyTicket 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 SwapMyTicket 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 SwapMyTicket 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.
8.COMPETITION RULES AND REGULATIONS
8.1 All competitions on the website are restricted to residents of the United Kingdom, the Channel Islands and the Isle of Man for users aged 18 years or over, except employees of SwapMyTicket Ltd. Proof of eligibility must be provided on request.
8.2 Failure to claim a gift, prize or other promotional item by the time the event takes place or in the manner for the particular promotion will make any claim invalid. Winners must claim their prize within 30 days after receiving an email confirmation or that prize may be passed on to a runner-up. No responsibility is accepted for entries damaged, lost or mislaid and proof of posting/texting or emailing will not be accepted as proof of delivery or receipt of competition entry. No applications will be accepted by agents or from third parties.
8.3 The decision of SwapMyTicket Ltd shall be final and no correspondence or discussion will be entered into. SwapMyTicket LTD reserve the right in their reasonable discretion: (a) to disqualify any claimant, competitor or nominee if they fail to follow the above terms and conditions (b) to declare as void any claims or entries resulting from any typing, production and/or distribution errors or where there has been error(s) in any aspect of the preparation for or conduct of the promotion materially affecting the result of the promotion or the number of claimants or the value of claims.
8.4 Gifts, prizes and other promotional items are not transferable, may not be re-sold and are subject to availability. SwapMyTicket Ltd reserve the right in their reasonable discretion to substitute any such gift, prize or item with a gift, prize or item of equal value.
8.5 SwapMyTicket will notify the winner(s) by email and the prize, gift or promotion will be send via post to the winners address which was submitted to the SwapMyTicket website via registration. SwapMyTicket holds no responsibility if the address submitted through registration is invalid or a mistake has been made.
8.6 All entries must be made available if requested for the checking or verification of any claim. Unless otherwise stated in any Specific Rules, promotion entries will not be returned you. Where relevant, you agree upon SwapMyTicket Ltd’s request to assign any and all rights subsisting in any entries you make to a promotion.
8.7 In relation to prize draws and competitions, the prize winner(s) will be chosen from all qualifying entries at random by SwapMyTicket Ltd or as otherwise stated on the competition page on the website . The prize winner(s) will be chosen within 7 days of the competition closing date.
8.8 Winners may be requested to take part in promotional activity and SwapMyTicket Ltd reserves the right to use the names and email addresses of winners, their photographs, audio and/or visual recordings of them and any media submitted by them in relation to any SwapMyTicket.co.uk future promotion and publicity. Winners must co-operate fully for publicity purposes if so required.
8.9 SwapMyTicket reserves the right, but not the obligation, to screen, filter and/or monitor information provided by you
8.10 SwapMyTicket competitions are governed by English Law.
8.11 Please address all queries relating to competitions to email@example.com and entering ‘competition’ in the subject heading.
9.LIVE REVIEW RULES AND REGULATIONS
9.1 All reviews submitted by SwapMyTicket members and/or SwapMyTicket users are all published on a non-payment basis. SwapMyTicket does not pay for any reviews submitted.
9.2 All reviews submitted must be the senders original work. By submitting any reviews to SwapMyTicket by email the sender agrees to all terms and conditions of SwapMyTicket.co.uk and also agrees that the review submitted is their own work that has not been copied part or otherwise from any other source.
9.3 SwapMyTicket accepts no responsibility for the content of any published reviews written by members. All work submitted by non-employees of SwapMyTicket are strictly the views of the individual and not that of SwapMyTicket.
9.4SwapMyTicket retains the right to alter any review submitted.
9.5 All reviews will remain on-line at swapmyticket.co.uk until SwapMyTicket Ltd decides to de-activate the review and remove it from the website. If you wish to have your review removed once published on-line send an email to firstname.lastname@example.org with 'remove review' in the subject heading.
9.6 All reviews submitted are soley for SwapMyTicket.co.uk. SwapMyTicket will not sell or pass on any reviews submitted by members/users to other companies and/or websites.
TERMS AND CONDITIONS EFFECTIVE FROM JANUARY 2007
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