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Terms of Service

Disclaimer of Warranties and Assumption of Risks by You

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The Services are provided on an “as is” and “as available” basis. Ticket Owl disclaims all warranties of any kind, expressed or implied, including, but not limited to implied warranties of title, non-infringement, and fitness for a particular purpose. For example, Ticket Owl makes no warranty that (1) the Services (or any portion of the Services) will meet your requirements or expectations; (2) the Services will be uninterrupted, timely, secure, or error free, or (3) the results that may be obtained from the use of the Services will be accurate or reliable. 

 

You acknowledge and agree that Ticket Owl does not have control over and can not guarantee the safety, legality, accuracy, or quality of any event or Content associated with an event, the truth or accuracy of any information provided by Users (including the Consumer’s personal information shared with Organizers in connection to events) or the ability of any User to perform or actually complete a transaction. 

 

You fully understand and agree that some events may carry inherent risks, and by participating in those events, you choose to assume these risks. For example, some events may carry risk of illness, injury, disability, or death, and you freely and willfully assume those risks by choose to participate in those events. 

 

The foregoing disclaimers apply to the maximum extent permitted by the law. You may have other statutory rights.

 

You understand and agree that some events may carry inherent risk, and by participating in those events, you choose to assume those risks voluntarily. For example, some events may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those events.

 

The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, will be limited to the maximum extent permitted by law.

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Your account

On sign up you are immediately able to set up your event, create tickets for your event and, subject to having set up an account with a Payment Processor, sell tickets for your event.

You must be 18 to set up an account.

 

You can add Credits or make changes to your account in accordance with the functionality available in your account dashboard. You may close your account at any point in time: 72 hours notice is required to close your account. You should make sure that you have taken a copy of any of Your Content that you wish to retain before closure of your account is effective by using the export functionality in your account dashboard. Your Content will be deleted after closure of your account.

 

For your convenience we will keep your account open for 24 months after your last sign in, in case you decide to use our Service again. Prior to closing your account and deleting Your Content in your account, we will attempt to send warning emails to your account email address so that you have an opportunity to keep your account open or export any data that you wish to retain.

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Payment Processors

Our Service allows you to take payments for your events from Ticket Buyers online using payment processors with whom we have partnered: Stripe Inc.

 

In carrying out certain functions, the Payment Processor acts as a data processor to both you and us but in other respects it acts as controller. Payment Processor activities carried out as controller are carried out in accordance with the Payment Processor’s own privacy policy. By using our payment service, you acknowledge and agree to us sharing personal information and/or information about your transactions made via our Service with the Payment Processor. 

 

If we receive notice from the Payment Processor that your use of our payment service is in breach of their terms or of any agreement between you and them, you and us or you and a Ticket Buyer or appears fraudulent, in breach of money laundering regulations or is part of other harmful activity, we may take actions including, but not limited to, those necessary to rectify your breach, removing your ability to use our payment service and/or the suspension or termination of your account. The Payment Processor reserves the right to refuse the use of its payment services to anyone, for any reason, and at any time.. 

 

See the Stripe terms and conditions: https://stripe.com/gb/ssa

 

See the Stripe privacy policy: https://stripe.com/gb/privacy 

 

We have no responsibility for, and hereby disclaim all liability (including, but not limited to) any losses, costs, fees and penalties of whatever nature arising from the service provided to you by the Payment Processor, including the acts and omissions of the Payment Processor.

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Account Security

You are responsible for maintaining the confidentiality of your account, and are fully responsible for all activities that occur as a result of access to your account using your access credentials. 

 

Where we have given you (or where you have chosen) a password or API key which enables you to access your account, certain parts of our website or apps, or you have invited team members to access your account, parts of our site or apps, you are responsible for keeping this password or API key confidential. You should not share a password or API key with anyone. 

 

You agree to immediately notify us by emailing info@ticketowl.io of any unauthorised use of your password, API key or account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this provision.

 

Transmission of information via the internet is not completely secure. We cannot guarantee the security of your data transmitted to our site and any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

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Our fees

The fees for using our Service are set out on our website and are charged on a usage basis. A chargeable use or activity is the sale of a ticket, the reservation of a seat or other chargeable activity that we make available through the Service (an “Activity”). 

 

Pay as you go fees will be charged to you by:

 

  • By being deducted and paid to us by the Payment Processor when a Ticket Buyer makes payment to you

 

We will send you a monthly statement and invoice by email showing all fees and applicable taxes you have paid or are payable to us.

 

Our fees are non-refundable, in any and all circumstances, even if an event is cancelled.

 

Event Organisers may issue free tickets on our platform and incur no fee on the ticket sale.

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Event Organiser content and Acceptable Content Standard

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As between you and us, you own all rights in and have responsibility for ensuring the legality, reliability, integrity, accuracy and quality of all content (which may include, text, pictures, information about your event, event reviews, comment) which you upload to our Website (“Your Content”). By uploading Your Content, you grant us an unconditional, non-exclusive, transferrable, royalty-free, worldwide license to use Your Content in any manner necessary for the provision of the Service.

 

You have options within your account dashboard to manage whether your events are published to search engines or are kept private. Where an event is not private, you grant us an unconditional, non-exclusive, royalty-free, worldwide license to further use Your Content to promote our Service.

 

You must comply with the following Acceptable Content Standards when submitting Your Content to our Website:

 

  • You must ensure Your Content is accurate and complies with applicable law in any country from which it is posted; and

  • You must not use our website to collect content from Ticket Buyers or event attendees which you do not need, for example, Ticket Buyer card details (these should only be collected by the Payment Processor), Ticket Buyer government or social security numbers, Ticket Buyer passwords or any other excessive or unnecessary personal data, in particular special category data being information revealing racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership, physical or mental health conditions, sexual life, sexual orientation, biometric or genetic data. This provision does not prevent you from collecting special category data to the extent this is necessary for your event eg to allocate seating for people with disabilities.

  • Your Content must not:

    • be unlawful, harmful, threatening, defamatory, obscene, deceitful, fraudulent, infringing, harassing, morally repugnant or racially or ethnically offensive;

    • facilitate illegal activity;

    • depict sexually explicit images;

    • promote violence;

    • be discriminatory based on race, sex, religion, nationality, disability, sexual orientation or age;

    • infringe any copyright, database right, trade mark or any other intellectual property right of any other person; or

    • conceal identity or be likely to deceive any person.

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We may remove Your Content from our Website and Service where, in our sole opinion, it violates our Acceptable Content Standards. We reserve the right to suspend or terminate your access to the Service if you materially breach our Acceptable Content Standards, to seek reimbursement from you of any costs we incur resulting from your breach and to disclose information to law enforcement authorities as required or as we deem reasonably necessary.

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Intellectual property rights


We are the owner or the licensee of all intellectual property rights in the Service, the website, and in the material published on it (other than Your Content) and any necessary software used in connection with the Service (“Software”). These works are protected by copyright laws and treaties around the world. All such rights are reserved. Except as expressly authorised by us, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, the website or the Software, in whole or in part.


You acknowledge that we will collect data on your use of our website and Service for performance and service analysis. You grant us a world-wide, royalty-free, non-exclusive, perpetual license to use non personally identifiable information from such data for the purposes of our business.
 

Disclaimer

While we endeavour to ensure that the Service is available 24 hours a day, we do not guarantee the availability of the Service and shall not be liable if for any reason the Service is unavailable at any time or for any period.


Access to the Service may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.


We do not warrant the accuracy and completeness of the material on the website. We may make changes to the material on the website, or to the functionality of the Service, at any time without notice. The material on the website may be out of date, and we make no commitment to update such material.


We will provide the Service with reasonable care and skill. The Service and the material on the website is provided “as is” and except for the warranties contained in these Terms, to the maximum extent permitted by law, we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions of satisfactory quality and fitness for particular purpose).
 

Liability

We are not a party to any transactions, other relationships, or disputes between you and Ticket Buyers or you and event attendees. Furthermore, we do not pre-screen Ticket Buyers and are not responsible for any fraudulent transactions by Ticket Buyers. We exclude any and all liability arising out of any actions that we may take in response to breaches of our Acceptable Content Standards and these Terms. You agree to indemnify us and our officers, directors and partners from any cost, claim or demand, including reasonable legal fees:

 

  • in relation to any dispute(s) with one or more of your Ticket Buyers and/or your relationship with Ticket Buyers and event attendees; and

  • made by any third party due to or arising out of Your Content and your use of the Service. You are solely responsible for your actions when using the Service.

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Nothing in these terms shall limit or exclude our liability for (a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors; (b) fraud or fraudulent misrepresentation; or (c) any other matter in respect of which it would be unlawful for us to exclude or restrict liability. Subject to this:

 

  • we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of income or any indirect or consequential loss arising under or in connection with the provision of our Services; 

  • And our total liability to you for all other losses arising under or in connection with the provision of our Services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to $100 CAD.

 

Nothing in these Terms seeks to limit or exclude consumers’ legal rights.

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Subject matter of processing

The processing of Customer Data to the extent necessary for the provision of the Service to you.

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Duration of the processing

The period of time during which you continue to use the Service and the longer of such additional period as: 1. Is specified in any provisions of these Terms regarding data retention; and 2. Is required for compliance with law.

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Nature and purpose of the processing

The nature of the data processing is the provision of cloud based service to allow Event Organisers to manage the sale of tickets and associated services of their events. The purpose of the processing is to provide the Service to the Event Organiser.

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Personal information types

The personal information processed under these Terms will depend on the personal information that Event Organisers choose to collect from Ticket Buyers and event attendees. Event Organisers must make sure that they comply with our Acceptable Content Standards in collecting personal data. Personal data is likely to include: name, home address, email address, telephone number and limited details relating to card payments. It may also include certain special category data if the collection of such data is required in relation to an event.

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