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The Basics
1.1. About this Agreement: This agreement (also known as "this Agreement") sets out the terms of agreement between you (who we refer to here as "you" or "your", which includes any user of this site or our Seatwave Service, including members) and Seatwave Limited ("Seatwave", "we", "us" or "our"), located at Seatwave Limited, 29-35 Rathbone Street, London W1T 1NJ. The "Seatwave Service" means any service provided by us, including the use of our site, buying and/or selling tickets or other items on our site, participating in any of the forums, chatrooms, review services or other community-based services we supply. By using this site or the Seatwave Service in any way, you agree to abide by and be bound by this Agreement. We strongly recommend that you read and understand this Agreement, and in any event by using the Seatwave Service you will be bound by this Agreement.
1.2. Modification:We may need to update this Agreement from time to time, in which case we will post the new version of this Agreement on our site. The Agreement will become effective (in other words binding) on you seven days after it is posted on our site. You will be subject to the terms of the Agreement in force at the time you use this website or buy and sell tickets. Your continued use of the Seatwave Service will mean that you accept the new Agreement as posted.
1.3. Additional Policies: This Agreement also includes some other agreements on our site – the legal jargon for this is that these agreements are incorporated by reference:
[ Privacy Policy ]
[ Help Pages ]
[ FAQ ]
1.4. Buyers and Sellers: We refer to people who buy tickets through Seatwave as Buyers; no prizes for guessing that we call people who sell tickets through us Sellers.
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| 2. |
What’s it all about?
2.1. Who are Seatwave? We are a new force in live entertainment, the place where fans come to buy and sell their tickets and share their enjoyment of the live experience with other fans. Fans who sign up to become members of Seatwave ("Members") can sell tickets to other Members. It’s important to bear in mind that we are a facilitator or a conduit for Members to buy and sell tickets. We don’t own the tickets that Members buy and sell and we are unable to ensure in every case that they complete any transaction.
2.2. Seatwave make no guarantee of any specific results from use of this Site.
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| 3. |
All about Members
3.1. Requirements: In order to use the Seatwave Service, you must have agreed to this Agreement and you must be able to enter into legally binding contracts. If you are under 18 you may only use the Seatwave Services with the involvement of a parent or guardian.
3.2. Registration: In order to use the buy and sell tickets using the Seatwave Service, you will need to register as a Member. You must give us your correct details when you register, including the right name, address and other contact information. If these change at any time, you must let as know as soon as possible.
3.3. Login Details: You will have a username and password allocated to you when you login. You may change the password. It is very important that you keep both secure and don’t give them out to anyone else, especially as you are responsible for any activity undertaken using your username and password. Your username and password are personal to you and may not be transferred to anyone else. You agree not to allow anyone else to access the Seatwave Services using your username and password.
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| 4. |
Selling Tickets
4.1. Listing: As a Seller, the first step to selling your tickets on Seatwave is to list your tickets, so any Buyers out there can see what’s available. When you list your tickets you are required to enter all the relevant information about each ticket you are listing, including the name of the event, the date, the section, seat, row and so on, all in accordance with the information requested during the listing process – don’t forget the price you want for your ticket! You agree to supply the fullest possible information about any ticket you list. When signing up as a Member you must provide a valid credit card or debit card, which should be considered security against the accuracy and completeness of the information you provide about the ticket you list, as well as against any failure to supply a ticket after a Buyer makes an offer to buy that ticket (see "Commitment to Supply", below). If for any reason the ticket is not as you have listed, or you are otherwise in breach of this Agreement, there may be circumstances in which we can debit money from your credit card or debit card, for example if you list a ticket that doesn’t exist, or that you do not own. The credit card or debit card you submit to us must not expire before the date of the event for which you are selling a ticket. For example, if you are selling a ticket for a gig next June, your card must be valid at least until after that gig.
4.2. License: You give us the right to display the tickets you list on our site and on the sites of our partners, by way of a grant of a non-exclusive, transferable, worldwide, royalty-fee and paid-up licence to reproduce, modify, adapt, display and publish the descriptions of your tickets. This is important because it permits us to get your listings seen by potential buyers.
4.3. VAT: If you are selling a ticket with us, you are responsible both for determining whether any VAT is chargeable on your sale of the ticket, and for collecting that VAT – this means in general that you should include any VAT in the price you list with us for any ticket. We’re responsible for any VAT on the commission we charge. We’ll make sure we break this down in any invoices and call it out clearly before you confirm any transaction.
4.4. Pricing: You can list your tickets for sale with us at a fixed price, which should include VAT (see above) but not postage (we will calculate that and add it to the buyer’s shopping cart).
4.5. Seller's Fee: Listing tickets is free, although we do charge a fee for a successful sale of a ticket on our site, which we call a Seller’s Fee. The Seller’s Fee applicable to your transaction will be set out for you to confirm when you list your tickets for sale.
4.6. Commitment to Supply: By listing a ticket with us, you are committing to supply that ticket; in legal terms you are making and communicating an offer to sell that ticket. When a Buyer agrees to buy the ticket, he or she is accepting your offer, and the transaction is binding on the parties and you are required to supply a ticket to the Buyer. If, for any reason, you fail to fulfil on the contract you have entered into in respect of the sale of your ticket to the Buyer, you agree that we can deduct payment from your credit card or debit card, up to the amount it costs us to replace the ticket for the Buyer. You further agree that we can set off any amount you owe us against any monies owing to you that we hold at any time.
4.7. Acceptance of Your Offer to Sell: A Buyer accepting to buy one of your tickets has an enforceable contract to buy that exact same ticket (and no other!). You are then required to send the ticket to the Buyer as soon as possible after receiving the Buyer Consignment Package described below.
4.8. Sending Buyer Details: Shortly after the conclusion of the purchase of a ticket, we will send you a pre-printed letter and envelope (which we call the "Buyer Consignment Package"). You should send the ticket to the Buyer using the Buyer Consignment Package as soon as possible.
4.9. Sending the Ticket to the Buyer: You agree to send the ticket as soon as possible after the receipt of the Buyer Consignment Package, using the delivery method we specify (usually Royal Mail Special Delivery or UPS). You agree to enter the shipping reference number into the relevant part of our Member section, or communicate that number to us in a form we may stipulate from time to time; without this number, the Buyer will not be able to confirm receipt, and you cannot be paid for your ticket.
4.10. Payment: At the point of their confirmation of the transaction, we charge or authorise the amount of the purchase price (plus any commission, VAT, etc.) on the Buyer’s payment card. Payment for the ticket you sold will be forwarded to you as soon as we are satisfied that the ticket was valid and that you delivered the ticket the buyer paid for. In most cases, this will be after the event has taken place.
4.11. Cancellation:In the event that the event for which you have sold tickets is cancelled, you agree to refund to us anything we have paid you for those tickets and you further agree we can set off any amount you owe us against any other monies we may owe you, as set out above in clause 4.6.
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| 5. |
Buying Tickets
5.1. Choosing a Ticket: As a Buyer, you choose a ticket from our listings and, when you’ve found the ticket you want at the right price, you click to buy that ticket, enter and confirm your Member details and credit card information, and confirm the purchase of the ticket. If you’re using a credit card or debit card, credit card or debit card you submit to us must not expire before the date of the event for which you are buying a ticket. For example, if you are buying a ticket for a show next April, your card must be valid at least until after that gig.
5.2. Pricing:We will set out for you the list price of the ticket, the Booking Fee we charge, any VAT on that fee, and postage, to give you a total price. Where we can, we’ll also show the original face price of a ticket, for your information.
5.3. Credit Card Authorisation: You agree to us debiting or authorising the amount of the total ticket purchase price (including commission, VAT, etc.) from your credit card – we’ll confirm to you how much this will be before you confirm the purchase.
5.4. Change in Ticket Details: The promoter of a given event (concert, match and so on) may change the specifics of that event from time to time. As owner of the ticket, you are responsible for verifying the time, date, seating and other specifics of the ticket prior to the event itself. If you become aware that any of the specifics (time, date, venue) of your event have changed, please contact customer service as soon as possible. In the event of a cancellation, you must contact us as soon as you can. Seatwave is not responsible for the actions or failures of any venue, performer or promoter. Whilst all sales are final, Seatwave's exclusive TicketIntegrity guarantee provides for a refund if the event for which you have bought tickets is cancelled or re-scheduled to a date you are unable to attend.
5.5. Seats: Please bear in mind that the actual seat numbers listed with us will be based on information submitted by Sellers. We have no control over the accuracy or completeness of that information, and it is always possible that actual seat numbers and allocations can vary, even from those stated on the ticket.
5.6. Confirmation: Once you receive your tickets, you agree to confirm receipt of the tickets by entering the shipping reference number into the relevant part of the Member section of our site, or by communicating it to us in a way we may stipulate from time to time.
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| 6. |
Your Commitments to Us
6.1. About You: You represent and warrant that the information you have submitted to us in your registration to become a Member and in all other interactions with Seatwave and Members is true, accurate and complete. You agree not to use false names or addresses, or any other false information, in using the Seatwave Services.
6.2. Accuracy and Completeness:Whenever you list a ticket with us as Seller, you represent and warrant that all information you have provided about that ticket is complete and accurate.
6.3. Ownership: You also represent and warrant that you own the tickets themselves, and that you are entitled to list them for sale and to sell them on our site.
6.4. Other Information: During any interaction with the Seatwave Services (including the forums, chatrooms and review services) or any Member you represent and warrant that any information or content you provide to us or any Member:
a) is not fraudulent;
b) is true, accurate and not defamatory, abusive, threatening, misleading or obscene;
c) does not involve the sale or procurement of counterfeit or stolen items;
d) does not infringe any third party’s rights (including copyright, patent, trademark or any other right), be invasive of privacy or otherwise injure third parties;
e) does not infringe any law, regulation or code in your country or that of any corresponding Member (including consumer protection or misleading advertising); and does not breach any applicable Seatwave policies or guidelines;
f) does not contain any virus or other programme that interferes with or seeks to interfere with any computer system or data; and
g) does not contain political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".
6.5. Legal Compliance: You represent and warrant that, during any interaction with the Seatwave Services or any Member, you will comply with all applicable local, regional, national and international laws governing the use of the Seatwave Service and the buying, selling and marketing of tickets. You also represent and warrant that you are 18 or over and therefore able to enter into legally binding contracts.
6.6. Indemnity: You agree to hold us harmless against all losses, liabilities, claims or demands arising out of any breaches of the representation and warranties and assurances in this section 6.
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| 7. |
Things We Don’t Like People Doing
7.1. Listing Tickets You Don’t Have: Please remember that when a Buyer accepts your offer to sell a ticket listed through the Seatwave Services, you’re required to provide that ticket to the Buyer. As a result, we strongly discourage you from listing your tickets on the Seatwave Services and elsewhere simultaneously. If you list tickets for sale that you don’t then supply to a Buyer, we will take measures that could include you being restricted from using the Seatwave Services, as well as charging you for the cost of our replacing those tickets. Seatwave takes this stuff really seriously – if you list tickets for sale and then can’t make good on that contractual commitment, we won’t welcome you back!
7.2. Selling Stolen Property: Selling stolen property is a crime and we will report any such activity to the relevant authorities and permanently ban anyone found selling stolen property using the Seatwave Services.
7.3. Sellers Poaching Buyers: We think we can provide the best service to fans of live events by offering the most transparent and responsive ticket selling service ever created. As a result, we consider it both a bad idea and bad faith for Sellers to attempt to contact Buyers directly and solicit their business away from Seatwave. While we are comfortable that most Buyers will have a better time coming to us for the choice and safety we provide, we don’t want Sellers sending promotional materials to our Buyers, or in any other way trying to deter them from coming back to use us again. This particularly applies to the Buyer Consignment Package, which should be sent directly to the Buyer with only the addition of the tickets.
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| 8. |
The Consequences
8.1. Suspension and Investigations: If we discover any Member behaving badly, we may suspend their account pending an investigation. If you are under investigation by Seatwave, you agree to comply fully with our requests for information about tickets and circumstances surrounding any transactions involving the Seatwave Services.
8.2. Seatwave Actions: We have absolute discretion to take any action in relation to your account or any sales you may have pending, including issuing warnings, suspending or terminating provision of the Seatwave Service to you and any other action we deem suitable, if we consider in our sole opinion that you are:
a) in breach of this Agreement in any way;
b) you do not cooperate with any investigation we instigate as set out above;
c) we can’t verify any information you provide, or it conflicts with other information that we hold; or
d) if in our sole opinion your activity is likely to lead to legal liability for any Member or us. We can suspend any listings or cancel any sales if we believe in our sole opinion that activity connected with that listing or sale is either illegal or in breach of this Agreement.
8.3. Disclosing Information: We reserve the right to inform any relevant authority of any illegal activity conducted by any Member using the Seatwave Services and cooperate fully in the prosecution of any such Member.
8.4. Financial: We reserve the right to deduct the cost of replacing a ticket for Buyers from the credit card or debit card of any Seller that either lists a ticket it doesn’t own or in any other way behaves in a way that leads to a Buyer not receiving the ticket in question in good time for the event to which that ticket relates.
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| 9. |
Contributing to this website
9.1. If you are a Member you may contribute freely to the forums, chatrooms, review services and other community based services we provide. We need to approve any contributions from users who are not Members before allowing such content to be viewed on this website and we reserve the right to refuse to publish content you provide to us on this website for any reason.
9.2. We reserve the right (but not the obligation) to remove or edit any content provided by Members or users.
9.3. If you do contribute content to us and unless we indicate otherwise, you
9.3.1. grant Seatwave a non-exclusive, royalty-free and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
9.3.2. grant Seatwave and its sublicensees the right to use the name that you submit in connection with such content, if we or they choose.
9.4. You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Seatwave, including the execution of deeds and documents, at the request of Seatwave.
9.5. You represent and warrant that you own or otherwise control all of the rights to the content that you contribute. You agree to indemnify Seatwave for all claims brought by a third party against Seatwave arising out of or in connection with a breach of any of the warranties you give above.
9.6. It is not possible for Seatwave to be aware of the contents of each ticket listed for sale, or each comment or content that is displayed. Accordingly, Seatwave operates on a „notice and takedown„ basis. If you believe that any content on, or tickets advertised for sale on, this website contains a defamatory statement, please notify us immediately by emailing us at abuse@seatwave.com. Once you have emailed us, we will make all reasonable endeavours to remove the defamatory content complained about within a reasonable time.
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| 10. |
Limitation of Liability and No Warranty
10.1. We accept liability for any losses you suffer only up to a maximum amount of the value of the tickets plus any VAT which you have paid to the Seller in respect of any transaction. We will not be responsible for any indirect losses including consequential, exemplary, special or punitive damages, including lost opportunities or loss of profits even if Seatwave have been advised of the possibility of such damages. We do not limit our liability at law for death or personal injury caused by negligence, wilful misconduct or breach of statutory duty.
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| 11. |
Ownership of Intellectual Property
11.1. The content and software on this site is the property of Seatwave and/or its suppliers and is fully protected by UK and international worldwide copyright law. You may visit the site and make a copy of pages on this site for your personal non commercial use. You may not without our permission reproduce, edit, publish or transmit this site. You may use the site to purchase tickets for personal use only.
11.2. You may not deep link into the site without Seatwave’s written permission.
11.3. The Seatwave name and logo is a registered trademark of Seatwave and may be used publicly only with Seatwaves prior written permission.
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| 12. |
Other Terms
12.1.We will not be held responsible for any delay or failure to comply with our obligations under this Agreement if the delay or failure arises from a cause beyond our reasonable control.
12.2. If you breach these conditions and we do not take any action against you we shall still be entitled to use our rights and remedies in any other situation where you breach these conditions.
12.3. All notices under this Agreement shall be sent to us by recorded delivery to Seatwave Limited, PO Box 5631, London W1A 2AJ. Any notice sent by email shall only be valid if acknowledged by us in writing.
12.4. This Agreement is governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the non exclusive jurisdiction of the English Courts.
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