Terms and Conditions
If you are a venue please go to the Venue terms and conditions
Consumer terms and conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (“Products”) and /or services (“Services”) listed on our website www.myticketpod.com (our site) to you.
Products/Services in this instance for individual consumer(s) (“the customer(s)”) mean: ticketpod, site membership and e-tickets, which are more fully particularised in Schedule 1 below.
In particular we draw your attention to the following terms and conditions contained within the consumer terms of website use, the consumer acceptable use policy and the privacy policy which together with this document constitute our agreement.
Please read these terms and conditions carefully before ordering any Products and/or Services from our site. You should understand that by ordering any of our Products and/or Services, you agree to be bound by these terms and conditions. IN PARTICULAR PLEASE READ OUR CONDITIONS ON INDEMNITY AND LIABILITY.
You should print a copy of these terms and conditions for future reference.
Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products and/or Services from our site.
1 INFORMATION ABOUT US AND USE OF YOUR INFORMATION 1.1 www.myticketpod.com is a site operated by myticketpod.com® (we). Our main trading address is 77 Addison Road, Rugby Warwickshire CV22 7DA.
1.2 We are registered under the Data Protection Act 1998 and in using our website and buying our Products and/or Services you agree to our Privacy Policy. Please also read condition 21 below.
2 SERVICE AVAILABILITY Our site is only intended for use by people resident in England, Scotland, N Ireland and Wales. We do not accept orders from individuals outside those countries.
3 YOUR STATUS By placing an order through our site, you warrant that:
3.1.1 You are legally capable of entering into binding contracts;
3.1.2 You are resident in England, Scotland, N Ireland or Wales; and
3.1.3 You are an individual consumer.
4 HOW THE CONTRACT IS FORMED BETWEEN YOU AND US 4.1 After placing an order, you may receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product and/or Service. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product and/or Service has been dispatched and/or activated (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation-i.e. our acceptance of your offer. Any information provided by us online or otherwise shall be considered as an invitation to treat only and/or representation and not as contractual terms and/or conditions.
4.2 The Contract will relate only to those Products and/or Services whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products and/or Services which may have been part of your order until the dispatch of such Products and/or Services has been confirmed in a separate Dispatch Confirmation.
4.3 The Contract will be concluded in English.
4.4 In providing you, the customer, with the Products and/or Services as stated in Schedule 1 you agree that:
4.4.1 The value of the ticketpod (“Pod”) license issued to you is 0.0001p;
4.4.2 Once you have purchased a Pod license a Pod refund cannot be given;
4.4.3 The pricing and full Product and/or Service specifications are as stated in Schedule 2;
4.4.4 Your access to the site is subject to these terms and conditions as well as the consumer terms of website use;
4.4.5 When you send your application form to us together with proof of your personal identification you do so at your own risk as we will not be liable to you for loss of any letter sent to us by post. You should ask the advice of Royal Mail and your local post office/courier company as to the safest means of delivery which may mean courier or recorded delivery/registered post together with insurance.
4.4.6 When we return the proof of your personal identification (see Schedule 3 concerning the specifications of identification we can accept) you have sent us we will return to the address you provide on your application form together with your Pod and will send by second class post unless you have requested and paid for Royal Mail Special Delivery as offered on the application form.
4.4.7 During the time we retain possession of your personal identification documentation we will take reasonable skill and care to ensure the information you have provided is kept safely though no absolute guarantee can be provided.
4.4.8 You will not reveal your personal log in code to any other person or party without our prior written consent. Failure to conform to such practise may mean civil and criminal legal proceedings being taken against you and the other party for which you will indemnify us and any third parties associated with us in full.
4.4.9 You will not lend, sell, swap or otherwise compromise the integrity of your personal log-in details. You agree that log in codes are not transferable and such transfer by you will entitle us to terminate the agreement and to retain the purchase price paid by you.
4.4.10 You will safeguard log in codes and agree that replacement codes will not be generated by us at any rate exceeding one per day.
4.4.11 Should your Pod become lost, stolen or damaged in any way you must cancel your Pod using your personal part of our site. You will then have the opportunity to re-order a new Pod using your personal part of our site. We will then send your replacement Pod to you.(until you have received your replacement Pod you will not be able to use the Services previously purchased and you will forfeit any such services). You agree that we may charge you a reasonable administration fee for this Service as stated in Schedule 2. When you have cancelled your Pod you will no longer be able to order Services from our site until you have ordered and paid for and received your replacement Pod. If you fail to order a replacement Pod within three months we will cancel your membership to our site. If at a later date you then re-apply for a new Pod you will still be charged the replacement Pod fee.
4.4.12 The Pod remains our property and that we grant you a conditional restricted use license to use the Pod under these terms and conditions. You agree that we may demand return or destruction of the Pod at your expense at any time. You warrant that you will follow our reasonable instructions in terms of use and return the Pod, failing which we may seek a full indemnity from you for all damages, costs, claims, expenses and charges whether direct or indirect and consequential in nature as a result of such warranty being breached by you.
4.4.13 In the event of cancellation of your Pod by you or us you will lose all Services held on the Pod. No refunds of any kind are offered.
4.4.14 You have no right for refund where you fail to attend a prepaid event for whatever reason such as illness, lateness or change of mind. However on rare occasions through the kind discretion of the venue management in good faith we may be asked to offer you an alternative event, venue, date or refund and if so asked by the event management we may in certain circumstances be able to communicate this to you which you shall either accept or reject. Regrettably we are unable to enter into protracted communications with you. In the event that this alternative solution does not satisfy you may take the matter up directly with the venue management.
4.4.15 You understand and accept the right of venue management to refuse entry to their premises on dress code, behavioural or other issues in which circumstances no refund can be given.
4.4.16 You understand and accept we have no right to influence or affect the absolute right of management to grant or deny entry to a venue and that any e-booking made by you through our site is conditional on you accepting this principle and legal right.
5 OUR STATUS 5.1 Please note that in some cases, we may accept orders as agents on behalf of third party sellers-typically venues. The resulting legal contract in these cases is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction.
5.2 We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products and/or services you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
6 CONSUMER RIGHTS 6.1 You may cancel a Contract at any time within seven working days (subject to certain important exceptions where the Service has been completed for instance) beginning on the day after you received the Products and/or the Services have been concluded subject to the exceptions below. In this case, you will receive a full refund of the price paid for the Products and/or Services in accordance with our refunds policy (set out in clause 6.3 below). For the avoidance of doubt this means the Products and/or Services as described in this contract and not the third party costs relating to attending the venue event itself.
6.2 To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately if you are dealing with physical Products, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
6.3 You will not have any right to cancel a Contract for the supply of any of the following Products and/or Services:
We have a strict no refund or exchange policy for any of our e-booking Services-i.e. tickets or reservations an activated Pod (your Pod will be deemed activated once you make your first booking and receive your Dispatch Confirmation)
Services which have either begun or been performed with your agreement before the end of the seven day cancellation period and the receipt of your note of cancellation.
7 AVAILABILITY AND DELIVERY 7.1 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
8 RISK AND TITLE 8.1 The Product will be at your risk from the time of delivery.
8.2 Ownership of the Product will be retained by us at all times though we grant a non-exclusive license to you for its limited use by you in accordance with these terms and conditions. Such a license is non assignable and any Pod or rights issued to you may not be transferred to any third party whatsoever.
9 PRICE AND PAYMENT 9.1 The price of any Products and/or Services will be as quoted on our site and/or below in Schedule 2 from time to time, except in cases of obvious error.
9.2 These prices may or may not include VAT and any relevant delivery costs which will be added to the total amount due as set out in Schedule 2.
9.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
9.4 Our site contains a number of Products and/or Services and it is always possible that, despite our best efforts, some of the Products and/or Services listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's or Service’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product and/or Service to you(give you a reduction) wherever reasonably possible. If a Product’s and/or Service’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product and/or Service(to give you the option to pay the increased price),or reject your order and notify you of such rejection.
9.5 We are under no obligation to provide the Product and/or Service to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
9.6 Payment for all Products must be by credit or debit card. We accept payment with Visa, Mastercard, Electron, Maestro, JCB and American Express. We will not charge your credit or debit card until we process and/or despatch your order.
10 OUR REFUNDS POLICY 10.1 When you return a Product to/cancel a Service with us:
10.1.1 Because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 6.1), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, excluding the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
10.1.2 For any other reason no refund will be possible.
10.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
10.3 In particular where you have purchased a venue event ticket or reservation from a third party this refunds policy will not apply to the e-booking ticket purchased. In this event you should contact the third party directly to enquire under their refunds policy whether you have any redress.
11 LIABILITY AND INDEMNITY 11.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied. Likewise services provided will conform to all implied conditions under the Sale of Goods and Services Act 1982.
11.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product and/or Service you purchased as detailed in Schedule 2. In the unlikely event that this clause is deemed void and unenforceable at law in the alternative the higher of the annual fee and £100 shall apply.
11.3 You agree you have agreed to this limit which you accept is fair and reasonable taking into account the following: your ability to insure yourself, the low price offered which would otherwise be higher were we not to agree to such a price quoted, your own proportionate liability and responsibility to mitigate your losses, your ability to find alternative venues and/or to pay in cash at the venue itself, your ability to use alternative third party suppliers and solutions and your ability to obtain independent legal advice.
11.4 This does not include or limit in any way our liability:
11.4.1 For death or personal injury caused by our negligence.
11.4.2 Under section 2(3) of the Consumer Protection Act 1987 where you act as a consumer;
11.4.3 For fraud or fraudulent misrepresentation; or
11.4.4 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
11.4.5 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of income or revenue or opportunity, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable by or in the contemplation of the parties.
11.4.6 Where you buy any Product and/or Service from a third party seller through our site (such as with a venue), the seller's individual liability will be set out in the seller's own terms and conditions which you can request direct from the third party.
11.5 Without prejudice to any other right which we may have, you shall indemnify and defend us and our employees, agents, successors and assigns from and against all claims, demands, damages, fines, liabilities, costs and expenses (including management and all legal costs) that arise out of:
11.5.1 breach of any warranty in relation to the Products and/or Services;
11.5.2 breach by you of any term of the agreement;
11.5.3 negligence for which you are responsible in relation to Products and/or Services;
11.5.4 any infringement or alleged infringement of Intellectual Property Rights or any other rights whatsoever of any other person arising in connection with Products and/or Services (whether occurring by manufacture, importation, purchase, use, resale or otherwise);
11.5.5 financial or economic loss; or
11.5.6 special, indirect or consequential losses,
12 TERMINATION 12.1 You agree we may terminate this agreement with you by giving you:
12.1.1 14 days written notice at any time at the discretion of our management whose decision shall be final and conclusive.
12.2 We shall be entitled to terminate this agreement immediately without liability by giving notice in writing at any time if you:
12.2.1 become bankrupt or;
12.2.2 have a receiver, administrative receiver, administrator or similar officer appointed over any of your property or assets, or documents are filed at court or any action taken in relation to the appointment of an administrator;
12.2.3 are unable to pay your debts as they fall due; or
12.2.4 suffer the occurrence of an event equivalent or similar in effect to any of the above events in any other jurisdiction.
12.3 We shall be entitled to terminate this agreement immediately without liability by giving notice in writing at any time if:
12.3.1 acting reasonably we believe that any of the events mentioned above is about to occur and notify you accordingly; or
12.3.2 you fail to fulfil or comply with any of your obligations under the relevant agreement and such failure is not remediable, or where such failure is remediable you have failed to remedy such failure within 7 days of written notice from us specifying the failure and requiring its remedy.
12.4 The termination of any agreement under these Conditions shall be without prejudice to either party’s rights then accrued arising from such agreement or any breach thereof and to any provision of such agreement which is expressly or by implication intended to survive such termination.
13 WRITTEN COMMUNICATIONS Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail by the address you provide and/or provide you with information by posting notices on our website and/or in your personal inbox on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
14 NOTICES All notices given by you to us must be given to myticketpod.com® at administrator@myticketpod.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent to the e-mail address above, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee with sent receipt acknowledged.
15 TRANSFER OF RIGHTS AND OBLIGATIONS 15.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
15.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
16 EVENTS OUTSIDE OUR CONTROL 16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
16.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
16.2.1 Strikes, lock-outs or other industrial action.
16.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
16.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
16.2.4 Electrical, electronic, telecommunication, telephone, server or website failure.
16.2.5 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
16.2.6 Impossibility of the use of public or private telecommunications networks.
16.2.7 The acts, decrees, legislation, regulations or restrictions of any government.
16.2.8 Impossibility of the use of public or private internet networks.
16.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
17 WAIVER 17.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
17.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
17.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14.
18 SEVERABILITY If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
19 ENTIRE AGREEMENT 19.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
19.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
19.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently or by deceit) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
20 OUR RIGHT TO VARY THESE TERMS AND CONDITIONS 20.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
20.2 You will be subject to the policies and terms and conditions in force at the time that you order Services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within two working days of receipt by you of the Services).
21 DATA PROTECTION AND PRIVACY 21.1 In relation to all personal data, we shall at all times comply with applicable law as a data controller if necessary, including maintaining a valid and up to date registration or notification. “Personal data” and “data controller” have the meanings given to them in the Data Protection Act 1998.
21.2 We shall only process personal data in accordance with instructions from a consumer and shall not transfer any personal data to any country or territory which is not an EEA State.
21.3 We shall use appropriate technical and organisational measures to prevent unauthorised or unlawful processing of personal data and accidental loss or destruction of, or damage to, personal data. We shall supply on written request from a consumer details of such technical and organisational methods.
22 LAW AND JURISDICTION Contracts for the purchase of Products and/or Services through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales.
23 SURVIVORSHIP CONDITIONS 3,4,6,8,9,10,11,17,18 AND 19 AND THIS CONDITION SHALL SURVIVE TERMINATION OF THE AGREEMENT INCORPORATING THEM.
Schedule 1-Products and/or Services for the individual consumer
- “Products” mean "the provision of a ticketpod, ticketpod license (as defined in this agreement), and e-tickets”
- “Services” mean “membership to our site”
Schedule 2-prices for the individual consumer
- The administration cost for the ticketpod is £2.00
- The cost for the myticketpod® license is 0.0001p
- The cost for a replacement Pod is £2.00
- The cost for updating your photograph is £2.00
- The cost for Royal Mail Special Delivery is £6.50
Schedule 3-identification schedule
- Original documents only will be accepted. Applications supported with copies will not be processed.We accept the following proofs of identification only
- Photocard Driving Licence
- Valid Passport
- Citizen Card
- Validate UK Card
- Connexions Card
- Portman Group Card
Consumer acceptable use policy
This acceptable use policy sets out the terms between you and us under which you may access our website www.myticketpod.com (our site). This acceptable use policy applies to all users of, and visitors to, our site.
Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our consumer terms of website use. www.myticketpod.com is a site operated by myticketpod.com® (us).
PROHIBITED USES You may use our site only for lawful purposes. You may not use our site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards below.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to reproduce, duplicate copy or re-sell any part of our site in contravention of the provisions of our consumer terms of website use.
- Not to access without authority, interfere with, damage or disrupt:
- any equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.
CONTENT STANDARDS These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
- Comments/Contributions must:
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in the UK and in any country from which they are posted.
- Comments/Contributions must not:
- Contain any material which is defamatory of any person/organisation.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made by an advertiser of services directly or indirectly to boost apparent popularity or for any purpose whatsoever-unless they have obtained our prior written consent.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only)copyright infringement or computer misuse.
SUSPENSION AND TERMINATION We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of the consumer terms of website use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use our site.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis. (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities and to third parties suing us by way of court order for postings made by you as we reasonably feel is necessary.
We exclude all liability for actions taken in response to breaches of this acceptable use policy. In the unlikely event that this clause is deemed void by a court of law the maximum sum we are liable to you is limited to the cost of the transaction in question or membership where none (whichever is higher) or the annual value of your advertising package (if an advertising venue). In the unlikely event this is deemed unreasonable it will be limited in any event to £250 which you agree is reasonable taking into account your own responsibilities, legal advice taken (or ability to so take) and ability to insure. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
CHANGES TO THE ACCEPTABLE USE POLICY We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.
Consumer terms of website use
CONSUMER TERMS OF WEBSITE USE This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website www.myticketpod.com (our site), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.
INFORMATION ABOUT US www.myticketpod.com is a site operated by myticketpod.com® ("We"). Our main trading address is 77 Addison Road, Rugby Warwickshire CV22 7DA.
ACCESSING OUR SITE Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
INTELLECTUAL PROPERTY RIGHTS We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
RELIANCE ON INFORMATION POSTED Information and other materials posted on our site are not intended to amount to advice on which reliance should be placed. In terms of confirming dates, times and venues for instance users are always advised to contact the venue or host directly as we rely on the venue posting the information correctly and cannot be responsible for errors or omissions they have made. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor or any third party to our site, or by anyone who may be informed of any of its contents.
OUR SITE CHANGES REGULARLY We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
OUR LIABILITY The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site(including without limit loss of opportunity, loss of enjoyment, disappointment costs, additional travel or other related indirect costs) or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time;
and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
TRANSACTIONS CONCLUDED THROUGH OUR SITE Contracts for the supply of services formed through our site or as a result of visits made by you are governed by our consumer terms and conditions.
UPLOADING MATERIAL TO OUR SITE Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our consumer acceptable use policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our consumer acceptable use policy.
VIRUSES, HACKING AND OTHER OFFENCES You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
LINKING TO OUR SITE You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our consumer acceptable use policy.
If you wish to make any use of material on our site other than that set out above, please address your request to administrator@myticketpod.com.
LINKS FROM OUR SITE Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
JURISDICTION AND APPLICABLE LAW The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms of use are governed by English law.
VARIATIONS We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.
YOUR CONCERNS If you have any concerns about material which appears on our site, please contact administrator@myticketpod.com
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Venue terms and conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (“Products”) and /or services (“Services”) listed on our website www.myticketpod.com (our site) to you.
Products/Services for advertising venue business(es) (“the venue(s)”) mean: Advertising space and e-ticket sales, which are more fully particularised in Schedule 1 below.
In particular we draw your attention to the following terms and conditions contained within the venue terms of website use, the venue acceptable use policy and the privacy policy which together with this document constitute our agreement.
Please read these terms and conditions carefully before ordering any Products and/or Services from our site and/or representative. You should understand that by ordering any of our Products and/or Services, you agree to be bound by these terms and conditions. IN PARTICULAR PLEASE READ OUR CONDITIONS ON INDEMNITY AND LIABILITY.
You should print a copy of these terms and conditions for future reference.
Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order or use any Products and/or Services from our site.
1 INFORMATION ABOUT US AND USE OF YOUR INFORMATION 1.1 www.myticketpod.com is a site operated by myticketpod.com®(we). Our main trading address is 77 Addison Road, Rugby, Warwickshire CV22 7DA.
1.2 We are registered under the Data Protection Act 1998 and in using our website and buying our Products and/or Services you agree to our Privacy Policy. Please also read condition 21 below.
2 SERVICE AVAILABILITY Our site is only intended for use by people resident in England, Scotland, N Ireland and Wales. We do not accept orders from individuals outside those countries.
3 YOUR STATUS By placing an order through our site or representative, you warrant that:
3.1.1 The person signing this agreement has actual authority to contract on behalf of the business concerned as authorised employee, director or partner;
3.1.2 You are at least 18 years old;
3.1.3 You are resident in either England, Scotland, N Ireland or Wales; and
3.1.4 You are accessing our site from that country.
3.1.5 You are a business venue owner or operator.
4 HOW THE CONTRACT IS FORMED BETWEEN YOU AND US 4.1 After placing an order, you may receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product and/or Service. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product and/or Service has been dispatched and/or activated (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation-i.e. our acceptance of your offer. Any information provided by us online or otherwise shall be considered as an invitation to treat only and/or representation and not as contractual terms and/or conditions.
4.2 The Contract will relate only to those Products and/or Services whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products and/or Services which may have been part of your order until the dispatch of such Products and/or Services has been confirmed in a separate Dispatch Confirmation.
4.3 The Contract will be concluded in English.
4.4 In providing the Products and/or Services as stated in Schedule 1 to you, the venue, you agree that:
4.4.1 The term of such agreement is a minimum period of 12 months from the start date being the date when your business log-in details are sent to you, after this 12 month period this agreement will continue on a month by month basis until cancelled by you or us by giving 28 days notice in writing;
4.4.2 Once you have purchased a 12 month advertising package a refund cannot be given;
4.4.3 The price and full service specifications are as stated in Schedule 2;
4.4.4 Your access to the site and to advertise with us is subject to these terms and conditions;
4.4.5 We may modify or delete the advertising content without our prior notification and written consent for the purposes of maintaining legality and for maintaining integrity of our website;
4.4.6 You will not reveal your business log in code to any other person or party without our prior written consent. Failure to conform to such practise may mean civil and criminal legal proceedings being taken against you and the other party for which you will indemnify us and any third parties associated with us in full.
4.4.7 You will not lend, sell, swap or otherwise compromise the integrity of your business log-in details. You agree that log in codes are not transferable and such transfer by you will entitle us to terminate the agreement and to retain the purchase price paid by you.
4.4.8 You will safeguard log in codes and agree that replacement codes will not be generated by us at any rate exceeding one per day.
4.4.9 You agree to advertise on the basis of all applicable laws pertaining to the laws of England and Wales and will not advertise in any manner that will bring our website and business into disrespect.
4.4.10 In terms of customer requests for refunds which we may send to you from time to time you will consider these fairly and reasonably in accordance with law and with good industry practice. Where you operate a mediation or arbitration scheme you agree to make the customer aware of this. Should you decide to refund the customer through us you agree that we may charge you a reasonable administration fee for this Service as stated in Schedule 2.
4.4.11 You warrant to notify us within 7 days should your business have credit problems including but not limited to the appointment of an administrative receiver or administrator over any business asset; the entering into any voluntary arrangement with any creditor; where you as a sole trader become bankrupt or being a company you contemplate going into or go into administration or liquidation. You also agree to indemnify us in full for all damages, costs, claims, expenses and charges whether direct or indirect and consequential in nature as a result of such warranty being breached by you.
5 OUR STATUS 5.1 Please note that in some cases, we may accept orders as agents on behalf of third party sellers. The resulting legal contract in these cases is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction.
5.2 We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products and/or services you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
6 YOUR RIGHTS-NO RIGHTS TO CANCEL 6.1 As you are not contracting as a consumer, you may not cancel a Contract in accordance with our refunds policy (set out in clause 10 below).
7 AVAILABILITY AND DELIVERY 7.1 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
8 RISK AND TITLE 8.1 The Product will be at your risk from the time of delivery.
8.2 Ownership of the Product will be retained by us at all times though we grant a license to you for its limited use by you in accordance with these terms and conditions. Such a license is non assignable and any Pod or rights issued to you may not be transferred to any third party whatsoever.
9 PRICE AND PAYMENT 9.1 The price of any Products and/or Services will be as quoted at the time of presentation visit and/or on our site and/or below in Schedule 2 from time to time, except in cases of obvious error.
9.2 These prices may or may not include VAT and any relevant delivery costs which will be added to the total amount due as set out in Schedule 2.
9.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
9.4 Our site contains a number of Products and/or Services and it is always possible that, despite our best efforts, some of the Products and/or Services listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's or Service’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product and/or Service to you (give you a reduction) wherever reasonably possible. If a Product’s and/or Service’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product and/or Service (to give you the option to pay the increased price),or reject your order and notify you of such rejection.
9.5 We are under no obligation to provide the Product and/or Service to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
9.6 Payment for all Products must be by cash, cheque, credit or debit card. We accept payment with Visa, Mastercard, Electron, Maestro, JCB and American Express. We will not charge your credit or debit card until we process and/or despatch your order.
10 OUR REFUNDS POLICY 10.1 In order to keep advertising prices low our business model aims to reduce waste and administration to the minimum and you agree that no refund of Products and/or Services will be possible.
11 LIABILITY AND INDEMNITY 11.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied. Likewise services provided will conform to all implied conditions under the Sale of Goods and Services Act 1982.
11.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product and/or Service you purchased as detailed in Schedule 2. In the unlikely event that this clause is deemed void and unenforceable at law in the alternative the higher of the annual fee and £1000 shall apply.
11.3 You agree you have agreed to this limit which you accept is fair and reasonable taking into account the following: your ability to insure yourself, the low price offered which would otherwise be higher were we not to agree to such a limit as quoted in 11.2 above, your own proportionate liability and responsibility, your ability as a venue to find and use alternative suppliers and solutions to your business needs and your ability to obtain independent legal advice.
11.4 This does not include or limit in any way our liability:
11.4.1 For death or personal injury caused by our negligence.
11.4.2 For fraud or fraudulent misrepresentation; or
11.4.3 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
11.4.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of income or revenue or opportunity, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable by or in the contemplation of the parties.
11.4.5 Where you buy any Product and/or Service from a third party seller through our site (such as with a seller of venue goods and/or services), the seller's individual liability will be set out in the seller's own terms and conditions which you can request directly.
11.5 Without prejudice to any other right which we may have, you shall indemnify and defend us and our employees, agents, successors and assigns from and against all claims, demands, damages, fines, liabilities, costs and expenses (including management and all legal costs) that arise out of:
11.5.1 Breach of any warranty in relation to the Products and/or Services;
11.5.2 Breach by you of any term of the agreement;
11.5.3 Negligence for which you are responsible in relation to Products and/or Services;
11.5.4 Any infringement or alleged infringement of Intellectual Property Rights or any other rights whatsoever of any other person arising in connection with Products and/or Services (whether occurring by manufacture, importation, purchase, use, resale or otherwise);
11.5.5 Any liability under consumer protection, advertising and all and any other safety, health and consumer legislation which relate to the Products and/or Services;
11.5.6 Any claim by any consumer in respect of the Products as supplied by us and/or Services as performed by us.
11.5.7 Financial or economic loss; or
11.5.8 Special, indirect or consequential losses,
12 TERMINATION 12.1 You agree we may terminate this agreement with you by giving you:
12.1.1 Seven days written notice at any time, at the discretion of our management, whose decision shall be final and conclusive.
12.2 We shall be entitled to terminate this agreement immediately without liability by giving notice in writing at any time if you:
12.2.1 Make or propose any voluntary arrangement with your creditors (within the meaning of insolvency legislation) or (being an individual or firm) become bankrupt or (being a company) becomes subject to an administration order, are wound up or goes into liquidation (other than for the purpose of a solvent amalgamation or reconstruction), or;
12.2.2 Have a receiver, administrative receiver, administrator or similar officer appointed over any of your property or assets, or documents are filed at court or any action taken in relation to the appointment of an administrator;
12.2.3 Cease, or threaten to cease, to carry on business;
12.2.4 Are unable to pay your debts as they fall due; or
12.2.5 Suffer the occurrence of an event equivalent or similar in effect to any of the above events in any other jurisdiction.
12.3 We shall be entitled to terminate this agreement immediately without liability by giving notice in writing at any time if:
12.3.1 Acting reasonably we believe that any of the events mentioned above is about to occur and notify you accordingly; or
12.3.2 You fail to fulfil or comply with any of your obligations under the relevant agreement and such failure is not remediable, or where such failure is remediable you have failed to remedy such failure within 7 days of written notice from us specifying the failure and requiring its remedy.
12.4 The termination of any agreement under these Conditions shall be without prejudice to either party’s rights then accrued arising from such agreement or any breach thereof and to any provision of such agreement which is expressly or by implication intended to survive such termination.
13 WRITTEN COMMUNICATIONS Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail by the address you provide or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
14 NOTICES All notices given by you to us must be given to myticketpod.com® at administrator@myticketpod.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent to the e-mail address above, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee with sent receipt acknowledged.
15 TRANSFER OF RIGHTS AND OBLIGATIONS 15.1 The contract between you and us is binding on you and us and on our respective successors and assigns. 15.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
16 EVENTS OUTSIDE OUR CONTROL 16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
16.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
16.2.1 Strikes, lock-outs or other industrial action.
16.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
16.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
16.2.4 Electrical, electronic, telecommunication, telephone, server or website failure.
16.2.5 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
16.2.6 Impossibility of the use of public or private telecommunications networks.
16.2.7 The acts, decrees, legislation, regulations or restrictions of any government.
16.2.8 Impossibility of the use of public or private internet networks.
16.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
17 WAIVER 17.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
17.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
17.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14.
18 SEVERABILITY If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
19 ENTIRE AGREEMENT 19.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
19.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
19.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently or by deceit) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
20 OUR RIGHT TO VARY THESE TERMS AND CONDITIONS 20.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
20.2 You will be subject to the policies and terms and conditions in force at the time that you order Services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within two working days of receipt by you of the Services).
21 DATA PROTECTION AND PRIVACY 21.1 In relation to all personal data, we shall at all times comply with applicable law as a data controller if necessary, including maintaining a valid and up to date registration or notification. “Personal data” and “data controller” have the meanings given to them in the Data Protection Act 1998.
21.2 We shall only process personal data in accordance with instructions from a consumer and shall not transfer any personal data to any country or territory which is not an EEA State.
21.3 We shall use appropriate technical and organisational measures to prevent unauthorised or unlawful processing of personal data and accidental loss or destruction of, or damage to, personal data. We shall supply on written request from a consumer details of such technical and organisational methods.
22 LAW AND JURISDICTION Contracts for the purchase of Products and/or Services through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales.
23 SURVIVORSHIP CONDITIONS 3,4,6,8,9,10,11,17,18 AND 19 AND THIS CONDITION SHALL SURVIVE TERMINATION OF THE AGREEMENT INCORPORATING THEM.
Schedule 1- Products and/or Services for advertising businesses (venues)
- Advertising packages as described during your presentation visit.
- Pod readers
- Any equipment purchased directly through us.
Schedule 2-prices for Advertising businesses (venues)
- Prices are strictly as set out during your presentation visit and on your despatch confirmation.
- Delivery costs (where applicable) are available upon request.
- The cost to you of refunds made by us to consumers on your behalf are at the same rate as the booking fee of the original ticket (plus the refund amount).
Venue acceptable use policy
This acceptable use policy sets out the terms between you and us under which you may access our website www.myticketpod.com ( our site). This acceptable use policy applies to all users of, and visitors to, our site. Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our venue terms of website use. www.myticketpod.com is a site operated by myticketpod.com® ( us). PROHIBITED USESYou may use our site only for lawful purposes. You may not use our site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our venue terms of website use.
- Not to access without authority, interfere with, damage or disrupt:
- any part of our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.
CONTENT STANDARDSThese content standards apply to any and all material which you contribute to our site ( contributions), and to any interactive services associated with it. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
- Comments/Contributions must:
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in the UK and in any country from which they are posted.
- Comments/Contributions must not:
- Contain any material which is defamatory of any person/organisation.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made by an advertiser of services directly or indirectly to boost apparent popularity or for any purpose whatsoever-unless they have obtained our prior written consent.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only)copyright infringement or computer misuse.
SUSPENSION AND TERMINATIONWe will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate. Failure to comply with this acceptable use policy constitutes a material breach of the venue terms of website use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use our site.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis. (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities and to third parties suing us by way of court order for postings made by you as we reasonably feel is necessary.
We exclude all liability for actions taken in response to breaches of this acceptable use policy. In the unlikely event that this clause is deemed void by a court of law the maximum sum we are liable to you is limited to the cost of the transaction in question or membership where none (whichever is higher) or the annual value of your advertising package (if an advertising venue). In the unlikely event this is deemed unreasonable it will be limited in any event to £250 which you agree is reasonable taking into account your own responsibilities, legal advice taken (or ability to so take) and ability to insure. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate. CHANGES TO THE ACCEPTABLE USE POLICYWe may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.
Venue terms of website use
VENUE TERMS OF WEBSITE USEThis page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website www.myticketpod.com ( our site), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site. INFORMATION ABOUT USwww.myticketpod.com is a site operated by myticketpod.com® (" We"). Our main trading address is 77 Addison Road, Rugby, Warwickshire CV22 7DA. ACCESSING OUR SITEAccess to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them. INTELLECTUAL PROPERTY RIGHTSWe are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status, (and that of any identified contributors) as the authors of material on our site, must always be acknowledged. You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. RELIANCE ON INFORMATION POSTEDInformation and other materials posted on our site are not intended to amount to advice on which reliance should be placed. In terms of confirming dates, times and venues for instance users are always advised to contact the venue or host directly as we rely on the venue posting the information correctly and cannot be responsible for errors or omissions they have made. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor or any third party to our site, or by anyone who may be informed of any of its contents. OUR SITE CHANGES REGULARLYWe aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material. OUR LIABILITYThe material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site(including without limit loss of opportunity, loss of enjoyment, disappointment costs, additional travel or other related indirect costs) or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time;
and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
TRANSACTIONS CONCLUDED THROUGH OUR SITE Contracts for the supply of services formed through our site or as a result of visits made by you are governed by our venue terms and conditions.
UPLOADING MATERIAL TO OUR SITE Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our venue acceptable use policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
Pictures and/or adverts uploaded to our site must be professionally created to the relevant height and width to fit in the space provided and must not appear distorted once uploaded.
Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out above or in our venue acceptable use policy.
VIRUSES, HACKING AND OTHER OFFENCES You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
LINKING TO OUR SITE You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our venue acceptable use policy.
If you wish to make any use of material on our site other than that set out above, please address your request to administrator@myticketpod.com.
LINKS FROM OUR SITE Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
JURISDICTION AND APPLICABLE LAW The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms of use are governed by English law.
VARIATIONS We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.
YOUR CONCERNS If you have any concerns about material which appears on our site, please contact administrator@myticketpod.com Thank you for visiting our site.
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