TicketShout User Agreement - Buy and Sell Concert Tickets, Sports Tickets and Theatre Tickets

TicketShout Ltd User Agreement

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 TicketShout Service, including members) and TicketShout Ltd ("TicketShout", "we", "us" or "our"), located at TicketShout Ltd, 9 Flitcroft Lea, High Wycombe HP13 5LE. The "TicketShout 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 TicketShout 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 TicketShout 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 TicketShout 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:
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1.4. Buyers and Sellers: We refer to people who buy tickets through TicketShout as Buyers; no prizes for guessing that we call people who sell tickets through us Sellers.
What’s it all about?
2.1. Who are TicketShout? 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 TicketShout ("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. TicketShout make no guarantee of any specific results from use of this Site.
All about Members
3.1. Requirements: In order to use the TicketShout 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 TicketShout Services with the involvement of a parent or guardian.
3.2. Registration: In order to use the buy and sell tickets using the TicketShout 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 TicketShout Services using your username and password.
Selling Tickets
4.1. Listing: As a Seller, the first step to selling your tickets on TicketShout 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.
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. TicketShout is not responsible for the actions or failures of any venue, performer or promoter. Whilst all sales are final, TicketShout's exclusive TicketSafe 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.
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 TicketShout and Members is true, accurate and complete. You agree not to use false names or addresses, or any other false information, in using the TicketShout 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.