PROMOTER TERMS AND CONDITIONS
Ticketing Over Ltd. and the Promoter agree that Ticketing Over Ltd is appointed to act as a non-exclusive (save where we agree exclusivity in respect of an Event with you) agent to facilitate the sale of rights to admission to Events on behalf of the Promoter in the form of our unique Booking reference numbers which are delivered electronically. WE DO NOT POST OUT PHYSICAL TICKETS unless otherwise agreed in writing.
By setting up an account with us you agree that you are the Promoter according to the definition below, and you will be deemed to have accepted and agreed to all these terms and conditions and obligations of the Promoter.
You are responsible and liable for ensuring that anyone using the Website via your Promoter login details complies with these terms and conditions.
In these terms and conditions:
"YOU" OR THE "PROMOTER"
means a third party supplier or suppliers of Tickets for the Events which may include a venue, promoter or Event organiser.
"WE" AND "US"
means Ticketing Over Ltd (registered as a company in Hong Kong, number 1769719), whose registered office is at Unit B, 5/f, Contempo Place, 81 Ho Tung Road, Kwun Tong, Hong Kong.
means an individual or individuals who purchase Tickets via our Website and any person on whose behalf a Booking has been made via our Website.
means the individual event or events advertised on our Website or otherwise made accessible by us for which Tickets are available. "Tickets" or "Bookings" means rights to admission in the form of unique booking reference numbers.
means the website or websites on which we make Tickets available and from which we promote Events and the venue administration area or areas of these websites.
means the final list of all Tickets purchased through us for an Event.
You confirm that you are authorised to appoint us as your agent in respect of the Events and that all rights and permissions have been obtained to enable us to promote the Events.
You, the Promoter, agree that you will, in a timely and efficient manner:
OWNERSHIP OF TICKETS
We do not buy Tickets to the Promoter's Events and title to the Tickets always remains with the Promoter.
OBLIGATIONS OF TICKETING OVER LIMITED
We will display the details of your Tickets on the Website but we do not guarantee that any or all of your Tickets will be purchased. We retain sole and complete discretion to decide the look and feel of the Website and the manner and length of time for which Events are publicised.
We will obtain payment from the Customer of the face value of the Ticket as per the information provided by the Promoter and will forward the full face value of all sold Tickets to the Promoter according to our standard payment terms.
We will not charge the Promoter for the service provided in accordance with these terms and conditions unless otherwise agreed.
Subject to the other provisions of these terms and conditions we will not sell Tickets for more than the agreed face value.
We will charge the Customer a Booking fee as payment for the Booking services rendered. The Booking fee will be clearly itemised as a separate charge from the face value of the Ticket.
The Promoter will not be entitled to all or any part of the Booking fee.
If you mark your Event ‘Private’:
REFUNDS, CANCELLATION, RESCHEDULING OF EVENTS
(a) an Event is cancelled;
(b) an Event is moved to another date and/or time; or
(c) there is a material change to the acts scheduled to appear at an Event or to the venue (i.e. the Event is "significantly changed")
you must inform us immediately with full, accurate and up-to-date details of that change.
If an Event is cancelled, we will facilitate the refunding of the face value of the Tickets on your behalf, and deduct this from any monies payable to you. You agree to pay promptly to us sums to refund us such face values if we request you to.
If an Event is moved to another date, or if details of the Event are significantly changed, we will attempt to advise the Customer by email that the Event has been rescheduled or significantly changed and that their Tickets are still valid for the rescheduled or significantly changed Event (which you hereby confirm that they will be). If the Customer chooses not to retain the Booking for the rescheduled or significantly changed Event, we will facilitate the refunding of the face value of the Tickets on your behalf, and deduct this from any monies payable to you. You agree to pay promptly to us sums to refund us such face values if we request you to.
If a Customer decides to retain the Booking for the rescheduled or significantly changed Event then their Tickets shall still be valid and you shall still admit them to the Event in accordance with these terms and conditions.
STANDARD PAYMENT TERMS
We will pay you the total face value of your Tickets sold by us on the Website (less any portion of booking fees you have elected to pay) for the Event as shown on the final Ticket List. We will initiate payment to you on the fifth working day following the Saturday of the week of the event (or, if the event covers more than one week, the Saturday of the last week of the event). It may take time for the payment to reach your account for reasons which are beyond our control.
We pay by standard bank transfer direct to your nominated account. This transfer is subject to standard banking conditions. It is your responsibility to give us your correct bank details. We accept no liability for payments that are lost as a result of you giving incorrect bank details.
You do not need to invoice us for your Tickets sold on the Website.
We will pay all payment-card processing charges incurred in the Customer transactions, and will not charge the Promoter for these unless otherwise agreed.
We will not pay any bank or other third party charges associated with transferring money to your nominated account, which charges will be borne by you by deduction from the money paid to you. (If your nominated account is with PayPal, we will transfer the money to you via PayPal, which should – subject to PayPal’s terms and conditions from time to time – mean there are no bank or other third party charges associated with the transfer.)
Payment by us is without prejudice to any claims or rights which we may have against you and shall not constitute any admission by us as to the performance by you of your obligations under these terms and conditions. Prior to making such payment, we shall be entitled to make deductions or deferments in respect of any disputes or claims whatsoever with or against you.
BREACH OF THESE TERMS AND CONDITIONS
Without prejudice to any right or remedy we may have against you for breach or non-performance of these terms and conditions, we may, with immediate effect, terminate the display of your Events on the Website on or at any time after the happening of any of the following circumstances:
(a) if you commit a material breach of any of these terms and conditions provided that where such breach is capable of remedy you have been advised in writing of the breach and have not rectified it within seven (7) days of receipt of such advice;
(b) If you make any voluntary arrangement with your creditors or become bankrupt or becomes subject to an administration order or go into liquidation or we reasonably apprehend that any of the circumstances mentioned above is about to occur;
(c) if you for any reason whatsoever are substantially prevented from performing or become unable to perform your obligations; or
(d) if you or third parties connected to you place offending material on the Website or otherwise misuse the Website.
ACCESS TO THE WEBSITE AND CONTENT
We will endeavour to allow uninterrupted access to the Website but access to it may be suspended, restricted or terminated at any time.
We reserve the right to change, modify, substitute or remove without notice any information on the Website from time to time.
We assume no responsibility for the contents of any other websites to which the Website has links.
The copyright, trade marks and all other intellectual property rights in the material contained in the Website, together with the Website design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and software (including applets) and in the Ticket List belongs to us or is currently licensed to us, our subsidiaries or the providers of such information. All rights are reserved. None of this material may be reproduced or redistributed without our express written permission. You may, however, download or print a single copy for your own non-commercial off-line viewing.
You shall retain ownership of all copyright in data you submit to the Website. You grant us a worldwide exclusive, royalty-free, non-terminable licence to use, copy, distribute, publish and transmit such data in any manner.
DATA PROTECTION AND CONFIDENTIALITY
You undertake and warrant that you will only permit personal data passed to you pursuant to these terms and conditions to be processed in accordance with all applicable data protection legislation. In particular you will process data using adequate security and only as authorised by us. For the purposes of this provision "processing" and "personal data" shall have the same meanings as given in the Personal Data (Privacy) Ordinance Cap 486.
You undertake to keep confidential all information about our business which is disclosed under an explicit or implied duty of confidentiality, including (without limitation) that which is stamped confidential and/or which relates to our Customers, other partners, accounts and technology. This provision shall not apply in respect of information which comes into the public domain other than by a breach of confidentiality with which you are associated.
We use reasonable endeavours to ensure that the data on the Website is accurate and to correct any errors or omissions as soon as practicable after being notified of them. We do not monitor, verify or endorse information submitted by third parties including Promoters for posting on the Website. To the extent permitted by applicable law, we disclaim all warranties and representations (whether express or implied) as to the accuracy of any information contained on the Website. We do not guarantee that the Website will be fault free and do not accept liability for any errors or omissions.
Due to the nature of electronic transmission of data over the Internet, any liability we may have for any losses or claims arising from an inability to access the Website, or from any use of the Website or reliance on the data transmitted using the Website, is excluded to the fullest extent permissible by law. In no event shall we be liable for any indirect loss, consequential loss, loss of profit, data, revenue, business opportunity, anticipated savings, goodwill or reputation whether in contract, tort or otherwise arising out of or in connection with these terms and conditions or use of the Website save where such liability cannot be excluded by law. In respect of all other loss or damage arising under or in connection with these terms and conditions our liability is (to the maximum extent permitted by law) limited (per claim) to sums received by us for the Event in question.
We do not give any warranty that the Website is free from viruses or anything else which may have a harmful effect on any technology and you should take your own safeguards in this area.
USERNAME AND PASSWORD
On registering with us, we provide you with a username and password which must be used in order to access certain restricted parts of the Website. The username and password are personal to you and are not transferable.
Your username and password are the methods used by us to identify you and so are very important. You are responsible for all information posted on the Website by anyone using your username and password. Any breach of security of a username and password should be notified to us immediately.
You may not adapt or circumvent the systems in place in connection with the Website, nor access the Website other than through normal operations.
DATA SUBMITTED BY PROMOTERS
We reserve the right (without limiting our rights to seek other remedies) to remove offending material placed on the Website which (after it has been bought to our attention) we (in our complete discretion) believe constitutes a misuse of the Website or which is otherwise harmful to other users of the Website.
You undertake to indemnify us and keep us indemnified fully at all times against all claims, demands, actions, proceedings, damages, losses (including without limitation, economic loss), costs and expenses made or brought against or incurred by us which are attributable either directly or indirectly to any act default or omission on your part in carrying out your obligations under these terms and conditions, including but not limited to failing to provide the correct Ticket pricing and Event information, failure to inform the Customer of additional conditions applicable to the Event, use of Our details in any illegal publicity and in respect of any third party claim for breach of their rights arising as a result of our appointment under these terms and conditions. We reserve the right to deduct from money due to you the costs and expenses of any such claims, demands, actions, proceedings that may be made against us.
We may modify any of these terms and conditions at any time by publishing the modified terms and conditions on the Website. Any modifications shall be effective unless you object to them within 5 days of the modified terms and conditions being published on the Website or (if earlier) notified to you by email.
The rights, powers and remedies conferred on any party by these terms and conditions and remedies available to any party are cumulative and are additional to any right, power or remedy which it may have under general law or otherwise.
Either party may, in whole or in part, release, compound, compromise, waive, or postpone, in its absolute discretion, any liability owed to it or right granted to it in these terms and conditions by the other party without in any way prejudicing or affecting its rights in respect of that or any other liability or right not so released, compounded, compromised, waived or postponed.
No single or partial exercise, or failure or delay in exercising any right, power or remedy by any party shall constitute a waiver by that party of, or impair or preclude any further exercise of, that or any right, power or remedy arising under these terms and conditions or otherwise.
If any provision of any of the terms and conditions on the Website is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of the terms and conditions shall not be affected.
These terms and conditions together with the Customer terms and conditions set out the entire agreement and understanding between the parties in respect of the subject matter of the terms and conditions.
English law governs all of these terms and conditions and each party submits to the exclusive jurisdiction of the Hong Kong courts in respect of any dispute arising under these terms and conditions.
All disclaimers, indemnities and exclusions in these terms and conditions shall survive termination of the agreement between us for any reason.
Neither party shall be liable to the other to the extent that any liability relates to an event over which that party has no control.
The parties shall not assign these terms and conditions to any other party without the other's consent. However, you are deemed to consent to an assignment if there is a trade sale or group reorganisation of Ticketing Over Limited.
No part of these terms and conditions is enforceable by anyone who is not a party to it except the following terms and conditions which may be enforced by the Customer in their own right: "Promoter's Obligations" and "Refunds, cancellation, rescheduling of Events".