PROMO SET GO TERMS & CONDITIONS
The following sets out the terms and condition for use of the Promo Set Go website, ticket purchasing and our services.
For the purposes of these Terms, the website shall be referred to as the “Site”. The Site is operated by Promo Set Go Ltd trading as Promo Set Go (we, us and our). We are a limited company, registered in England. Our registered company number is 08972583, and our registered address is Promo Set Go, International House, 24 Holborn Viaduct, CITY OF LONDON, London EC1A 2BN.
We reserve the right to change these Terms from time to time by changing them on the site, although no such change will affect any Purchase you have already made with us. Your continued use of the site and any new Purchases will be bound by the new Terms. These Terms were last updated on 30th September, 2014.
As a consumer, nothing in these Terms will prevent you or stop you from being able to enforce or receive the full benefit of your legal rights provided under general UK law (your “non-excludable statutory rights”). For more information, please contact your local Citizens Advice Bureau, phone numbers can be found on their national website atwww.nacab.org.uk.
“Merchant” means a third party partner of Promo Set Go who sells the events and services for which a Purchase can be made.
“Purchase” or “Purchased” means the purchase of a Ticket or Offer.
“Ticket” means a ticket for a particular Event from a Merchant, which is subject to any additional terms of entry set by the Merchant.
“Events” means the events and/or services offered by a particular Merchant for which a Purchase can be made.
USE OF THE WEBSITE
Use of the site for individuals is for personal use only. To use the site for ticket purchasing, you must be 18 or over. By continuing to use the Site and agreeing to these Terms you are representing to us that you are 18 and we can rely on this representation.
The Site and the Events offered on the Site are only directed at people who access the Site and make Purchases in the UK. We do not represent that any Events are suitable outside the UK and you should be careful to satisfy yourself of a Event’s suitability to your circumstances (such as considering your travel arrangements to/from the event because unless this is expressly stated as part of the Event, it is not included as part of the Purchase). If you choose to use the Site or make a Purchase outside the UK you do so at your own initiative.
We grant you a limited licence to use the Site to access and use our services for your own personal and non-commercial use, provided that you comply fully with these Terms (e.g. you must not re-sell the Tickets).
We reserve the right to prevent you using the Site or making Purchases, however we will honour Purchases already made, unless you have not complied with these Terms or we are unable to because of circumstances outside our control. For more on this, please read below.
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 the site may be out of date at any given time, and we are under no obligation to update such material.
We reserve the right to modify, change, substitute or withdraw any Events or other information on our Site. You agree that your use of the Site is on an ‘as is’ and ‘as available’ basis and at your sole risk.
We cannot guarantee the continuous, uninterrupted or error-free operability of the site. There may be times when certain features, parts or content of the Site, or the entire Site, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Site, or any features, parts or content of the Site.
WHAT IS ALLOWED
You may only use the Site for non-commercial use and only in accordance with these Terms. You may retrieve and display content from the Site on a computer or mobile device screen, print and copy individual pages and Tickets and, subject to the next section, store such pages and/or Tickets in electronic form. Additional terms may also apply to certain features, parts or content of the Site and, where they apply, they will be displayed before you access the relevant features, parts or content.
WHAT IS NOT ALLOWED
Except to the extent expressly set out in these Terms, you are not allowed to:
• store pages of the Site on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all or most of the pages of the Site; or
• remove or change any content of the Site or attempt to circumvent security or interfere with the proper working of the Site or the servers on which it is hosted.
You must only use the Site and anything available from the Site for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.
All rights granted to you under these Terms will terminate immediately in the event that you have not followed your responsibilities as required by them (legally known as a “breach”).
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.
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.
REGISTERING YOUR DETAILS FOR TICKET PURCHASES
Registering your details will allow you to make Purchases and take advantage of the special offers which may be free, paid or otherwise redeemed on the website. We reserve the right to decline a new registration or cancel your registration at any time (including if you don’t provide us with a valid e-mail address that is personal to you, or if you don’t provide us with a correct name and surname).
YOUR PERSONAL INFORMATION
Your relationship with the Merchant
Unless otherwise stated, we act as a disclosed agent for our Merchants, such as a theatre or concert promoter. This means that the contract for the Event is between you and the Merchant. In most cases this means there are likely to be additional terms and conditions which apply to your contract with the Merchant (because each Merchant has different terms relevant to the Event, for example a concert promoter will have different terms of entry than a theatre). These additional terms, if any, shall be made known to you at the time of Purchase, and/or you may Contact Us for details. We will also provide a link to the terms in the ticket confirmation email and/or as part of the redemption instructions we send you. You shall ensure that anyone using a Ticket with a Merchant complies with those terms.
Where we act as agent this means that we have no contractual liability to you in respect of that particular Event. However, we may still be liable to you if we have been negligent, made a fraudulent misrepresentation or been in breach of any other relevant law. For a small number of Events we may act as principal rather than agent, which means the contract for the Event is between you and us. We will let you know where we act as principal, otherwise we will always be acting as agent.
It is important to note that it is the Merchant, not us, who is the seller of the Events. Therefore, if you have a complaint with the quality of the Events your complaint lies with the Merchant, not Promo Set Go Ltd, although we’d still love to hear your feedback so we can decide whether or not to continue offering events from that Merchant in the future. Contact details for the Merchant will be provided in the confirmatory EMAIL and/or in the redemption instructions we send you when you make a Purchase. We will of course use our reasonable endeavours to assist you with providing feedback to the Merchant if you so request: Contact us.
As your contract is not with us, but with a Merchant, we may pass essential booking details to that Merchant. The placing of an order to purchase a Ticket will constitute consent to us passing your details for this.
TICKETS AND OFFERS
For most events you will receive an electronic Ticket or redemption instructions, as Promo Set Go generally works on the basis of selling last-minute Event tickets or special offers exclusive to us. Sometimes you will need to collect your Tickets or redeem your offer from the box office or a collection point where we are unable to send the electronic Ticket straight to your email account. You will be notified if this is necessary and be provided with collection details, including location and times. You must take the acknowledgment of your order with you and the credit/debit card you used to make the order. If you fail to arrive at the collection point within the time specified, you will forfeit your ticket and we will not provide a refund.
Tickets and offers must be used within the date range or by the date of the Event shown on the Ticket, or it will no longer be valid (and you will not be entitled to a refund).
Tickets and offers may be restricted to a maximum number. You will be informed of this at the point of purchase.
It is your responsibility to check your Tickets and Offers as if you have made a mistake it cannot always be rectified after purchase. Please check your Ticket(s) or Offers on receipt carefully and Contact Us immediately prior to the Event or redemption if there is a mistake, or if you have not received your Ticket(s) or Offer details.
It is your responsibility to ascertain whether an Event has been cancelled or re-scheduled and the date and time of the re-scheduled Event. We will use reasonable endeavours to notify you of a cancelled or re-scheduled Event but we do not guarantee you will be informed of such cancellation before the time for the Event.
Where a concession is claimed, proof of identity and concession entitlement (for example of age or student status) may be required.
Once submitted, your order constitutes an offer to us to Purchase a Ticket. All orders are subject to acceptance by us. We are not obliged to accept your order and may, in our discretion, decline to accept any order. Where we accept your order, we will confirm such acceptance to you by sending you an email that confirms that we have accepted your order and providing details of your Ticket. Notwithstanding our acceptance, we may immediately terminate or suspend the Purchase (and suspend or void the Ticket) if subsequently your payment details are found to be invalid or lack funds by our payment provider, or we or our payment provider reasonably suspect fraudulent behaviour linked with your account.
Reproduction, sale, resale or trade of a Ticket is prohibited. If you attempt to do this we reserve the right to void the Ticket and cancel your account.
Your ticket remains the property of the Merchant and is a personal revocable licence which may be withdrawn and admission refused at any time upon refunding the printed purchase price.
Our Merchants may prohibit us from issuing exchanges or refunds after a Purchase is made, or for lost, stolen, damaged or destroyed tickets. It is your responsibility to keep your tickets safe, whether in digital or paper ticket formats. It is not always possible to issue duplicate tickets. If duplicates are being issued, a reasonable administration charge may be levied.
We may limit the amount of Tickets you can buy to an Event. We reserve the right, on reasonable suspicion, to cancel without notice or liability to you any order for Tickets purchased over any specified limits or if we reasonably suspect fraudulent conduct in connection with the Purchase.
A ticket shall not be used for advertising, promotions, contests or sweepstakes without the Merchant’s and Promo Set Go Ltd written consent.
Tickets are sold subject to the Event Partner’s right to alter or vary the programme due to events or circumstances beyond its reasonable control without being obliged to refund monies or exchange Tickets other than in certain cases set out in Our refunds policy.
The venue may refuse or revoke admission should you or your guests breach any terms and conditions of the Event or Merchant, or otherwise upon reasonable grounds such as unacceptable behaviour, drunk and disorderly, foul language, abuse and the like. Every effort to admit latecomers will be made at a suitable break in the event, but admission cannot be guaranteed. Ticket-holders may only leave and re-enter a venue during an Event at the discretion of the management of the venue. You only have the right to a seat corresponding to that stated on the Ticket, but the Merchant reserves the right to provide alternative seats to those stated on the Ticket.
PRICE AND PAYMENT
The price of Tickets is as quoted on the Site from time to time. Prices include VAT, if applicable.
Prices are liable to change at any time, but changes will not affect Purchases in respect of which we have already sent you an email confirmation.
Payment for all orders must be made by credit or debit card by entering such information in the Settings part in the Site or as part of the booking process.
You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.
OUR REFUNDS POLICY
Purchases for Tickets cannot be exchanged or refunded, except in the following circumstances:
(a) If we discover an error in the price of the Tickets you have ordered, we will use reasonable endeavours to inform you as soon as possible and allow you to either reconfirm your order at the correct price (crediting or debiting your account as applicable), or cancel your order. If you choose to cancel, you will receive a full refund from us if you’ve already paid. If we are unable to contact you, this will be treated as a cancellation.
(b) If an Event is cancelled or there is a material change to the subject matter of the Ticket contract (that is what you have contracted to see) we will give you a full refund of the face value price paid, less the booking fee. A material change is one which, in our reasonable opinion, makes the Event materially different to what a purchaser of the Event, taken generally, could reasonably expect. For example, the use of understudies in a theatre performance does not constitute a material change. If an event is re-scheduled (and you cannot attend the re-scheduled date), we will coordinate with the Event Partner on how your ticket(s) will be treated however a refund cannot be guaranteed
We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
You may reject a credit or refund within 30 days of receiving the credit or refund, but if you do not reject the credit or refund by notifying us within that timeframe you will be deemed to have accepted the credit or refund in full and final settlement of any and all claims, actions, demands and proceedings you may have against Promo Set Go Ltd arising out of the Ticket or Purchase for which you received the credit or refund.
YOUR LEGAL RIGHTS
Nothing in these Terms limits or takes away from your legal rights under general law, however please note that there is an exemption to the cancellation rights in respect of contracts for leisure service activities on specific dates under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations. As such, Purchases made via the Site are generally non-cancellable and non-refundable, although you may be entitled to a refund in certain circumstances (see Our Refunds Policy). For more information, please contact your local Citizens Advice Bureau, phone numbers can be found on their national website atwww.nacab.org.uk.
INTELLECTUAL PROPERTY RIGHTS
You agree that by submitting any posting, images or other content for publication on the Site (Your Content), you retain any copyright you may have in Your Content, however you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, edit, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or in part) and/or to incorporate it into other works in any form, media or technology, whether for commercial or non-commercial purposes. You waive any moral rights you may have in, or to be identified as the author, of Your Content.
You are solely responsible for Your Content (including content you share with other sites, such as social networking sites) and we do not endorse Your Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with Your Content.
The Site may, from time to time, include links to external sites. We have included links to these sites to provide you with access to information and services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators.
OUR SERVICE STANDARDS
We warrant that we will exercise reasonable care and skill in performing our obligations under these Terms. Provided we have done so, we shall not be liable for errors or omissions, although we do, however, issue credits and refunds in limited circumstances (please see section Our Refunds Policy). In the event of an error or omission we will use reasonable endeavours to correct any errors or omissions as soon as reasonably practicable after we become aware.
Except as expressly stated in these Terms, all warranties, conditions or other terms, whether express or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law. This does not stop you from exercising your legal rights under general law to the extent that we cannot lawfully exclude them, or claiming any remedies you might be entitled to under general law.
Nothing in these Terms shall limit or exclude our liability to you:
• for death or personal injury caused by our negligence;
• for fraudulent misrepresentation;
• for breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
• under Part I of the Consumer Protection Act 1987; or
• for any other liability that may not, under English law, be limited or excluded.
Subject to this, in no event shall we be liable to you for any business losses (and loss of profits shall always be treated as a type of business loss) and any liability we do have for losses you suffer arising from any Purchases shall not exceed 100% of the aggregate amount spent on the Purchase for the relevant Ticket(s). Further, our liability to you for any and all losses however they arise in connection with these Terms and your use of the Site (including any Purchases) is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
Other than as expressly described in these Terms, Promo Set Go Ltd does not warrant and excludes all liability in respect of, or to provide, the Events for which Tickets may be redeemed, including in respect of the quality, safety, usability or any other aspect of the Events in respect of which a Ticket is or may be redeemed. We do, however, issue credits and refunds in limited circumstances (see section Our Refunds Policy).
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that are caused by events outside our reasonable control.
Where videos are displayed they are intended to be purely representative of the artist or event. Your actual experience may vary.
SUSPENSION AND TERMINATION
We may suspend or terminate all or part of your use of the Site, your account and/or a Purchased Ticket if you use (or permit anyone other than you to use) the Site, your account or a Purchased Ticket in breach of these Terms and we do not reasonably consider that your breach can be resolved, or if it can be resolved you have failed to resolve it to our reasonable satisfaction after we have asked you to do so and given you a reasonable opportunity to do so.
Termination shall not prejudice any other right or remedy you or we may have in respect of accrued rights (including rights in respect of any breach) or liabilities which arose prior to termination.
These Terms are personal to you. You may not transfer or assign any or all of your rights or obligations under these Terms to any other person without our consent.
All notices given by you to us must be given in writing to the address set out at the end of these Terms. We may give notice to you at either the email or postal address you provide to us when placing an order.
If we fail to enforce any of our rights, it does not result in a waiver of that right.
If any provision of these Terms is found to be unenforceable, that provision shall be struck out and where capable all other provisions shall remain in force unaffected.
These Terms may not be varied except with our express written consent.
These Terms and any document expressly referred to in them constitute the entire agreement between you and us about the subject matter of these Terms and, in relation to such subject matter, supersedes and extinguishes all earlier understandings and agreements between you and us and all earlier representations by us, including any innocent or negligent misrepresentations. We do not limit our liability to you for any fraudulent misrepresentations made by us in these Terms or otherwise.
These Terms (and all non-contractual relationships between you and us) shall be governed by English law, and you agree that any dispute between you and us regarding them or any Purchase will only be dealt with by the nearest courts in England and Wales (nearest to where you reside).
In the first instance we request that you Contact Us if you have a complaint against us and we shall try to resolve it.
Nothing limits your right to bring a complaint against us by applying to your nearest court in England and Wales.
Please submit any questions you have about these Terms, an order you have placed or purchasing in general by email to hello@Promo Set Go.com or write to us at:
Promo Set Go Ltd
International House, 24 Holborn Viaduct, CITY OF LONDON, London EC1A 2BN