USER AGREEMENT
1. Overview
1.1 Introduction. This document sets out the terms and conditions (the “Agreement”) under which GET ME IN! Ltd (hereinafter referred as "GET ME IN!", “Us” or "We" where applicable) grants ticket sellers ("you", "You", “Your” or "Selling Member") a licence to list and offer tickets for sale on the GET ME IN! Website at www.getmein.com (the "Website") to third party buyers ("Buyer" or "Buyers"). By using the Website and listing tickets for sale on the Website you expressly agree to be bound by the following terms and conditions.
We strongly recommend that you read and understand this Agreement, and in any event by continuing to use our Website and sell tickets via our Website you will be bound by the terms and conditions of this Agreement.
1.2 Modification. If we decide to amend, alter or otherwise change the terms of the Agreement, we shall notify you by posting a revised version of the Agreement on the Website and emailing you at your registered email address. Such new agreement will automatically take effect and replace the terms of this Agreement. Your continued use of the Website will constitute your acceptance of the revised Agreement. If you do not agree with the terms of this Agreement or any revised version of this Agreement, immediately remove any of your ticket listings from the Website and do not continue to use the Website.
1.3 About Us. GET ME IN! Ltd is a limited liability company registered in England and Wales. We can be reached at 0844 277 2000 or by contacting http://www.getmein.com/contactus.html. We are not affiliated with any box office, event or event promoter.
2. Registration
2.1 Registration. Registration is required for you to purchase tickets from sellers via the Website. You may register with us by providing your real name, address, phone number, and email address. Please refer to our Privacy Policy on the Website for more details on how we use and protect your personal information.
2.2 Username and Password. You may need a username and password to access certain areas of the Website. You are responsible for maintaining the security of your username and password and you are responsible for any action taken under your username or password. We take all reasonable steps to ensure the security of your information on our systems; please visit the Website for more information about the security software we employ.
3. Purchasing Tickets
3.1 Selecting tickets. As a Buyer, you choose a ticket from the listings on the Website and, when you've found the tickets you want at the right price, you click to buy that ticket, enter and confirm your credit or debit card information, and confirm the purchase of the tickets. For the avoidance of doubt, tickets are not listed and sold by GMI, they are listed and sold by third parties and your contract for the purchase of a ticket listed on the Website is made with the third party that has listed the ticket for sale. GMI does not itself sell tickets, it provides a marketplace (i.e. the Website and associated services) where people can meet to buy and sell tickets.
3.2 Pricing. Event tickets are purchased in a free and fluctuating market where prices may change at any time. Only when you have successfully completed a transaction in accordance with clause 3.4 below is that transaction concluded at that price. Ticket prices are also usually set at a level which exceeds their original "face value". We make every reasonable effort to provide information on a ticket's original "face value" to you on the Website. If you cannot find "face value" information please contact us at +44 (0) 870 856 55 67. Please note that "face values" stated on the Website are sometimes approximations.
While we try and ensure that all prices listed on the Website are accurate, errors may occur (whether a technical error, a seller inputting a price incorrectly or otherwise) . If we discover an error in the price of tickets you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price (and credit or debit your account as applicable) or cancelling your order. If we are unable to contact you, you agree that we may treat the order as cancelled without any liability to us. If you choose to cancel after you have already paid the incorrect ticket price for the tickets, you will receive a full refund from us.
3.3 VAT. Ticket prices displayed on the Website are inclusive of VAT. You may be charged processing and other fees which will be displayed on screen, along with associated VAT, prior to your binding commitment to purchase being made.
3.4 Payment. 100% full payment must be received and verified by us in order to guarantee that a ticket purchase transaction has occurred. Accepted forms of payment include credit cards, debit cards, and online BACS transfers. All payments will be taken in GBP and your credit or debit card will be expressed to be charged by "GET ME IN!". Ticket prices are guaranteed only when an order is placed and payment received.
3.5 Confirmation. A confirmation email receipt will be issued upon placing your order. If you do not receive a confirmation email, do not assume your order has not gone through; instead please phone us at +44 (0) 870 856 55 67 to request another confirmation email. We are not responsible for any internet connection errors experienced while making an online booking. If you have not received an order confirmation email, it is your responsibility to contact our offices to verify your online booking before making another booking.
Your confirmation email will include details of the tickets you have purchased, corresponding to the description of the tickets on the Website at the point of sale, together with your name, address and delivery details. You must check these details carefully and let us know of any errors within 48 hours of the date of the confirmation email. We are unable to deal with mistakes or errors that are notified to us after 48 hours of the date of the confirmation email. Please note that failure to provide correct name, address and delivery details could lead to failed or refused delivery or your ability to collect tickets or ticket packages. If you fail to provide correct name, address and delivery details this is at your own risk and we take no responsibility and are not liable for your failure to gain access to events arising therefrom.
3.6 Changes / Cancellation of Events. IMPORTANT NOTE: events are sometimes postponed or cancelled completely. Event dates and times are usually printed on the tickets and are usually subject to change. It is important that you check with the event venue or local media to ensure that you arrive at the correct time and on the correct date. If an event is re-scheduled, Tickets will often be valid for the new date and you will not in any circumstances be entitled to a refund for a re-scheduled event.
All ticket purchases on our Website are final and no refund or exchanges will be given unless the event is cancelled entirely and the original event organisers offer buyers a refund for their tickets. If the organisers of the event do offer a refund in the event of a cancellation, to be entitled to a refund you must send to us (via Royal Mail special delivery or any other trackable secure courier service) the original tickets purchased via the Website and within the time frame communicated to you by us. In the case where the event is cancelled outright and the event organisers do not offer refunds for any reason, We will refund the difference, if any, between your purchase price and the face value cost of the ticket as well as 100% of GET ME IN! processing fees, provided that you send to us (via Royal Mail special delivery or any other secure courier service) the original tickets purchased via the Website within the time frame communicated to you by us. We will be unable to refund shipping costs. Lost, stolen or damaged tickets can not be duplicated.
3.7 Queries and Ticket Validity. All queries relating to tickets purchased via GMI must be directed to GMI’s Customer Services department rather than to the relevant venue or promoter. Subject to applicable ticket, promoter and venue terms and conditions, tickets supplied will give you entrance to the event or we will refund 100% of the purchase value (plus a 50% credit towards any future purchases) under our FanGuard guarantee. However, if you breach the applicable ticket, promoter or venue terms and conditions (or you direct any queries relating to the tickets to the venue or promoter rather than GMI) and as a result are not able to gain entry to the event, then you shall not be entitled to receive any refund or credit under the FanGuard guarantee.
3.8 Substitutions. In certain cases, exact seat locations may be substituted by sellers with equal or better seat locations only. Where possible, we will contact you to inform you if the ticket seller intends to substitute your tickets with equal or better seat locations. If you accept tickets offered to you in substitute for the original tickets you purchased then, irrespective of the seat location of the substitute tickets, you irrevocably waive your right to exercise the FanGuard guarantee in relation to such tickets.
3.9 Seating. Unless indicated otherwise at the point of sale, all tickets purchased in one order will be seated together. In certain cases, seats together may include seats located one row directly in front of or behind each other.
4. Delivery
4.1 Methods of delivery. Tickets will be dispatched using Royal Mail Special Delivery (Next Day), UPS delivery worldwide, FedEx, or by local ticket collection at the particular venue. It is your responsibility to provide us with a safe, secure delivery point and to be available to accept delivery. We will not be liable for refused delivery, refused or failed delivery arising from you failing to provide complete information to us (including, your name and address), unclaimed post, return deliveries, or missing mail.
4.2 Accuracy. We endeavour to get the tickets to you as soon as reasonably possible. Once tickets have been delivered, it is your responsibility to immediately check the tickets for accuracy. If there are any discrepancies between the tickets received and what you ordered, you must immediately notify us and return the tickets to us by special delivery (or equivalent) post. We will then endeavor to source equal or better tickets for you. If you do not return incorrect tickets to us and/or subsequently use such tickets you shall in no circumstances be entitled to a refund and irrevocably waive your right to exercise the FanGuard guarantee in relation to such tickets.
Further, in circumstances where you report a discrepancy while at the event or thereafter, we will be unable to replace the tickets, and you will, by default, accept the delivered tickets as valid and waive your right to the FanGuard guarantee.
4.3 Local address. Due to the late release of tickets, if you are an international customer or the event is taking place outside of the United Kingdom, we may have to request a local resident, business, or hotel address for delivery. It is your responsibility to notify the local address occupants of the scheduled delivery. For hotel delivery, this would be the front desk or concierge. For business delivery, this would be reception or a representative of the business.
4.4 Failed delivery. If for any reason your tickets are returned to us or could not be delivered, we will attempt to contact you and arrange for another delivery. If you are unavailable or you refuse delivery of your tickets, we may place the tickets back for sale on consignment and act as your agent to attempt to recover some or all of your costs. You have the right to set the asking price for your tickets, however, if no communication can be made, we will price them reasonably appropriately in attempt to recover as much of your money as possible. In some cases this could be substantially less than what you originally paid and we cannot guarantee a sale completes at all.
4.5 Delivery timing. Tickets will be delivered to you as soon as possible but are often released by promoters only shortly before the event. We attempt to ensure all delivery within 3-4 days of the event, but in rare circumstances tickets may be delivered later or we may require a venue or box office collection at the event.
4.6 Collection at Box Office. You hereby grant permission to GET ME IN's customer services staff to give any event promoter, venue owner or box office manager (or any of their employees or agents) booking information (e.g. name, ticket number, seating details) but never personal data (as defined in the Data Protection Act 1998) or credit card details from Your account, solely for the purpose of assisting You to receive tickets for the event at the venue box office.
5. Liability and Indemnification
5.1 Third parties. Due to the nature of our business and the fact that we cannot control the acts or omissions of third parties, we make no warranty, and specifically disclaim any liability, for any goods or services provided by third parties which are incidental to, ancillary to or consequent on your use of the Website. Further, you agree to that you have no claim against us for the actions, whether negligent or intentional, of any third parties from whom you may purchase tickets (or others good and services) via the Website or who provide goods or services to which such tickets (or others good and services) relate .
We act as an intermediary between you and sellers on the Website and you agree to accept all liability associated with the payment, delivery cost or misuse of any services or goods provided as a result of your use of our services.
5.2 Release. We are not involved in the actual transactions that occur between third party buyers and sellers on our Website – we provide the marketplace (i.e. the Website) and some related services but any contract for the sale or purchase of tickets (or other goods or services) via the Website is made between you and the party that lists the applicable tickets (or other goods or services) for sale. You release us from claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute arising from your purchase of tickets (or other goods or services) via the Website. We will however, do our best to try and resolve any disputes, claims or demands between you and a third party seller to the best of our ability.
5.3 Liability. In addition to the above, we shall in no circumstances be liable to you for any indirect or consequential losses or any loss of enjoyment or opportunity arising out of your use of the Website, including without limitation from your purchase of tickets or other goods or services (including any loss whatsoever arising from the cancellation or re-scheduling of an event). In respect of each transaction you make via the Website, our liability to you whether in contract, tort or otherwise shall be limited in aggregate to the total amount paid by you in relation to such transaction (except where the FanGuard guarantee may apply, in which case our total liability to you in respect of a transaction shall be 150% of the amount paid by you in relation to such transaction).
5.4 Event Loss. In any event, we shall not be liable for death or personal injury suffered by the client or their guests arising out of their attendance at, or travel to any event unless caused by our negligence. Neither shall we be liable for any loss or damage sustained to your property or belongings (or those of any person who use tickets purchased by you via the Website).
Nothing in this agreement is intended nor shall it be construed as an attempt by any party to exclude or limit its liability for any liability which cannot be excluded or limited under applicable law, including without limitation its liability for death or personal injury caused by its negligence or for its fraudulent misrepresentation.
5.5 Changes. We will not be liable for any cancellation of or alteration to any booking you make via the Website nor for any loss or damage suffered by you arising out of circumstances beyond our control including but not limited to any act of God, natural disaster, act of terrorism or other force majeure event.
6. Warranties
6.1 True information. You represent and warrant that the information you have submitted to us in your registration or order is true, accurate and complete. You agree not to use false names or addresses, or any other false information, in using the Website.
6.2 Legal Compliance. You represent and warrant that, during any interaction with the Website you will comply with all applicable local, regional, national and international laws. You also represent and warrant that you are 18 or over and therefore able to enter into legally binding contracts.
7. Information
7.1 Intellectual Property Rights. The content and software on this Website (including without limitation copyrights, trademarks, design rights, patents and other intellectual property rights) is the property of GMI and/or its suppliers and licensors and is fully protected by UK and international worldwide intellectual property laws. You may visit the Website and make a copy of pages on this Website for your personal non commercial use only. You may not without our permission reproduce, edit, publish or transmit any of the contents of this Website. You may use the Website to purchase tickets from sellers for your personal use only. All rights in the trade mark and logo “GET ME IN!” are expressly reserved to GMI and all goodwill derived from use of the “GET ME IN!” trade mark or logo accrues to GMI.
7.2 Third Party Information. We do not check the accuracy or honesty of the information provided by sellers which is made available through the Website. You may find other user's information which is listed on the Website to be offensive, harmful, inaccurate, or deceptive – if this is the case, please contact us and we will investigate the content and remove such content where applicable. By using this Website, you agree to take reasonable steps to manage and accept such risks and agree that we are not responsible for the acts or omissions of users on the Website except as related to our guarantee on your ticket purchase after a purchase has been confirmed.
8. Other Terms
8.1 Jurisdiction. This Agreement is governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the exclusive jurisdiction of the English Courts.
8.2 Notices. Except as expressly stated otherwise, all notices under this agreement should be sent by registered post to us at P.O Box 43 London WC2H 7LR. Except as expressly stated otherwise, all notices to you shall be sent to the email address you provided to us during the registration process. Such notice shall be deemed given one business day after the email is sent.
8.3 Entire Agreement. This Agreement (and all documents incorporated by reference) constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements and understandings between the parties hereto with respect to the subject matter hereof, whether written or oral. No amendment, modification or supplement of any provision of this Agreement will be valid or effective unless made in accordance with the express terms of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable under any circumstances, its application in any other circumstances and the remaining provisions of this Agreement shall not be affected.
8.4 Waiver. No failure or delay by GMI in exercising any of its rights under this Agreement should be deemed to be a waiver thereof and no waiver of a breach of a provision of this Agreement shall be deemed to be a waiver of any subsequent breach.
8.5 Assignment. You may not assign or transfer this Agreement, or any of its rights or obligations, without the prior written consent of GMI which we can refuse in our absolute discretion. Nothing in this Agreement is intended to confer benefits, rights or remedies unto any person or entity other than the parties hereto and their successors and permitted assigns.
8.6 Headings. The subject heading at the beginning of each paragraph of this Agreement is for reference purposes only and in no way defines, limits, construes or describes the scope or extent of such paragraph.