Ticketflash Terms and Conditions

1.1 Ticketflash or Ticketflashapp is a trading name of Lunarlight Atelier Limited (weus, and our), a company registered England (company number 09237206). The registered address of Lunarlight Atelier Limited is E4F Faraday Wharf, Holt Street, Birmingham, England, B7 4BB.  The following are terms and conditions (Terms) that govern use of both the Ticketflash website and the application both of which shall be referred to as the “App”.

1.2 By using or visiting the App, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the App. If you violate these Terms, we may terminate your use of the App, bar you from future use of the App, cancel your order, and/or take appropriate legal action against you. You should print a copy of these Terms for future reference. Use of your personal information submitted via this App is governed by our privacy policy.

1.3 We reserve the right to change these Terms at any time, effective immediately upon posting on the App. No such changes will be applied retrospectively to any Purchases you have already made with us. There terms were last updated on 4 March, 2018.

1.4 In these Terms we use various capitalised terms (they are “defined”). This means they have special meanings, found in the next section of these Terms.

1.5 These Terms and Conditions incorporate and should be read in accordance with the Venue and/or Promoter terms, conditions and regulations, copies of which are available upon request from the Venue. In the event of any inconsistency between the terms in relation to Venue or Promoter requirements, those of the Promoter shall prevail. If no Promoter, those of the Venue shall prevail. These Terms and Conditions are an extension of STAR’s Code of Practice which is available from STAR (0844 879 4272, www.star.org.uk)

2. Definitions

Merchant” means a third party partner of Lunarlight Atelier Limited who sells the events and services for which a Purchase can be made.

Purchase” or “Purchased” means the purchase of a Ticket.

Ticket” means a ticket for a particular Event from a Merchant, which is subject to any additional terms of entry set by the Merchant.

Event” means the events and/or services offered by a particular Merchant for which a Purchase can be made.

3. Your account

3.1 To use the App and make any Purchases, you must be 18 or over. By continuing to use the App and agreeing to these Terms you are representing to us that you are 18 and we can rely on this representation.

3.2 To register an account you will need to fill out a form on the mobile app or online. You warrant that the information you input is true, complete and accurate. You will promptly inform us of any changes to such information (you can do this by updated your account details at any time). The personal information you give us is governed by our privacy policy.

3.3 You are responsible for maintaining the confidentiality of your account and password and restricting access to your device to prevent unauthorised access to your account. You agree to take responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that your password is kept confidential and secure. You confirm that the contact information you provide is correct before creating a customer account or creating a new event.

4. Access to the App

4.1 We will do our best to ensure that access to the App will be uninterrupted and that our web and SMS transmissions are error free. However, due to the nature of the internet and mobile networks, this cannot be guaranteed. When necessary, your access may be suspended or restricted to allow for repairs, maintenance or the introduction of new facilities or changes to our App. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the App, or any features, parts or content of the App.

4.2 We grant you a limited licence to use the App to access and use our services for your own personal and non-commercial use, provided that you comply fully with these Terms.

4.3 We reserve the right to prevent you using the App 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.

4.4 We may change the format and content of the App from time to time. We reserve the right to modify, change, substitute or withdraw any Events or other information on our App. You agree that your use of the App is on an ‘as is’ and ‘as available’ basis and at your sole risk.

 

4.5 The App and the Events offered on the App are only directed at people who access the App and make Purchases in the UK. We do not represent that any Events are suitable outside the UK. If you choose to use the App or make a Purchase outside the UK, you do so at your own initiative.

5. What you are allowed to do

5.1 You may only use the App for non-commercial use and only in accordance with these Terms. You may retrieve and display content from the App on a computer or mobile device screen, print and copy individual pages and, subject to the next section, store such pages  in electronic form. Additional terms may also apply to certain features, parts or content of the App and, where they apply, they will be displayed before you access the relevant features, parts or content.

6. What you are not allowed to do

6.1 We grant you a limited licence to access and make personal use of App but not to download or modify any portion of it except with Our express written consent. This licence does not include any resale or commercial use of the App or its contents; any derivative use of the App or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar gathering and extraction tools. This app or any portion of the app may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without Our express consent.

 

6.2 You must not use the app in any way that causes, or is likely to cause, the App or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not we, are responsible for all electronic communications and content sent from your computer to us. You may use the App, our hashtags or our service for lawful purposes only. You may not use the App, our hashtags or our service for the following: Fraudulent purposes, or in connection with a criminal offence or other unlawful activity For the purpose of advertising, promoting, sending, using or reusing any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, chain letters or any “spam”

 

7. Monitoring use of our hashtags by users and other parties

7.1 Because our hashtags are incorporated into third party promotional material, social media and websites, it is not possible for us to be aware of the contents of every item incorporating our hashtags. We are not responsible for examining, evaluating or approving material which incorporates our hashtags or examining and approving events advertised using our hashtags. We do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their promotions We operate a “notice and withdraw” policy whereby we will withdraw access to our service where a party is identified as being in breach of our code of conduct as set out in this policy statement and where this breach is brought to our attention. If you believe that any such breach of our code of conduct, please notify us immediately by contacting us at monitoring@ticketflashapp.com

8. Our pricing

8.1 We make every effort to ensure that the prices displayed on our App are correct. However, we reserve the right to alter our pricing structure at any time. If an error is found, we reserve the right to either cancel your order or contact you to arrange payment of an extra sum. The processing of an order can be cancelled or corrected by us at any time until the event has been completed.

 

9. Intellectual property and copyright

9.1 Ticketflash and Ticketflashapp are trademarks of Lunarlight Atelier Limited. Our graphics, logos, page headers, scripts and service names are the trademarks or trade dress of Lunarlight Atelier Limited and/or our licensors. Our trademarks or trade dress are protected by United Kingdom and international copyright and database right laws and may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.

9.2 Except as expressly set out in these Terms, nothing in these Terms gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the App. If you print off, copy or store pages from the App (only as permitted by these terms and conditions), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.

9.3 You agree that by submitting any posting, images or other content for publication on the App (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.

9.4 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.

10. Customer privacy

Use of your personal information submitted via the App is governed by our privacy policy.

 

11. Purchasing Tickets

11.1 Your relationship with the Merchant

Except for a very small number of Events, 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. These additional terms, if any, shall be made known to you at the time of Purchase, and/or you may Contact Us for details.

11.2 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.

11.3 Since your contract is not with us, but with a Merchant, we may pass essential booking details to that Merchant (remember, they are not a part of our company, but are third parties to whom we act as agent for). The placing of an order to purchase a Ticket will constitute consent to us passing your details for this.

12. Customer complaints

12.1 We endeavour to respond to all customer complaints or queries within 7 working days. In the first instance, email complaints@ticketflashapp.com

12.2 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 Lunarlight Atelier Limited. Contact details for the Merchant will be provided in the app ticket. We will of course use our reasonable endeavours to assist you with providing feedback to the Merchant if you so request: Contact us.

12.3 Tickets

You will receive an electronic Ticket for your event within our App. Tickets must be used 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).

12.4 Tickets may be restricted to a maximum number within our App. Any such restriction shall be notified to You at the time You book the Tickets. We reserve the right to cancel Tickets purchased in excess of this number and without the Agent’s agreement, without prior notice unless the purchase of an excess was due to Our error

13. Delays and cancelled events

13.1 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 through the app, or by other electronic communication 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.

13.2 We do not assume any responsibility or liability for the actions, products, and services of any of the third parties promoting events through on Our App. Accordingly, we do not take responsibility, liability or make any commitment to reimburse any party for loss or inconvenience as a result of delays or cancellations of events promoted through our service. We are not responsible for losses that customers may incur due to delayed or cancelled events.

13.3 Process of purchasing

Tickets may be Purchased by clicking on the Events you wish to Purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us by completing the “Confirm Booking” stage within the App.

13.4 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 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.

13.5 Reproduction (for example by screen grabs), 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. However, we encourage you to Purchase Tickets and share or gift them to friends and family!

13.6 Additional terms

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 published purchase price.

13.7 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.

13.8 We may limit the number 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.

13.9 A Ticket shall not be used for advertising, promotions, contests or sweepstakes without the Merchant’s and our express written consent.

13.10 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.

13.11 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 including for health and safety. The management of the Venue also reserves the right to request that Ticket holders leave the Venue at any point on reasonable grounds and may take any appropriate action to enforce this right. 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.

14. Price and payment

14.1 The price of Tickets is as quoted on the App from time to time. Prices include VAT, if applicable, and fees. Prices are liable to change at any time, but changes will not affect Purchases where a purchase has been confirmed and completed.

14.2 Payment for all orders must be made by credit or debit card by entering such information in the App as part of the booking process.

14.3 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.

15. Resale / use of Tickets and property and our refunds policy

15.1 You may not re-sell Tickets purchased through our App. Transfers of Tickets are permitted, although there may be instances where transfers of Tickets may be prohibited for certain events subject to the specific terms and conditions of those events (for example but not exclusively limited to charity events or events where age restrictions may apply because of content of the entertainment or licensing requirements). Free Tickets are often provided for specific reasons limiting their transferability.

15.2 Tickets will be refunded in full provided you have completed, in full, the process in the App to return your Tickets at least 48  hours before the published start time of the event. If you return the ticket less than 48 hours before the event, we will calculate your refund based on the proportion, by value, of the returned tickets we subsequently resell. Once you have returned your Ticket, your action cannot be rescinded, and you have no preferential right to reclaim the Ticket as we will offer it to other users of our App.

15.3 Paying refunds

We will usually refund any money received from you using the same method originally used by you to pay for your purchase. Our payment provider submits refund requests to your customer’s bank or card issuer immediately. Your see the refund as a credit approximately 5-10 business days later, depending upon the bank. Once issued, a refund cannot be cancelled through the app.

You may reject a credit or refund within 30 days of receiving the credit or refund by notifying us in writing, but if you do not reject the credit or refund 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 Lunarlight Atelier Limited arising out of the Ticket or Purchase for which you received the credit or refund.

15.4 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 App are generally non-cancellable and non-refundable, although you may be entitled to a refund in certain circumstances. For more information, please contact your local Citizens Advice Bureau, phone numbers can be found on their national website at www.nacab.org.uk.

16. Our service standards

16.1 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 certain circumstances. 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.

16.2 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.

17. Our liability

17.1 Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

17.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with your use of, or inability to use, our site or your use of or reliance on any content displayed on it.

17.3 If you are a consumer user, please note that we only provide our site for domestic and private use.

17.4 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, 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 content on it, or on any website linked to our site.

17.5 If you are a business user, please note that in particular, we will not be liable for loss of profits, sales, business, or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation or any indirect or consequential loss or damage. Any liability we do have for losses you suffer arising from any Purchases shall not exceed 100{b8ca3ff23e25d7d3a34856484fbc6ae5e18ac7d718c840980cebdcdc977d3b36} 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 App (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.

17.6 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.

18. Dispute Resolution

18.1 In the first instance we request that you Contact Us if you have a complaint against us and we shall try to resolve it.

18.2 We shall deal with complaints by following the dispute resolution processes set out in the STAR Code of Practice. Please follow the link http://www.star.org.uk/starmembers/full-members/[lunarlight Atelier Limted] or Contact Us and we shall email or post you a copy of the Code if you request.

18.3 Nothing limits your right to bring a complaint against us by applying to your nearest court in England and Wales.

19. Suspension and termination

19.1 We may suspend or terminate all or part of your use of the App, your account and/or a Purchased Ticket if you use (or permit anyone other than you to use) the App, 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.

19.2 Any Ticket obtained in breach of these Terms and Conditions shall be void and all rights conferred or evidenced by such Ticket shall be void. Any person seeking to use such a void Ticket in order to gain or provide entry to an Event may be considered to be a trespasser and may be liable to be ejected and liable to legal action.

Void Tickets are non-refundable.

19.3 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.

20. Severability

20.1 These foregoing paragraphs, sub-paragraphs and clauses of these Terms shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found to be invalid it shall not affect the remaining paragraphs, sub-paragraphs or clauses.

 

21. Jurisdiction

These Terms shall be interpreted, construed and enforced in accordance with English Law and shall be subject to the exclusive jurisdiction of the Courts in England and Wales.

 

 

 

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