1.1 Introduction. Welcome to xTixs' online ticket site (the "Site"). These Terms and Conditions (including any documents referred to in it) ("Agreement") list the terms of the agreement between you ("You") and xtixs Ltd ("xTixs" or "We" or "Us") for the buying and selling of tickets ("Tickets"), and all other services that We provide (the "Services"). By using our Site, You agree to accept this Agreement. 

1.2 xTixs services. xTixs provides a service that allows members who want to buy tickets ("Buyers") to find Members who organise events and who want to use the Services to sell tickets for those events ("Event Organisers"). xTixs does not take title to the underlying ticket (to the extent such title exists), and the actual transactions are between the Buyers and Event Organisers. xTixs is not the creator, organizer or owner of the events listed on the Services. Rather, xTixs provides its Services, which allow Event Organisers to promote their events. The Event Organiser is solely responsible for ensuring that any page displaying an event on the Services (and the event itself) meet all applicable local, state, provincial, national and other laws, rules and regulations, and that the goods and services described on the event page are delivered as described and in an accurate satisfactory manner. 

1.3 Modification. If We change this Agreement, We shall post a revised version of this Agreement, which shall automatically replace the terms of this Agreement. The revised version of this Agreement is automatically effective after it is initially posted on the Site. Your continued use of the Site and the Services following xTixs' posting of a revised Agreement 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, do not continue to use the Services or this Site. 

2.1 Requirements. To be a member of this Site, You must agree to accept the terms in this Agreement. You may only use the Services if You can legally enter into and form binding contracts. If You do not qualify, do not use the Services. 

2.2 Registration. We will not allow You to buy before You have registered with Us. To register, You must provide your real name, address, phone number, and email address. 

2.3 Username and Password. You will need a username and password to access the Site and use the Services. 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. 

2.4 Tax on Seller Proceeds. The Seller is responsible for determining whether it/he/she is required to account for VAT (UK or other), GST, sales tax or other similar fees (collectively, “Tax”) on the sale of the ticket. We take no responsibility for such issues. If the Seller is required to account for Tax on the sale of the ticket, the Seller should include the Tax (i.e., total) when setting ticket prices on the website. 

2.5 Making an Offer. A member who wants to buy a ticket first scans the xTixs database for tickets listed by Sellers that match the Buyer's desired tickets. Once the Buyer finds a matching ticket, the Buyer notifies xTixs with an "offer" that the Buyer is willing to purchase the ticket. Note that the Seller may or may not be required to charge you sales or value added tax on the sale of your ticket. Thus, the ticket price shown (before our fees) may include sales or value added tax (US or other) as appropriate. Please note this does not include any sales or value added tax that may be payable on xTixs’ fees. As a Buyer, You grant xTixs permission to charge your credit card, debit card, PayPal account, or bank account for the purchase of the selected tickets. 

2.6 Payment Authorization. When We receive an offer by credit or debit card, We obtain an authorization from the Buyer's credit or debit card equal to the price, booking fees and delivery fees for the tickets. We will also add sales or value added tax on our fees as applicable. The authorization will remain on the Buyer's credit or debit card until the sale is completed or the order is cancelled. When We receive an offer by PayPal, We will obtain an authorization from the Buyer's PayPal account equal to the price, booking fees and delivery fees for the tickets. We will also add sales or value added tax on our fees as applicable. When We receive an offer by bank transfer, We will check to see if the bank account is valid. 

2.7 Notification. Once We obtain an authorisation from the Buyer, We notify the Seller of the sale via email and/or telephone, and We confirm to the Seller that the Buyer is willing to pay the listed price, booking fees, delivery fees, and taxes on our fees. Please note, selling prices for tickets traded on xTixs may differ from their original ‘face value’ (i.e. the price it is sold for on the primary market). Additional information can be found in our FAQ’s and on the ticket details pages. 

2.8 Seller's Confirmation Obligation. Except as noted in Section 2.9 a), the Seller must confirm the order within forty eight (48) hours of the sale of the tickets. Sellers should use our automated online confirmation process. Sellers will be able to see the service fee and taxes on our fees before completing the sell process and committing to sell their tickets. Sellers have forty-eight (48) hours from the time of sale of the tickets to “Report a Problem” if they are unable to deliver the exact tickets listed for sale. Sellers can “Report a Problem” using the “Report a Problem” link on the online confirmation page. In the case a Seller has not confirmed a sale within forty eight (48) hours, or in the case a Seller “Reports a Problem” the Seller, including without limitation, may be subject to a replacement fee, other charges, and/or other consequences as specified in Section 5. 

2.9 a) Exception to Seller’s Obligation to Confirm. Sellers who commit to send tickets directly to xTixs are not required to confirm the order. Such sellers have no right to “Report a Problem” and the order is automatically confirmed immediately after the sale. If the listed ticket is not delivered, xTixs shall have the right to charge the Seller a replacement fee and other charges, as specified in Section 5. 

2.10 Collecting Payment. Typically, upon the Buyer completing the transaction, We collect payment from the Buyer for the listed price, booking fees, delivery fees, and taxes on our fees. In the case where multiple different Buyers are sharing the cost of a transaction and each paying part of the total amount (i.e. a ‘Split Payment’ transaction), we collect the payments within 24 hours of the first Buyer completing the transaction. At no time do We provide the Buyer's payment information to the Seller. The money is paid to us, and the Seller is compensated for the sale according to their selected payment method and the payment policy in the help pages. 

2.11 Ticket Fulfillment. Once the Seller lists tickets for sale, the Buyer purchases these tickets, and the Seller has confirmed the sale, the Seller is responsible for completing the transaction with the exact tickets the Seller has listed. Tickets sales must be fulfilled via the delivery method indicated at the time of sale directly to the Buyer and no later than the shipping deadline communicated to the seller at the time of sale (“Must Ship By Date”). If the Seller lists tickets for sale, confirms the sale and then is unable to deliver the exact tickets listed, xTixs reserves the right to cancel the Seller’s sale, find replacement tickets for the Buyer and the Sellers may be subject to a replacement fee, other charges, and/or other consequences, as specified in Section 5. Invalid tickets: If buyers are refused entry to the venue as a result of invalid tickets we may refund the buyer at any time. Invalid tickets are defined as anything where buyers are refused entry. We will collect proof where this is possible but in some cases xTixs reserves the right to refund the buyer and not pay the seller even if proof of non entry is not presented. In the event that an event is cancelled or re-scheduled, xTixs reserves the right to cancel a seller’s transaction. If for any reason your tickets are returned to Us or cannot be delivered We will attempt redelivery up to a maximum of three times. We endeavour to rearrange delivery with the customer or arrange a collection point. If this is also unsuccessful We will not offer a refund. We attempt to ensure all tickets are delivered in time for the event, time scale permitting We may require a venue or box office collection (‘pick-up’). 

2.12 Seller Payment. The Seller will be paid 5 - 8 days after event if the delivery of the tickets was successful to the buyer. We reserve the right to withhold payment if We have a good faith basis to believe such sales were unlawful or otherwise made in material violation of this agreement. 

2.13 Ticket Information. Event dates, times, venues and subject matter, which are listed on the ticket, may change. It is up to the Buyer to verify the most recent changes by contacting the box office or referring to official listings for any changes. 

2.14 Substituted Seat Locations. Ticket listings are a representation of actual seat location. Tickets may be substituted with comparable or better seat locations without the Buyers’ approval. 

3.1 No Warranty. Except for the express warranties stated in this agreement, xTixs provides the software, site and services on an "as is" basis and "as available" basis without any warranties of any kind. xTixs makes no warranty with respect to its software, any tickets, any event, the services xTixs provides, or that sellers or buyers will perform as promised, and xtixs expressly disclaims all such warranties, whether express, statutory or implied, including without limitation any warranties of quality, title, non-infringement of third party rights or fitness for a particular purpose. Some jurisdictions do not allow exclusions of implied warranties or limitations on how long an implied warranty lasts, so the above exclusion may not apply to you. 

3.2 Waiver of Consequential Damages; Liability Limit. xTixs expressly disclaims any responsibility for any lost profits or special, consequential, incidental, or exemplary damages (including without limitation indirect and special damages) that may result from the services, the site, or the suspension, termination or malfunction of the services or the site. xTixs' liability to You or anyone else in any circumstance is limited to the lesser of (a) $250, and (b) the total value of all tickets and other items you bought and/or sold via xTixs during the action allegedly giving rise to liability. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions or limitations may not apply to you. Under no circumstances is xTixs liable for any additional costs You incur if you purchase tickets from a third party for tickets you were unable to purchase on xTixs. 

3.3 Allocation of Risk. You acknowledge and agree that the foregoing disclaimers and limitations of liability represent reasonable allocations of risk, and that the pricing and other terms and conditions of this agreement reflect such allocations of risk. 

3.4 Release. We are not involved in the actual transactions between Buyers and Sellers. If You have a dispute with one or more members, You release xTixs and all affiliated companies, officers, directors, agents, parents, subsidiaries, legal representatives and employees from claims, demands and 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 such dispute. 

3.5 Tax Indemnity. You agree that xTixs is not responsible in any way for the accuracy or suitability of any payment of taxes to any entity on your behalf. You shall indemnify and hold xTixs and (if applicable) any parents, subsidiaries, affiliates, officers, directors, agents and employees harmless against all liabilities, costs, interest and expenses (including reasonable attorneys' fees) incurred by xTixs that arise out of any third party or governmental claim that involves, relates to or concerns (i) any local, regional, country, or international tax obligation or amounts due or owing under any tax regulation, law, order or decree or (ii) any dispute concerning the tax status of xTixs.

3.6 No Agency. You and xTixs are independent contractors, and no agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this Agreement. 

3.7 Third Party Information. We do not control the information provided by other users which is made available through the Site. You may find other user’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution when using the Site and remember that there are risks of dealing with people acting under false pretences. By using this Site, You agree to accept such risks and agree that xTixs is not responsible for the acts or omissions of users on the Site. 

3.8 All Sales are Final. All sales and bids are final. No refunds, cancellations or exchanges will be issued for date or time changes, partial performances, or lost tickets. 

3.9 Payment Plans. All bookings must be fanalized before the deadline. Any missed payment will result in forfeiture of tickets and loss of funds already paid, no exceptions 

3.10 Change or Suspension of Site. xTixs reserves the right at any time to modify or discontinue, temporarily or permanently, the Site or any part of the Site with or without notice. You agree that We shall not be liable to You or any third party for any modification, suspension or discontinuance of the Site or any Services under this agreement, for any reason. We do not guarantee continuous, uninterrupted or secure access to our service, and operation of our Site may be interfered with by numerous factors outside of our control. In addition, the Site could be unavailable during certain periods of time while it is being updated and modified. During this time, the Site will be temporarily unavailable. 

3.11 Notices. Except as expressly stated otherwise, all notices to xTixs shall be sent through the email form provided on the Site under the Contact Us link. Our street address is xtixs, 27 Old Gloucester Street, London, WC 1N3AX, United Kingdom.. 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. 

3.12 Permitted use. You are not permitted to use this website other than for the following, private, non-commercial purposes: (i) viewing this website; (ii) buying and/or selling tickets on this website; (iii) viewing transaction details; and (iv) making use of other facilities that may be provided by this website. The use of automated systems or software to extract data from this website for commercial purposes, (“screen scraping”) is strictly prohibited. 

4.1 Ownership of Intellectual Property. You acknowledge and agree that (i) our patents, trade marks, trade names, service marks, copyrights and other intellectual property (collectively, "Intellectual Property") is and shall remain our sole property, and (ii) nothing in this agreement shall confer in You any right of ownership or license rights in our Intellectual Property. 

4.2 Copyright. Copyright (c) 2017 - 2021, xtixs Ltd. The software and the Site, including without limitation all text, graphics, logos, buttons, images, audio clips, and computer programs, are the property of xTixs or its suppliers, and are protected by country and international copyright, trademark and other intellectual property laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of xTixs and protected by country and international copyright law. Any unauthorized reproduction, modification, distribution, transmission, republication, display, or performance of the software or the content on the Site is strictly prohibited.

4.3 Governing Law. This Agreement shall be governed by and interpreted in accordance with the Swiss laws. You consent to the exclusive personal jurisdiction and venue of UK courts. xtixs is registered in the UK, with the registered address: 27 Old Gloucester Street, London, WC 1N3AX, United Kingdom. 

4.4 Miscellaneous. 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. You may not assign or transfer this Agreement, or any of its rights or obligations, without the prior written consent of xTixs, which We can refuse in our sole 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. Our suppliers and co-brand partners are third-party beneficiaries of this Agreement. This does not prevent us from varying these terms without reference to them. The title 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

xTixs respects your privacy and protecting your information is paramount. We want you to be informed and empowered with respect to your privacy when you use our services. Please read this Privacy Notice carefully before using our website or apps or registering to use our services. Together with our Terms and Conditions and the Cookies Policy, this Privacy Notice sets out our views and practices regarding your personal data and how we use, process and treat the personal data you provide to us or we collect about you and the rights you have in relation to the protection of your personal data. 

The data controller of your personal data is xTixs Ltd, 27 Old Gloucester Street, London. WC 1N 3AX We use your information as further explained in this Privacy Notice. 

We may collect and process the following data about you: Information you give us. You may give us information about you when you register with our website or our apps or by communicating with us by phone, email, social media or otherwise. This includes information you provide when you create a customer account, use our services, provide us with identification information required to verify your identity or in connection with the issue of your tickets, provide us with feedback, participate in surveys, and when you report a problem with our website. The information you give us may include your name, address, email address, phone number, date of birth, copies of formal identity documents such as your passport of ID card and credit or debit card details.

Information we collect about you based on your use of our website or apps. Each time you visit our website or use our app we may automatically collect the following information: 

 Technical information, including the Internet protocol (IP) address used to connect your device to the Internet, your login information, browser type and version, time zone setting, operating system, device information (such as the model and version of your device), platform and; 

 Information about your visit, including products and events you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page and any data entered into the page during your visit; and 

 Location Data, including your precise location (longitude and latitude details with the time that the details are captured), which is provided by using information, such as your IP address or GPS sensors. We will only collect information about your location if you have provided consent for us to do so. 

Information we receive from other sources. We work closely with third parties including, for example, our fraud prevention providers and email address / telephone number verification service providers. We may receive information about you from these third parties to verify information you provide to us which helps us to identify suspicious or unusual transactions. 

Information collected from cookies. We and our service providers collect information about your use of our website using cookies. For information about our use of cookies and how to decline them or turn them off please read our Cookies Policy.

Recording telephone calls and other communications. We may monitor or record telephone conversations or other communications between you and us. 

Information you give to us or we collect from third parties on your behalf as part of our services. 

 Enable you to purchase tickets through our website, administer your account, manage your relationship with us, and to communicate with you by telephone, mail, email, text (SMS) message, instant messaging or other electronic means; 

 verify your identity as part of our identity authentication process and to prevent, detect and prosecute fraud and crime and to comply with our legal or regulatory requirements; 

 provide evidence of your identity to sellers in connection with the issue of tickets; notify you about changes to our services; 

 ensure that content from our website is presented in the most effective manner for you and your device; 

 aggregate your information on an anonymous basis with other data for data analytical and reporting purposes; 

 undertake analysis and profiling of your browsing history and purchases (and any other data provided by you or on your behalf or which we collect on your behalf) in order to identify and inform you of products and services that we consider are likely to interest you; 

 in combination with information we collect about you based on your use of our website, undertake testing and analysis of new products, services and website / app functionality to help us to assess the impact of these new features and improve the service we offer you; and 

 where you have provided your consent to receive marketing material from us, provide you with information about other products and services that are similar to those that you have already purchased or enquired about or about products or services that may be of interest to you. 

Information we collect about you based on your use of our website 

 to administer our website and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes; 

 to build up a picture of your interests so that you don’t miss information relevant to you when you visit our website; 

 to improve the service we offer you and to try and ensure that you get the best from our website, ensuring that content is tailored and presented in the most effective manner for you and for the devices you use to access it; 

 as part of our efforts to keep our website safe and secure;

to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you; and 

 to make suggestions and recommendations to you and other users of our website about products or services that may interest you or them. 

We also use the device information and battery charging information we collect from you to improve the performance of our apps and to refine the user experience while using our website and apps. For example, we use the device information to check whether any updates we are making will work on your tablet or phone, and to check how our apps are affecting your battery life.

Information we receive from other sources 

We combine this information with information you give to us and information we collect about you. We may use this information and the combined information for identity verification and fraud detection, prevention and prosecution purposes as set out above.

Recording telephone calls and other communications 

We will use telephone recordings or transcripts of communications to check your instructions to us, analyse, assess and improve our services to customers, for training and quality purpses and for the purposes of investigating any complaint you may make, or as evidence in any dispute or anticipated disputes between you and us. 

We also use technology to make decisions automatically about you 

We employ technology which uses logic to analyse transactions you enter into against the information we collect from you or from third parties about you. This helps us to identify unusual or suspicious transactions in order to detect and prevent fraud. What this means for you is that where an attempted transaction appears to be suspicious, unusual or otherwise out of the ordinary, we may automatically decline to proceed with the transaction. 

You’ve the right not to be subject to a decision based solely on automated processing, including profiling, which has legal consequences for you or similarly significant effects. While we’re confident that the technology works, if you have any questions about our automated decision making process, you can contact us via privacy@xtixs.com. 

We offer you the opportunity to receive marketing information from us. We will normally send direct marketing by email if we have your email address, but may choose to contact you via other methods, if you have provided your consent for us to market to you using these methods. 

If you consented to receive marketing communications when you registered and created a customer account, you can tell us that you do not wish to receive any more at any time by selecting the ‘unsubscribe’ option in the marketing communications we send or at any time by changing your account preferences. 

In addition to sharing your information with other members of our group (including our subsidiaries and affiliated companies), we may need to disclose your data to third parties in order to ensure that we can provide you with our services and to ensure effective operation of our website and the apps. 

We may share your information with the following third parties:

 other users and ticket sellers in order to enable them to verify your identity and/or provide you with tickets you have bought through our website or app (e.g. for the purposes of posting your tickets to you); 

 business partners, third party suppliers and our subcontractors (including delivery companies, payment providers and fraud prevention providers) to enable us to provide our services, operate our websites and app and to detect and prevent fraudulent transactions; 

 analytics and search engine providers that assist us in the improvement and optimisation of our website; 

 where we buy or sell any businesses or assets, we may disclose your information to the prospective buyer or seller (or their advisers) or if part or all of our assets or business are acquired by a third party, our customer data will be one of the assets transferred; 

 if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Terms of Use and other agreements; and 

 to protect the rights, property, or safety of us, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction. 

Additionally, where you have consented to receive cookies, we allow third parties such as Google and Doubleclick by Google to place cookies on your device in order to show you online advertising on other (non-xTixs) websites that you visit. Google will collect information about you (such as pages you have viewed and events you may be interested in) in order to select and serve relevant adverts to you. Further information about Google’s and Doubleclick’s use of cookies to deliver advertising content can be found on Google’s website here, and to opt-out of Google’s and Doubleclick’s use of cookies, you can control your Google advertising settings here. 

For information about our use of cookies (including by Google and Doubleclick) and how to decline them or turn them off please read our Cookies Policy. 

Ensuring that use of your information is lawful 

We take appropriate measures to ensure that all processing of your personal information by us, or by our service providers, is lawful. The lawful basis for the processing of your personal information will depend on the purposes for which we process your information. 

Much of the personal information we collect from you is necessary for us to provide our services to you in line with our Terms of Use This includes most of the information you provide to us when setting up a customer account and making transactions via our website or app. 

Some of the processing we conduct is necessary in pursuit of our legitimate interests in developing our website and apps and ensuring that they deliver relevant and focused content to you. We may profile your information, including by combining information we collect from you about your use of the website and apps with other information we hold about you, to help us to achieve these outcomes. 

We require your consent to process information we process for marketing purposes and to maintain your customer account with us. You don’t have to provide your consent, and can withdraw it at any time. However, if you do not provide us with consent to maintain a customer account, your account on our website and access to the associated services will be suspended or terminated. There are no consequences of withdrawing your consent for marketing purposes. 

Finally, sometimes we also need to process your personal information to comply with our legal obligations. This includes in relation to fraud prevention, sanctions screening checks, complaints and investigations or litigation. 

For information about your rights, see Your Privacy rights (which forms part of this Privacy Notice). 

We may transfer your personal information outside of the United Kingdom & European Economic Area (EEA) to other companies within our group, and to sellers and external suppliers based outside of the EEA. 

When transferring your personal information outside of the UK & EEA, we will (and will ensure that service providers acting on our behalf agree to) protect it from improper use or disclosure and ensure the same levels of protection are in place as are applied within the UK & EEA. 

We take the security of your personal data seriously. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access, loss or damage.

How long we keep your information will depend on the purpose for which we use it. While you are a customer of ours, we will only retain your information for as long as is necessary for those purposes. 

If your account is terminated (by you or us), we will keep your information for a period of up to 7 years after termination (unless a longer period is prescribed by law) for the purposes of responding to legal disputes and legal or regulatory enquiries or investigations. 

During and after expiry of this period, we will continue to use data which does not identify individual users in an aggregated form. We use this aggregated data for data analysis, trend identification and research purposes, for example to gain insights about our users and to make improvements to our website. 

If you are not satisfied with how we’ve handled your information, please contact VGL Support Services Ireland Limited via privacy@xtixs.com. 

If you are not satisfied with our response to your complaint or believe our processing of your information does not comply with data protection law, you can make a complaint to the Office of the Data Protection Commissioner at Canal House, Station Road, Portarlington, Co. Laois R32 AP23, Ireland. Tel: +353 (0761) 104 800 or on its website at www.dataprotection.ie.

This section explains your rights in relation to your personal information in more detail. The various rights are not absolute and are subject to certain exceptions or qualifications. 

We will respond to your requests in respect of your personal information free of charge (except in the following circumstances, where we may charge a reasonable fee to cover our administrative costs or may be entitled to refuse to respond manifestly unfounded or excessive/repeated requests, or further copies of the same information).

Please consider your request responsibly before submitting it. We’ll respond as soon as we can. Generally, this will be within one month from when we receive your request but, if the request is going to take longer to deal with, we’ll let you know. 

In order to exercise any of the rights described below, please contact via privacy@xtixs.com. 

You have the right to receive confirmation from us that your personal information is being processed; access to your personal information; and certain other details in relation to how we use your personal information (which is generally included in our Privacy Notice anyway).

You can request copies of paper and electronic records (including recorded calls, where applicable) about you that we hold, share or use. To deal with your request, we can ask for proof of your identity and enough personal information about you to enable us to locate the personal information you have requested. 

We can only provide you with your personal information, not personal information about another person. Also, where access would negatively affect another person’s rights, we’re not required to provide this. Due to legal privilege, we may not be able to show you anything that we learned in connection with a claim or legal proceeding.

When requesting access to your personal information, to help us respond to your request quickly, please clearly set out in your request the personal information that you would like. If this is not clear, we may need to ask for further information from you by way of clarification. 

You have the right to require us to correct inaccurate personal information that we hold about you. 

If you tell us that the personal information we hold on you is incorrect, we will review it and if we agree with you, we will correct our records. If we do not agree with you, we will let you know. If you believe the records we hold on you are still incorrect, you can let us know in writing, and we will include your statement when we give your personal information to any third parties. 

If you believe that we hold incomplete personal information about you, you may also have the right to have the information completed, including by providing a supplementary statement. Whether or not this right applies will depend on the purposes for which your personal information is being processed. 

We need to notify any third parties with whom we have shared your personal information that you have made a correction request. We will take reasonable steps to do this, but if it is not possible or costly we may not be able to do so. 

How You Can See and Correct Your Information 

Generally, if you ask us in writing, we will let you see the personal information that we hold about you, and/or take steps to correct any inaccurate information. 

Due to legal privilege, we may not be able to show you anything that we learned in connection with a claim or legal proceeding. 

When can you request deletion of your personal information? 

You have a right to have your personal information erased, and to prevent further processing of your personal information, where the personal information is no longer necessary for the purpose it was originally collected/processed, you withdraw your consent (where consent was previously provided and required for us to process the information), you object to the processing, as long as our legitimate interests in processing your personal information don’t take priority over your objection, we’ve been processing your personal information unlawfully, or your personal information has to be erased in order to comply with a legal obligation.

The right to erasure does not apply where your information is processed for certain specified reasons, including to establish, exercise or defend legal claims. 

More importantly, if we have to erase your data we will not be able to continue to provide you with our services, so please carefully consider any request to erase your personal information. 

Do we have to tell other recipients of your personal data about your erasure request? 

If you request that your personal information is deleted, and we have provided that information to any third parties, we need to inform them about your erasure request, so they can also erase the personal information in question. We will take reasonable steps to do this, but it may not always be possible. 

Third parties can also refuse erasure requests if one of the exemptions above applies (for example where third parties need your information to establish, exercise or defend legal claims). 

XTIXS LIMITED

1.1 Introduction. Welcome to xTixs' online ticket site (the "Site"). These Terms and Conditions (including any documents referred to in it) ("Agreement") list the terms of the agreement between you ("You") and xtixs Ltd ("xTixs" or "We" or "Us") for the buying and selling of tickets ("Tickets"), and all other services that We provide (the "Services"). By using our Site, You agree to accept this Agreement.

1.2 xTixs services. xTixs provides a service that allows members who want to buy tickets ("Buyers") to find Members who organise events and who want to use the Services to sell tickets for those events ("Event Organisers"). xTixs does not take title to the underlying ticket (to the extent such title exists), and the actual transactions are between the Buyers and Event Organisers. xTixs is not the creator, organizer or owner of the events listed on the Services. Rather, xTixs provides its Services, which allow Event Organisers to promote their events. The Event Organiser is solely responsible for ensuring that any page displaying an event on the Services (and the event itself) meet all applicable local, state, provincial, national and other laws, rules and regulations, and that the goods and services described on the event page are delivered as described and in an accurate satisfactory manner. 

1.3 Modification. If We change this Agreement, We shall post a revised version of this Agreement, which shall automatically replace the terms of this Agreement. The revised version of this Agreement is automatically effective after it is initially posted on the Site. Your continued use of the Site and the Services following xTixs' posting of a revised Agreement 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, do not continue to use the Services or this Site.

2.1 Requirements. To be a member of this Site, You must agree to accept the terms in this Agreement. You may only use the Services if You can legally enter into and form binding contracts. If You do not qualify, do not use the Services.

2.2 Registration. We will not allow You to buy before You have registered with Us. To register, You must provide your real name, address, phone number, and email address.

2.3 Username and Password. You will need a username and password to access the Site and use the Services. 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.

2.4 Tax on Seller Proceeds. The Seller is responsible for determining whether it/he/she is required to account for VAT (UK or other), GST, sales tax or other similar fees (collectively, “Tax”) on the sale of the ticket. We take no responsibility for such issues. If the Seller is required to account for Tax on the sale of the ticket, the Seller should include the Tax (i.e., total) when setting ticket prices on the website. 

2.5 Making an Offer. A member who wants to buy a ticket first scans the xTixs database for tickets listed by Sellers that match the Buyer's desired tickets. Once the Buyer finds a matching ticket, the Buyer notifies xTixs with an "offer" that the Buyer is willing to purchase the ticket. Note that the Seller may or may not be required to charge you sales or value added tax on the sale of your ticket. Thus, the ticket price shown (before our fees) may include sales or value added tax (US or other) as appropriate. Please note this does not include any sales or value added tax that may be payable on xTixs’ fees. As a Buyer, You grant xTixs permission to charge your credit card, debit card, PayPal account, or bank account for the purchase of the selected tickets.

2.6 Payment Authorization. When We receive an offer by credit or debit card, We obtain an authorization from the Buyer's credit or debit card equal to the price, booking fees and delivery fees for the tickets. We will also add sales or value added tax on our fees as applicable. The authorization will remain on the Buyer's credit or debit card until the sale is completed or the order is cancelled. When We receive an offer by PayPal, We will obtain an authorization from the Buyer's PayPal account equal to the price, booking fees and delivery fees for the tickets. We will also add sales or value added tax on our fees as applicable. When We receive an offer by bank transfer, We will check to see if the bank account is valid.

2.7 Notification. Once We obtain an authorisation from the Buyer, We notify the Seller of the sale via email and/or telephone, and We confirm to the Seller that the Buyer is willing to pay the listed price, booking fees, delivery fees, and taxes on our fees. Please note, selling prices for tickets traded on xTixs may differ from their original ‘face value’ (i.e. the price it is sold for on the primary market). Additional information can be found in our FAQ’s and on the ticket details pages.

2.8 Seller's Confirmation Obligation. Except as noted in Section 2.9 a), the Seller must confirm the order within forty eight (48) hours of the sale of the tickets. Sellers should use our automated online confirmation process. Sellers will be able to see the service fee and taxes on our fees before completing the sell process and committing to sell their tickets. Sellers have forty-eight (48) hours from the time of sale of the tickets to “Report a Problem” if they are unable to deliver the exact tickets listed for sale. Sellers can “Report a Problem” using the “Report a Problem” link on the online confirmation page. In the case a Seller has not confirmed a sale within forty eight (48) hours, or in the case a Seller “Reports a Problem” the Seller, including without limitation, may be subject to a replacement fee, other charges, and/or other consequences as specified in Section 5.

2.9 a) Exception to Seller’s Obligation to Confirm. Sellers who commit to send tickets directly to xTixs are not required to confirm the order. Such sellers have no right to “Report a Problem” and the order is automatically confirmed immediately after the sale. If the listed ticket is not delivered, xTixs shall have the right to charge the Seller a replacement fee and other charges, as specified in Section 5.

2.10 Collecting Payment. Typically, upon the Buyer completing the transaction, We collect payment from the Buyer for the listed price, booking fees, delivery fees, and taxes on our fees. In the case where multiple different Buyers are sharing the cost of a transaction and each paying part of the total amount (i.e. a ‘Split Payment’ transaction), we collect the payments within 24 hours of the first Buyer completing the transaction. At no time do We provide the Buyer's payment information to the Seller. The money is paid to us, and the Seller is compensated for the sale according to their selected payment method and the payment policy in the help pages.

2.11 Ticket Fulfillment. Once the Seller lists tickets for sale, the Buyer purchases these tickets, and the Seller has confirmed the sale, the Seller is responsible for completing the transaction with the exact tickets the Seller has listed. Tickets sales must be fulfilled via the delivery method indicated at the time of sale directly to the Buyer and no later than the shipping deadline communicated to the seller at the time of sale (“Must Ship By Date”).If the Seller lists tickets for sale, confirms the sale and then is unable to deliver the exact tickets listed, xTixs reserves the right to cancel the Seller’s sale, find replacement tickets for the Buyer and the Sellers may be subject to a replacement fee, other charges, and/or other consequences, as specified in Section 5. Invalid tickets: If buyers are refused entry to the venue as a result of invalid tickets we may refund the buyer at any time. Invalid tickets are defined as anything where buyers are refused entry. We will collect proof where this is possible but in some cases xTixs reserves the right to refund the buyer and not pay the seller even if proof of non entry is not presented. In the event that an event is cancelled or re-scheduled, xTixs reserves the right to cancel a seller’s transaction. If for any reason your tickets are returned to Us or cannot be delivered We will attempt redelivery up to a maximum of three times. We endeavour to rearrange delivery with the customer or arrange a collection point. If this is also unsuccessful We will not offer a refund. We attempt to ensure all tickets are delivered in time for the event, time scale permitting We may require a venue or box office collection (‘pick-up’).

2.12 Seller Payment. The Seller will be paid 5 - 8 days after event if the delivery of the tickets was successful to the buyer. We reserve the right to withhold payment if We have a good faith basis to believe such sales were unlawful or otherwise made in material violation of this agreement.

2.13 Ticket Information. Event dates, times, venues and subject matter, which are listed on the ticket, may change. It is up to the Buyer to verify the most recent changes by contacting the box office or referring to official listings for any changes.

2.14 Substituted Seat Locations. Ticket listings are a representation of actual seat location. Tickets may be substituted with comparable or better seat locations without the Buyers’ approval.

3.1 No Warranty. Except for the express warranties stated in this agreement, xTixs provides the software, site and services on an "as is" basis and "as available" basis without any warranties of any kind. xTixs makes no warranty with respect to its software, any tickets, any event, the services xTixs provides, or that sellers or buyers will perform as promised, and xtixs expressly disclaims all such warranties, whether express, statutory or implied, including without limitation any warranties of quality, title, non-infringement of third party rights or fitness for a particular purpose. Some jurisdictions do not allow exclusions of implied warranties or limitations on how long an implied warranty lasts, so the above exclusion may not apply to you.

3.2 Waiver of Consequential Damages; Liability Limit. xTixs expressly disclaims any responsibility for any lost profits or special, consequential, incidental, or exemplary damages (including without limitation indirect and special damages) that may result from the services, the site, or the suspension, termination or malfunction of the services or the site. xTixs' liability to You or anyone else in any circumstance is limited to the lesser of (a) $250, and (b) the total value of all tickets and other items you bought and/or sold via xTixs during the action allegedly giving rise to liability. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions or limitations may not apply to you. Under no circumstances is xTixs liable for any additional costs You incur if you purchase tickets from a third party for tickets you were unable to purchase on xTixs.

3.3 Allocation of Risk. You acknowledge and agree that the foregoing disclaimers and limitations of liability represent reasonable allocations of risk, and that the pricing and other terms and conditions of this agreement reflect such allocations of risk.

3.4 Release. We are not involved in the actual transactions between Buyers and Sellers. If You have a dispute with one or more members, You release xTixs and all affiliated companies, officers, directors, agents, parents, subsidiaries, legal representatives and employees from claims, demands and 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 such dispute.

3.6 No Agency. You and xTixs are independent contractors, and no agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this Agreement.

3.7 Third Party Information. We do not control the information provided by other users which is made available through the Site. You may find other user’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution when using the Site and remember that there are risks of dealing with people acting under false pretences. By using this Site, You agree to accept such risks and agree that xTixs is not responsible for the acts or omissions of users on the Site.

3.8 All Sales are Final. All sales and bids are final. No refunds, cancellations or exchanges will be issued for date or time changes, partial performances, or lost tickets.

3.9 Change or Suspension of Site. xTixs reserves the right at any time to modify or discontinue, temporarily or permanently, the Site or any part of the Site with or without notice. You agree that We shall not be liable to You or any third party for any modification, suspension or discontinuance of the Site or any Services under this agreement, for any reason. We do not guarantee continuous, uninterrupted or secure access to our service, and operation of our Site may be interfered with by numerous factors outside of our control. In addition, the Site could be unavailable during certain periods of time while it is being updated and modified. During this time, the Site will be temporarily unavailable.

3.10 Notices. Except as expressly stated otherwise, all notices to xTixs shall be sent through the email form provided on the Site under the Contact Us link. Our street address is xtixs, 27 Old Gloucester Street, London, WC 1N3AX, United Kingdom.. 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.

3.11 Permitted use. You are not permitted to use this website other than for the following, private, non-commercial purposes: (i) viewing this website; (ii) buying and/or selling tickets on this website; (iii) viewing transaction details; and (iv) making use of other facilities that may be provided by this website.The use of automated systems or software to extract data from this website for commercial purposes, (“screen scraping”) is strictly prohibited.

4.1 Ownership of Intellectual Property. You acknowledge and agree that (i) our patents, trade marks, trade names, service marks, copyrights and other intellectual property (collectively, "Intellectual Property") is and shall remain our sole property, and (ii) nothing in this agreement shall confer in You any right of ownership or license rights in our Intellectual Property. 

4.3 Governing Law. This Agreement shall be governed by and interpreted in accordance with the Swiss laws. You consent to the exclusive personal jurisdiction and venue of UK courts. xtixs is registered in the UK, with the registered address: 27 Old Gloucester Street, London, WC 1N3AX, United Kingdom.

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The BPM Festival

xTixs respects your privacy and protecting your information is paramount. We want you to be informed and empowered with respect to your privacy when you use our services. Please read this Privacy Notice carefully before using our website or apps or registering to use our services. Together with our Terms and Conditions and the Cookies Policy, this Privacy Notice sets out our views and practices regarding your personal data and how we use, process and treat the personal data you provide to us or we collect about you and the rights you have in relation to the protection of your personal data. 

The data controller of your personal data is xTixs Ltd, 27 Old Gloucester Street, London. WC 1N 3AX We use your information as further explained in this Privacy Notice. 

We may collect and process the following data about you:Information you give us. You may give us information about you when you register with our website or our apps or by communicating with us by phone, email, social media or otherwise. This includes information you provide when you create a customer account, use our services, provide us with identification information required to verify your identity or in connection with the issue of your tickets, provide us with feedback, participate in surveys, and when you report a problem with our website. The information you give us may include your name, address, email address, phone number, date of birth, copies of formal identity documents such as your passport of ID card and credit or debit card details.

Information we collect about you based on your use of our website or apps. Each time you visit our website or use our app we may automatically collect the following information:

 Technical information, including the Internet protocol (IP) address used to connect your device to the Internet, your login information, browser type and version, time zone setting, operating system, device information (such as the model and version of your device), platform and;

 Information about your visit, including products and events you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page and any data entered into the page during your visit; and

 Location Data, including your precise location (longitude and latitude details with the time that the details are captured), which is provided by using information, such as your IP address or GPS sensors. We will only collect information about your location if you have provided consent for us to do so.

Information we receive from other sources. We work closely with third parties including, for example, our fraud prevention providers and email address / telephone number verification service providers. We may receive information about you from these third parties to verify information you provide to us which helps us to identify suspicious or unusual transactions.

Recording telephone calls and other communications. We may monitor or record telephone conversations or other communications between you and us. 

Information you give to us or we collect from third parties on your behalf as part of our services.

 Enable you to purchase tickets through our website, administer your account, manage your relationship with us, and to communicate with you by telephone, mail, email, text (SMS) message, instant messaging or other electronic means;

 verify your identity as part of our identity authentication process and to prevent, detect and prosecute fraud and crime and to comply with our legal or regulatory requirements;

 provide evidence of your identity to sellers in connection with the issue of tickets; notify you about changes to our services;

 ensure that content from our website is presented in the most effective manner for you and your device;

 aggregate your information on an anonymous basis with other data for data analytical and reporting purposes;

  undertake analysis and profiling of your browsing history and purchases (and any other data provided by you or on your behalf or which we collect on your behalf) in order to identify and inform you of products and services that we consider are likely to interest you;

 in combination with information we collect about you based on your use of our website, undertake testing and analysis of new products, services and website / app functionality to help us to assess the impact of these new features and improve the service we offer you; and

 where you have provided your consent to receive marketing material from us, provide you with information about other products and services that are similar to those that you have already purchased or enquired about or about products or services that may be of interest to you. 

Information we collect about you based on your use of our website 

  to administer our website and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;

 to build up a picture of your interests so that you don’t miss information relevant to you when you visit our website;

 to improve the service we offer you and to try and ensure that you get the best from our website, ensuring that content is tailored and presented in the most effective manner for you and for the devices you use to access it;

 as part of our efforts to keep our website safe and secure;

 to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you; and

 to make suggestions and recommendations to you and other users of our website about products or services that may interest you or them.

Information we receive from other sources

Recording telephone calls and other communications

We will use telephone recordings or transcripts of communications to check your instructions to us, analyse, assess and improve our services to customers, for training and quality purposes and for the purposes of investigating any complaint you may make, or as evidence in any dispute or anticipated disputes between you and us.

We also use technology to make decisions automatically about you

We employ technology which uses logic to analyse transactions you enter into against the information we collect from you or from third parties about you. This helps us to identify unusual or suspicious transactions in order to detect and prevent fraud. What this means for you is that where an attempted transaction appears to be suspicious, unusual or otherwise out of the ordinary, we may automatically decline to proceed with the transaction.

You’ve the right not to be subject to a decision based solely on automated processing, including profiling, which has legal consequences for you or similarly significant effects. While we’re confident that the technology works, if you have any questions about our automated decision making process, you can contact us via privacy@xtixs.com.

We offer you the opportunity to receive marketing information from us. We will normally send direct marketing by email if we have your email address, but may choose to contact you via other methods, if you have provided your consent for us to market to you using these methods.

If you consented to receive marketing communications when you registered and created a customer account, you can tell us that you do not wish to receive any more at any time by selecting the ‘unsubscribe’ option in the marketing communications we send or at any time by changing your account preferences.

In addition to sharing your information with other members of our group (including our subsidiaries and affiliated companies), we may need to disclose your data to third parties in order to ensure that we can provide you with our services and to ensure effective operation of our website and the apps.

 other users and ticket sellers in order to enable them to verify your identity and/or provide you with tickets you have bought through our website or app (e.g. for the purposes of posting your tickets to you);

 business partners, third party suppliers and our subcontractors (including delivery companies, payment providers and fraud prevention providers) to enable us to provide our services, operate our websites and app and to detect and prevent fraudulent transactions;

 analytics and search engine providers that assist us in the improvement and optimisation of our website;

 where we buy or sell any businesses or assets, we may disclose your information to the prospective buyer or seller (or their advisers) or if part or all of our assets or business are acquired by a third party, our customer data will be one of the assets transferred;

 if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Terms of Use and other agreements; and

 to protect the rights, property, or safety of us, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

Additionally, where you have consented to receive cookies, we allow third parties such as Google and Doubleclick by Google to place cookies on your device in order to show you online advertising on other (non-xTixs) websites that you visit. Google will collect information about you (such as pages you have viewed and events you may be interested in) in order to select and serve relevant adverts to you. Further information about Google’s and Doubleclick’s use of cookies to deliver advertising content can be found on Google’s website here, and to opt-out of Google’s and Doubleclick’s use of cookies, you can control your Google advertising settings here.

For information about our use of cookies (including by Google and Doubleclick) and how to decline them or turn them off please read our Cookies Policy.

Ensuring that use of your information is lawful

We take appropriate measures to ensure that all processing of your personal information by us, or by our service providers, is lawful. The lawful basis for the processing of your personal information will depend on the purposes for which we process your information.

Much of the personal information we collect from you is necessary for us to provide our services to you in line with our Terms of Use This includes most of the information you provide to us when setting up a customer account and making transactions via our website or app.

Some of the processing we conduct is necessary in pursuit of our legitimate interests in developing our website and apps and ensuring that they deliver relevant and focused content to you. We may profile your information, including by combining information we collect from you about your use of the website and apps with other information we hold about you, to help us to achieve these outcomes.

We require your consent to process information we process for marketing purposes and to maintain your customer account with us. You don’t have to provide your consent, and can withdraw it at any time. However, if you do not provide us with consent to maintain a customer account, your account on our website and access to the associated services will be suspended or terminated. There are no consequences of withdrawing your consent for marketing purposes.

Finally, sometimes we also need to process your personal information to comply with our legal obligations. This includes in relation to fraud prevention, sanctions screening checks, complaints and investigations or litigation.

For information about your rights, see Your Privacy rights (which forms part of this Privacy Notice).

We may transfer your personal information outside of the United Kingdom & European Economic Area (EEA) to other companies within our group, and to sellers and external suppliers based outside of the EEA.

When transferring your personal information outside of the UK & EEA, we will (and will ensure that service providers acting on our behalf agree to) protect it from improper use or disclosure and ensure the same levels of protection are in place as are applied within the UK & EEA.

How long we keep your information will depend on the purpose for which we use it. While you are a customer of ours, we will only retain your information for as long as is necessary for those purposes.

If your account is terminated (by you or us), we will keep your information for a period of up to 7 years after termination (unless a longer period is prescribed by law) for the purposes of responding to legal disputes and legal or regulatory enquiries or investigations.

Imprint

The BPM Festival

Organizer

Ticket Service Provider