General terms and conditions
Xtixs Terms and Conditions
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