Effective on December 19, 2018
WAPPA LTD trading as Ticket Tannoy (Ticket Tannoy) offers a ticketing platform through its website www.tickettannoy.com (the WAPPA Site) where you can buy tickets for your favourite events (the Service). In addition to the Service, Ticket Tannoy also offers its registered users a platform where a Seller can re-sell their tickets after purchase to a Buyer, known as the exchange service (the Exchange Service).
The Customer Terms and Conditions are incorporated by reference into these Exchange Terms and it is recommended that you read these before using the Exchange Service.
The Agreement constitutes the entire agreement between us, and you. If there is any conflict between the Exchange Terms and any other document listed as part of the Agreement, the Exchange Terms shall prevail.
If you access or use the Exchange Service you acknowledge that you have read, and that you understand and agree to be bound by the Agreement in its entirety without limitation or qualification. If you accept or agree to this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the Agreement and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Certain areas of the Wappa Site and access to or use of certain aspects of the Exchange Service may have different terms and conditions, standards, guidelines, or policies posted or may require the acceptance of additional terms and conditions (jointly Additional Terms). If there is a conflict between this Agreement and any Additional Terms, the Additional Terms will take precedence with respect to the use of or access to that area of the service provided by Ticket Tannoy.
The following definitions apply in these Exchange Terms. Other terms not defined herein are as defined in the Customer Terms and Conditions.
Account has the meaning given to it in the Customer Terms and Conditions.
Account Credit has the meaning given to it in clause 4 of these Exchange Terms.
Buyer means an Account holder who wishes to purchase Eligible Tickets using the Exchange Service.
Eligible Tickets means Tickets which are listed on the Wappa Site as being eligible for resale.
Order Confirmation has the meaning given to it in the Customer Terms and Conditions.
Registration Data has the meaning given to it in the Customer Terms and Conditions.
Registered User means a person with an Account.
Resale: means a re-sale of Eligible Tickets using the Exchange Service.
Resale Confirmation: means an email sent to the email address specified in the Seller’s Registration Data confirming the Sale.
Resale End Date means the date and time at which the earlier of either (i) the Seller elects to withdraw their Eligible Tickets for re-sale using the Exchange Service in accordance with these Exchange Terms, or (ii) Ticket Tannoy determines that the Tickets are no longer Eligible Tickets.
Seller means an Account holder who wishes to sell Eligible Tickets using the Exchange Service.
Ticket(s) has the meaning given to it in the Customer Terms and Conditions.
To use the Exchange Service, a Seller must hold an Account and the tickets must be Eligible Tickets. It is in the sole discretion of Ticket Tannoy to determine whether tickets are Eligible Tickets.
To re-sell Eligible Tickets, a Seller should create a Resale Request within their Account. As part of the Resale Request, the Seller must include all the information required by the Wappa Site from time to time, including but not limited to the event name, date and venue.
By creating a Resale Request, the Seller agrees:
that the Eligible Tickets will be put in a queue with other Eligible Tickets being offered for re-sale, and will be sold in the order in which they are listed;
that Ticket Tannoy does not provide any form of guarantee that a Resale will occur prior to the Resale End Date;
that payment for any Resale will be made by means of an Account Credit applied to the Seller’s Account; and
that Ticket Tannoy may be required to use their information for marketing purposes, and accordingly the Seller grants Ticket Tannoy a non-exclusive, transferable, worldwide, paid-up, royalty-free licence to reproduce, modify, adapt, publish and display on the Wappa Site and on the sites of Ticket Tannoy’s marketing partners the information provided in the Resale Request.
In using the Exchange Service, the Seller represents and warrants that:
the Seller holds full title to the Tickets specified in the Resale Request, has the legal capacity to create the Resale Request and that such Tickets are not subject to any charges, claims or other encumbrances;
the information provided in the Resale Request, together with the Seller’s Registration Data, is complete, accurate and up to date, does not involve the sale of counterfeit or stolen items and does not violate any law, statute, ordinance or regulation; and
the Tickets specified in a Resale Request have not been offered and will not be offered for re-sale on any other website or through any other form of re-sale.
A Seller may change their mind and withdraw their Eligible Tickets for re-sale and cancel a Resale Request at any time, provided that any such cancellation must:
take place prior to the Resale End Date and prior to a Resale Confirmation being sent to the Seller in respect of those Tickets; and
be no less than 24 hours following the publishing of the Resale Request on the Wappa Site.
Any attempt to cancel a Resale Request after the sending of a Resale Confirmation shall be invalid.
Upon receipt of an offer for the Seller’s Eligible Tickets, Ticket Tannoy will send a Resale Confirmation to the Seller and will cancel any e-tickets previously issued to the Seller.
The Seller undertakes not to attempt to use (or allow the use of) any e-tickets issued by Ticket Tannoy which have been sold through the Exchange Service, and agrees that any claims, liabilities, costs or expenses incurred by Ticket Tannoy as a result of, or arising out of, the use of such e-tickets following their re-sale will be covered by the indemnity contained in the Customer Terms and Conditions.
The Seller agrees and acknowledges that payment for any Eligible Tickets which are successfully re-sold will be made by means of a credit which will be applied to the Seller’s Account on the Wappa Site (an Account Credit). Account Credit is subject to payment card verification and other security checks set out in the Customer Terms and Conditions.
Any such Account Credit shall not include any booking or administration fee originally payable by the Seller for the Eligible Tickets, and any booking or administration fee paid by the Buyer following re-sale of the Eligible Tickets. It is the sole responsibility of the Seller to determine whether they are required to pay any taxes, fees, charges or other amounts payable on any Account Credit.
An Account Credit may not be utilised by a Seller until showing in their Account, and no earlier than 24 hours following receipt of a Resale Confirmation.
Once showing in their Account, a Seller may:
withdraw all or any part of the Account Credit in accordance with the Agreement by requesting a payment to the account details provided in their Registration Data; or
utilise all or any part of the Account Credit to purchase Tickets.
Ticket Tannoy will update the Account Credit balance following any such payment or purchase. Once withdrawn or spent, it is not possible to re-credit all or any part of the Account Credit except in the event of manifest error.
The Seller is not permitted to assign or transfer any of their rights under these Exchange Terms, including any rights to any Account Credit.
To use the Exchange Service, a Buyer must hold an Account.
To purchase Eligible Tickets, the Buyer is required to register for availability notification in respect of those Eligible Tickets using the Wappa Site. The sale of Eligible Tickets will then proceed in the same way and subject to the same terms as if the Buyer had purchased Tickets pursuant to the Customer Terms and Conditions. Acceptance of an order for Eligible Tickets will take place when Ticket Tannoy sends an Order Confirmation to the Buyer.
The Customer Terms and Conditions are incorporated by reference into these Exchange Terms, and by using the Exchange Service, the Buyer and the Seller agree to adhere to the provisions of the Customer Terms and Conditions, including but not limited to Clause 6 (Intellectual Property), Clause 7 (Licence), Clause 8 (Prohibited Use), Clause 9 (General Purchase Information), Clause 11 (Restrictions), Clause 18 (Liability) and Clause 22 (Miscellaneous), as the same may be modified or amended from time to time.
Each of the Buyer and the Seller agrees and undertakes:
to take sole responsibility for any activities or actions undertaken through their Account, including but not limited to the spending of any Account Credit, whether or not they have authorised such activities or actions; and
to immediately notify Ticket Tannoy at [email protected] if they become aware of any unauthorised use of their Account, a password or account identifiers by others, or any attempt to abuse the Exchange Service, their Account, or their Account Credit.
These Exchange Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of England and Wales.
Each party agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Exchange Terms or their subject matter or formation.