Terms and Conditions
1.1 Introduction. Welcome to SeatSurfer’s online ticket exchange (the "Site"). These Terms and Conditions (including any documents referred to in it) ("Agreement") list the terms of the agreement between you ("You") and SeatSurfer ("SeatSurfer" 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 Exchanging of Tickets. SeatSurfer provides a service that allows members who want to buy tickets ("Buyers") to find members who want to sell tickets ("Sellers"). SeatSurfer does not take title to the underlying ticket and the actual transactions are between the Buyers and Sellers.
1.3 PayPal Protection. All transactions made through SeatSurfer.co.uk are made through PayPal. If one of the parties does not fulfill their side of the deal, SeatSurfer will take appropriate action to ensure both parties are protected.
2.1 Member 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 Signing Up. We will not allow You to buy or sell tickets before You have registered with Us. To register, You must provide your real name, address, phone number, and email address.
2.3 Account Details. 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 Listing Tickets. To sell tickets, a Seller lists the tickets in the Site database. As part of the listing process, the Seller assigns a price to the tickets and provides information including but not limited to the event, date, section, seat, and row, and sale end date, all in accordance with the process outlined in the help pages. When listing seated tickets, all tickets in the same listing must be consecutive seats. If tickets are not consecutive, then the Seller must create a separate listing. If a Seller sends tickets that are not consecutive, but listed them as so, SeatSurfer may cancel the sale, as specified in Section 5. “Piggyback” tickets may not be sold in the same listing. “Piggyback” tickets are for seats that are directly behind each other. To list as a Seller, You must provide a valid PayPal address. You also grant Us a non-exclusive, transferable, worldwide, paid-up, royalty-free right and license to reproduce, modify, adapt, publish and display on the Site and on the sites of our marketing partners your descriptions of tickets listed for sale. This is so we can promote the sale of tickets and items that You list for sale.
2.5 VAT on Sales. The Seller is responsible for determining whether it/he/she is required to account for VAT on the sale of the ticket. We take no responsibility for such issues. If the Seller is required to account for VAT (UK or other) on the sale of the ticket, the Seller should include the VAT (i.e., total) price when setting ticket prices on the website. Note that this is separate from any VAT SeatSurfer is required to charge on its fees.
2.6 PayPal Payment. Whether you are a Buyer or a Seller using SeatSurfer.co.uk, all payment transactions and the authorisation of those transactions will be handled by PayPal. SeatSurfer will never charge your debit/credit card.
2.7 Notification of Sale. 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 SeatSurfer 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 Collecting Payment. Upon confirmation that the Buyer has made the purchase through SeatSurfer, the PayPal transaction will be made and the money will be held by SeatSurfer (This will be paid to the Seller 3-5 working days after the event has passed). Once the Sellers tickets have been sold You must ship the tickets to the Buyer’s address that is provided on the Site at the latest 3 working days before the event takes place.
2.9 Seller Fulfilment. Once the Seller lists tickets for sale, the Buyer purchases these tickets, and the PayPal transaction is complete, 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 (normally 3 working days before the event is to take place).
If the Seller lists tickets for sale and they are purchased by a Buyer, then cannot provide the exact tickets that they listed, SeatSurfer reserves the right to charge the seller 20% of the total sale price, and if this is a repeating issue with a Seller, SeatSurfer reserves the right to void Your account.
2.10 Seller Payment. The Seller will be paid into their PayPal account on file within 3-5 working days of the concert taking place.
2.11 Ticket Details. 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.
2.12 Claims under SeatSurfer. If You receive tickets from the Seller that are not the tickets you ordered or tickets that are invalid and not honoured at the venue, we strongly advise you to Contact the Seller first through the online chat system. Any issues that require further action should be taken up with our contact team, who can refund You if necessary. Should you experience problems with your tickets on the day of the event you must contact SeatSurfer within 48 hours of the incident to report the issue. In certain circumstances, you may be required to complete a Dispute Claim Form and provide additional information in order to claim a refund. SeatSurfer reserves the right to prohibit anyone who brings a fraudulent claim from having further access to our website.
3.1 Accuracy of Descriptions. For all tickets You list as the Seller, You warrant that Your descriptions of the tickets accurately detail and describe the tickets offered for sale. You also warrant that you own the tickets.
3.2 Laws & Regulations. You warrant that You will comply with all applicable local, regional, country and international laws, statutes and regulations regarding use of the Site and selling value of the tickets. You warrant that you are over 18 years old and have the legal capacity to make the transaction.
3.3 Indemnity. You agree to indemnify and hold SeatSurfer and (if applicable) any parent, subsidiaries, affiliates, officers, directors, solicitors, agents and employees, harmless against all liabilities, costs and expenses (including reasonable solicitors’ fees) incurred by SeatSurfer and (if applicable) any parents, subsidiaries, affiliates, officers, directors, agents, solicitors and employees that arise out of any claim asserted by a third party that involves, relates to or concerns any of your actions or omissions on this Site.
4.1 Double Selling and Removal of Tickets. To post a ticket for sale on SeatSurfer You must first register with the Site. Once a ticket is posted, We strongly discourage posting that ticket for sale elsewhere. If You do post your ticket for sale on other marketplaces, you are required to remove your ticket from the Site immediately if your ticket sells elsewhere. Except as provided herein, You agree not to promote the sale of tickets posted on SeatSurfer through any other site. We reserve the right to prohibit users from posting tickets on SeatSurfer if they are not able to provide the exact tickets they posted on SeatSurfer.
4.2 Stolen Property. The sale of stolen property on SeatSurfer is strictly forbidden and violates local, country and international law. SeatSurfer strongly supports law enforcement efforts to recover stolen property that is listed on the Site, and urges the prosecution of those responsible for knowingly attempting to sell such items on the Site. Stolen property includes items taken from private individuals, as well as property taken without authorisation from companies or governments.
4.3 Promotional Material with Tickets. The Buyer name and address is provided to Sellers for the sole purpose of delivering the specific purchased ticket(s) and may not be used by the Seller for any other purpose, either in connection with such delivery(ies) or separately from such delivery(ies). You agree not to include in your delivery to the Buyer any promotional or other commercial material that is not provided or approved by Us, other than a VAT invoice if relevant and if requested by the Buyer and SeatSurfer . This includes, without limitation, material that announces a website or invites the Buyer to visit a website other than SeatSurfer, catalogues, business cards, business reply cards, bookmarks, coupons, flyers, solicitations or other marketing or advertising material. Including any such items constitutes a material breach of these terms and conditions. You also agree not to separately contact the Buyer at any time for any reason. Note that SeatSurfer will void Your sale and selling account if this is the case.
5.1 Investigations. We may investigate complaints and violations of our policies. You agree to cooperate fully with such investigations, including without limitation providing Us specific information regarding your right to a ticket, the source of a ticket, your acquisition of a ticket, and the price You paid for a ticket.
5.2 Violations, Termination and Suspension. We may take any action that We deem appropriate in our sole discretion including without limitation issuing a warning, suspending or terminating service, denying access, removing a listing or recommending You edit a listing.
5.3 Disclosure Information. You agree that We may report any activity that We suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other relevant third parties. We will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
5.4 Making Adjustments with Sales or Purchases. If (a) a sale is cancelled for any reason; (b) we reasonably believe that you have committed fraud or other illegal act or omission during any buying or selling activity; (c) subject to the exceptions set forth in Section 2.10 and 2.15, you aren't able to deliver the exact seats that you listed on the Site or send the tickets (and related passes if any) on or before the Must Ship By Date or you otherwise fail to fulfil the sale of your tickets or related passes; (e) you send incorrect, misrepresented, invalid, fraudulent or counterfeit tickets or related passes for any sale or portion of a sale You then authorise SeatSurfer to take action in any way we feel is right. This could be the voiding of your sales, account and payments. You will not receive payment for Your tickets if You cannot provide the tickets You have sold as a Seller on SeatSurfer.
6.1 Warranty. Except for the express warranties stated in this agreement, We provide the software, site and services on an "as is" basis and "as available" basis without any warranties of any kind. We make no warranty with respect to the software, tickets, events, and services provided on the Site, or that sellers or buyers will perform as promised, and We expressly disclaim 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.
6.2 Waiver of Consequential Damages. We expressly disclaim 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. Our liability to You or anyone else in any circumstance is limited to the lesser of (a) £200, and (b) the total value of all tickets and other items you bought and/or sold via the Site 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 are We liable for any additional costs You incur if you purchase tickets from a third party for tickets you were unable to purchase on the Site.
6.3 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.
6.4 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 SeatSurfer 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.
6.5 Tax Indemnity. You agree that We are 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 SeatSurfer and (if applicable) any parents, subsidiaries, affiliates, officers, directors, agents and employees harmless against all liabilities, costs, interest and expenses (including reasonable solicitors' fees) incurred by SeatSurfer 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 SeatSurfer.
6.6 No Agency. You and We are independent contractors, and no agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this Agreement.
6.7 Third Party Info. 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 SeatSurfer is not responsible for the acts or omissions of users on the Site.
6.8 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.
6.9 Change or Suspension of Site. We reserve 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.
6.10 Notices. Except as expressly stated otherwise, all notices to SeatSurfer shall be sent through the email form provided on the Site under the Contact Us link. Our address is SEATSURFER LIMITED, Mottram House 43 Greek Street Stockport SK3 8AX. 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.
7.1 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. In addition, You shall not now or in the future contest the validity of SeatSurfer's Intellectual Property.
7.2 Copyright. Copyright (c) 2015-2016, SEATSURFER LIMITED. The software and the Site, including without limitation all text, graphics, logos, buttons, images, audio clips, and computer programs, are the property of SeatSurfer 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 SeatSurfer 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.
7.4 Other. 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 SeatSurfer, 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.
Contact Details. [email protected] Mottram House, 43 Greek Street, Stockport, SK3 8AX