Terms and conditions of use

Sections in this page:
1.TERMS OF WEBSITE USE
2.TICKET SALES TERMS AND CONDITIONS
3.WEBSITE ACCEPTABLE USE POLICY
4.GIGBOO EVENT PROMOTER AGREEMENT

1.TERMS OF WEBSITE USE

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website: www.gigboo.com (“our site”), whether as a guest or a registered user. Please read these terms of use carefully before you start to use our site. 

By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, you must not use our site.

Our Acceptable Use Policy and Privacy Policy and event promoter agreement can be found below.

a.INFORMATION ABOUT US

Our sites are operated by Gigboo (“we”, “our” or “Gigboo”).  Our trading address is Unit 8, City Trading Estate, Icknield Square, Birmingham, B16 0PP.

b.ACCESSING OUR SITE

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

You are responsible for making all arrangements necessary for you to have access to our site.  You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them. 

c.INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our site. Those works are protected by intellectual property laws and treaties around the world.  All such rights are reserved. 

You retain your rights to any materials (text, artwork, graphics, photos or other content) you submit, post, upload or display on our site. By submitting, posting or displaying such materials to our site, you grant us a worldwide, non-exclusive, royalty-free licence (with the right to sub licence) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such materials in any and all media or distribution methods (now known or later developed).

You agree that this licence includes the right for us to provide, promote, and improve our site and to make materials submitted to or through our site available to other companies, organizations or individuals who partner with us for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such materials use.

We may modify or adapt the materials submitted in order to transmit, display or distribute such materials over computer networks and in various media and/or make changes to your material as are necessary to conform and adapt that content to any requirements or limitations of any networks, devices, services or media.

You are responsible for your use of our site, for any materials you provide, and for any consequences thereof, including the use of your materials by other users and our third party partners. You understand that your materials may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit the materials for such use, it may subject you to liability. We will not be responsible or liable for any use of your materials in accordance with these terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any materials that you submit and that such materials are compliant with the provisions contained in our Acceptable Use Policy which can be found below. 

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. 

You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

Images of people or places displayed on our site are either the property of, or used with permission by us. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these terms of use or specific permission provided elsewhere on our site. Any unauthorised use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

d.RELIANCE ON INFORMATION POSTED

Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed.  We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

e.OUR SITE CHANGES REGULARLY

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material. 

f.OUR LIABILITY

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude:

• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

• loss of income or revenue;

• loss of business;

• loss of profits or contracts;

• loss of anticipated savings;

• loss of data;

• loss of goodwill; and

any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

g.INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

We process information about you in accordance with our Privacy Policy (see Privacy Policy below). By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

h.TRANSACTIONS CONCLUDED THROUGH OUR SITE

We may from time to time allow for the ability to conclude transactions for the supply of goods or services or information through our site.  Contracts for the supply of goods or services or information formed through our site or as a result of visits made by you shall be governed by our terms and conditions of supply which you should read.

i.UPLOADING MATERIAL TO OUR SITE

We provide features that allow you to upload material to our site, or to make contact with other users of our site, as stated above if you make use of such feature then you must comply with the content standards set out in our Acceptable Use Policy (see Acceptable Use Policy below). You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.  

Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.

We have the right to remove any material or posting you make on our site.

j.VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. 

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

k.LINKING TO OUR SITE

You may link to our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you. 

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy (see Acceptable Use Policy below).

If you wish to make any use of material on our site other than that set out above, please address your request to info@gigboo.com.

l.LINKS FROM OUR SITE

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.  We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. 

m.JURISDICTION AND APPLICABLE LAW

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.  These terms of use are governed by English law.

n.TRADE MARKS

The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on our site are registered and unregistered Trademarks of ours and others, [including but not limited to the registered UK trade marks number 3038755 for GIGBOO and number 3038755 for the Gigboo device]. Nothing contained on our site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on our site without our written permission or the written permission of such third party that may own the Trademarks displayed on our site. Your misuse of the Trademarks displayed on our site, or any other content on our site, except as provided in these Terms and Conditions, is strictly prohibited. 

o.VARIATIONS

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

p.YOUR CONCERNS AND SENDING US MATERIAL

If you have any concerns about material which appears on our site, please contact info@gigboo.com.

Thank you for visiting our site.

These Terms of Use were last updated on: 12 June 2014.

2. TICKET SALES TERMS AND CONDITIONS

In these terms and conditions (the “Terms”), Gigboo (“our”, “us”, “we”, “Gigboo”) refers to the company Prepared Promotion whose registered office address is Unit 8 City Trading Estate, Icknield Square, Birmingham, B16 0PP. 

Gigboo is a ticket seller for events via the website www.gigboo.com (“the Website”). It sells digital ticket codes and physical tickets (“Tickets”) for events as a disclosed agent on behalf of artists, bands, musicians, event organisers, event hosts, promoters, and venues (“Promoters”). 

The Terms apply when you purchase Tickets via the Website. Promoters may have their own terms, conditions and rules (the “Promoter’s Terms”) in relation to an event and these will apply in addition to the Terms. 

Please read the Terms and the Promoter’s Terms before ordering any Tickets. 

BUYING TICKETS

You must be registered for the Website to buy Tickets. Please ensure your login name and password is kept confidential. Please see our privacy policy for details of how your data is processed. 

Tickets are for your personal use only. Tickets are sold subject to availability and acceptance by us. Where we accept a Ticket order, we will confirm your purchase by email and/or text, sent to your Gigboo registered e-mail address and/or Gigboo registered mobile telephone. 

Tickets cannot be transferred, returned or exchanged and doing so will be a breach of the Terms and entitle us and/or the Promoter to cancel the Tickets, without notification, compensation or liability. Tickets can only be refunded in the limited circumstances set out below.

Please ensure we are kept updated with any changes to your contact details, including your address, mobile telephone number and email address. Our preferred method of contact is via email/ text to your mobile telephone so it is important that you have provided us with a valid, current email address / mobile telephone number. Please be aware of any spam or junk filters on your email inbox that may prevent you receiving our emails. Please also be aware of any restrictions relating your mobile telephone that may prevent you receiving texts from us. 

VAT may be chargeable on any Ticket purchases if applicable. 

FRAUD

Please note in order to avoid fraud, from time to time, we carry out checks or require additional information from you after you have purchased Tickets, in order to verify certain details. If we suspect any fraudulent activity we reserve the right to cancel a Ticket order. 

DELIVERY AND COLLECTION 

Ticket delivery shall be by one of the following methods, the availability of which shall vary from event to event: (1) sending a unique ticket code to your Gigboo registered email address, (2) sending a unique ticket code via text to your mobile telephone, (3) post for physical tickets or (4) made available for collection at the event or at a place chosen by the Promoter also for physical tickets. We reserve the right to deliver physical tickets by collection at the event venue only due to the proximity of an event, for reasons of identification, if your Tickets are lost, because of unforeseen circumstances or for any other reason. We will notify you by telephone or email in such circumstances. 

If Tickets are sent to a mobile telephone or email and we receive a Delivery Failure message then we reserve the right to cancel your order. If Tickets posted to you are returned to us marked as “addressee unknown” or similar words then we reserve the right to cancel your order. 

For ticket collection at the event venue or at a place chosen by the promoter, you are required to present the card used to buy the Tickets for identification purposes. Please be aware that other forms of identification may not be accepted and we accept no responsibility for non-delivery due to not having the correct form of identification. 

Upon receipt of Tickets please ensure there are no errors. If there are errors please report those to us promptly at the following email address  info@gigboo.com. We are not responsible for correcting mistakes made when ordering.

REFUNDS / CANCELLATION / EXCHANGE

Tickets will only be refunded in the following instances: 

a) We sent you the wrong Tickets (i.e. different to those ordered from the Website). 

b) We sent your Tickets to the wrong postal address (i.e. not the address provided when those specific tickets were ordered from us). 

c) We did not send you the Tickets ordered or organise for another form of delivery or collection. 

d) We did not receive the Tickets from the Promoter and duplicates cannot be organised. 

e) The event is cancelled. 

f) The event date is changed. 

For instances (a), (b) and (c) we will refund both the ticket price and booking fee. For instances (d), (e) and (f) we will only refund the ticket price as paid for on the Website. In all instances we are not held responsible for any resulting costs incurred for travel, accommodation or related expenses. 

Please always check that an event is taking place at the listed time, date and venue. In the case of rescheduled events the Promoter may also give you the option of retaining a ticket for the rescheduled venue/date/time. We will try to inform you of any changes most commonly by email but do not guarantee that we will be able to update you of all changes. 

When claiming a refund please follow the refund instructions that we will provide you via email, phone or writing. Refund requests must be made within 3 days from the original date of the event any later and we refuse our right to pay any refunds. Refunds will usually be paid within 30 days of the original event date using the same method of payment. 

Lost and stolen Tickets cannot be refunded, transferred, replaced or exchanged.

EVENTS 

You right of entry to an event will be subject to the Promoter’s Terms and the event venue’s terms (these may include rules relating to age, dress code, etc). If you are found to be in breach of these terms you may be refused entry or required to leave the venue.  You will not be entitled to a refund if you are in breach of the Promoter’s Terms or event venue’s terms. 

You are required to comply with any health and safety or other requirements of the event venue. The Promoter and event venue reserves the right to remove you or your guests from the event at its own discretion. The venue may on occasions have to conduct security searches to ensure the safety of those in attendance. You are liable for your own personal property, safety and security at an event.   

We are not liable in any way for the acts or omissions of others but do not seek to exclude any liability of Gigboo for death or personal injury caused by its negligence, fraud or other type of liability which cannot by law be excluded or limited. 

GENERAL 

If any provision or part-provision of the Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Terms.

The Terms, and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with the law of England and Wales.

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Terms or subject matter.

3.WEBSITE ACCEPTABLE USE POLICY

This Acceptable Use Policy sets out the terms between you and us under which you may access our website www.gigboo.com (“our site”). This Acceptable Use Policy applies to all users of, and visitors to, our site.

Your use of our site means that you accept, and agree to abide by all the policies in this Acceptable Use Policy, which supplement our Terms of Website Use (see Terms of Website Use above).

Our site is operated by Gigboo (“we” or “us”).  Our trading address is Unit 8 City Trading Estate, Icknield Square, Birmingham, B16 0PP.  

a.PROHIBITED USES

You may use our site only for lawful purposes.  You may not use our site:

• In any way that breaches any applicable local, national or international law or regulation.

• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

• For the purpose of harming or attempting to harm minors in any way.

• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (see below).

• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

• Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our Terms of Website Use (see Terms of Website Use above). Not to access without authority, interfere with, damage or disrupt:

• any part of our site;

• any equipment or network on which our site is stored; 

• any software used in the provision of our site; or 

• any equipment or network or software owned or used by any third party.

b.INTERACTIVE SERVICES

We may from time to time provide interactive services on our site, including, without limitation:

•     Social Media facilities.

•     Comment facilities. 

•     Chat rooms.

•      Bulletin boards.

•     Interactive services.

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not. 

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

c.CONTENT STANDARDS

These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it. 

You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

• Be accurate (where they state facts).

• Be genuinely held (where they state opinions).

• Comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

• Contain any material which is defamatory of any person.

• Contain any material which is obscene, offensive, hateful or inflammatory.

• Promote sexually explicit material.

• Promote violence.

• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

• Infringe any copyright, database right or trade mark of any other person.

• Be likely to deceive any person.

• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

• Promote any illegal activity.

• Be threatening, abuse or invade another´s privacy, or cause annoyance, inconvenience or needless anxiety.

• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.

• Give the impression that they emanate from us, if this is not the case.

• Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

d.SUSPENSION AND TERMINATION

We will determine, in our discretion, whether there has been a breach of this Acceptable Use Policy through your use of our site.  When a breach of this policy has occurred, we may take such action as we deem appropriate.  

Failure to comply with this Acceptable Use Policy constitutes a material breach of the Terms of Website Use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

• Immediate, temporary or permanent withdrawal of your right to use our site.

• Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.

• Issue of a warning to you.

• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

• Further legal action against you.

• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy.  The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

e.CHANGES TO THE ACCEPTABLE USE POLICY

We may revise this Acceptable Use Policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this Acceptable Use Policy may also be superseded by provisions or notices published elsewhere on our site.

3.PRIVACY POLICY & COOKIE NOTICE

Gigboo (“we”, “us” or “our”) are committed to protecting and respecting your privacy.

This policy (together with our Terms of Website Use and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.  Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

a.INFORMATION WE MAY COLLECT FROM YOU

We may collect and process the following data about you:

i. Information that you provide when you register to become a user or otherwise fill in forms on our site or by corresponding with us by phone, email or otherwise. This includes information provided at the time of registering to use our site, subscribing to our service, posting material, requesting further services, participating in social media functions of our site. We may also ask you for information when you purchase tickets, enter a competition or promotion and when you report a problem with our site.

ii. If you contact us, we may keep a record of that correspondence.

iii. we or our agents on our behalf may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.

iv. Details of any transactions you carry out through our site and of the fulfilment of your orders.

v. Details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access. 

vi. Over time you may provide or we will ask you to provide additional information which will extend your personal profile so we can increase our ability to ensure relevance of any messaging.  You may choose to provide additional information to help this process.

b.IP ADDRESSES AND COOKIES

We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.

For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive. They help us to improve our site and to deliver a better and more personalised service. They enable us:

i. To estimate our audience size and usage pattern.

ii. To store information about your preferences, and so allow us to customise our site according to your individual interests.

iii. To speed up your searches.

iv. To recognise you when you return to our site. 

You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system may issue cookies when you log on to our site.

c.WHERE WE STORE YOUR PERSONAL DATA

The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (”EEA”). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing.  We will endeavour to take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

d.USES MADE OF THE INFORMATION

We use information held about you in the following ways:

i. To ensure that content from our site is presented in the most effective manner for you and for your computer. 

ii. To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes. 

iii. To carry out our obligations arising from any contracts entered into between you and us.

iv. To allow you to participate in interactive features of our service, when you choose to do so.

v. To notify you about changes to our service.

We may also use your data to provide you with information about goods and services which may be of interest to you and we or a third party may contact you about these.

e.DISCLOSURE OF YOUR INFORMATION

We may disclose your personal information to third parties:

i. In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.

ii. If Gigboo or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.

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

iv. Advertisers and advertising networks that require the data to select and service relevant adverts to you and others. 

v. Analytics and search engine providers that assist us in the improvement and optimisation of our site. 

f.YOUR RIGHTS

You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data.  You can also exercise the right at any time by contacting us at info@gigboo.com

Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates.  If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies.  Please check these policies before you submit any personal data to these websites.

g.INTERNET AWARENESS

Whenever you voluntarily post personal information in public areas, like journals, web-blogs, reviews, message boards, and forums, you should be aware that this information can be accessed by the public and can in turn be used by others to send you unsolicited communications.  Please exercise discretion in deciding what information you disclose.

h.MINORS

Our policy is to request that “Minors” (the age of Minors is determined by local laws where you reside) do not make purchases or engage in other legal acts on this site without the consent of a parent or legal acts on this site without the consent of a parent or legal guardian, unless permitted by applicable local law.

i.CHANGES TO OUR PRIVACY POLICY & COOKIE NOTICE

Any changes we may make to our privacy policy [& cookie notice] in the future will be posted on this page and, where appropriate, notified to you by e-mail.

j.CONTACT

If you have any questions, comments or requests regarding this privacy policy, the practices of this website or your dealings with this website you can contact us by emailing info@gigboo.com.

This Privacy Policy & Cookie Notice was last updated on: 12 June 2014. 

4.GIGBOO EVENT PROMOTER AGREEMENT

In these terms and conditions (the “Terms”), Gigboo trading as Prepared Promotion whose registered office address is Unit 8 City Trading Estate, Icknield Square, Birmingham, B16 0PP. 

This agreement describes the terms on which you (the “Promoter”) may register a Promoter account on www.gigboo.com (“our site”) and on which Gigboo (“we”, “us”, “our”) will act as your agent in relation to the sale of tickets for your events.

REGISTERING AN ACCOUNT

1. To list events and enable Gigboo to sell tickets on your behalf you must set up a “Promoter Profile Page” for our site. On this page you will be able to list events and tickets details. You can register at the following online form. Please read these terms thoroughly before doing so. 

2. Our services are not available to those under the age of 18 years old. Gigboo reserves the right to terminate this agreement and suspend your account if you are found to be less than 18 years. 

3. If you are registering the Profile Page as a business you must confirm you have the authority to do so. 

4. Please ensure your login name and password are kept confidential. Passwords are non-transferable, must not be offered for sale, or passed on to any third party. 

5. You are responsible for all action taken under your Promoter Profile Page. 

6. Upon registration of your Promoter Profile Page you will be prompted for your Promoter bank details. This should be a valid UK bank account (“the Bank Account”) and will be the account into which ticket sale funds are transferred. It is the Promoter’s sole responsibility to ensure that we hold valid payment details on file. The Promoter shall update Gigboo of any change of account details, including bank account details and Gigboo will not be held responsible or liable for payment to the wrong bank account where incorrect details have been provided. 

LISTING EVENTS

7. Once registered a Promoter can list an event using its Promoter Profile Page. Certain event details are mandatory, such as venue, date, time, price and number of tickets. You will be prompted to fill these details when listing an event. 

8. The Promoter’s listing of events and tickets shall not: 

be inaccurate;

breach applicable law in the UK;

contain any material which is defamatory of any person;

contain any material which is obscene, offensive, hateful or inflammatory;

promote sexually explicit material;

promote violence;

promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

Infringe any copyright, database right or trade mark of any other person;

be likely to deceive any person;

be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

promote any illegal activity;

be threatening, abuse or invade another´s privacy, or cause annoyance, inconvenience or needless anxiety;

be used to impersonate any person, or to misrepresent your identity or affiliation with any person.

advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse;

be unlawful or fraudulent, or have any unlawful or fraudulent purposes or effect;

send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards;

transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or

knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

9. The Promoter is solely responsible for reviewing the content of its event listings to ensure that the details provided are correct. Gigboo will not be liable for mistakes submitted by a Promoter. 

10. It is the Promoter’s responsibility to update event listings with any changes to an event including but not limited to changes to venue, date, time, performers, etc

11. Gigboo reserves the right to delete a listing that does not comply with these terms. 

EXTERNAL WEBSITES

12. The Promoter agrees that its event listing may be posted to other third party websites by Gigboo or registered users of Gigboo. 

13. Gigboo assumes no responsibility for any damage or loss that may arise of a Promoter’s event being posted on an external website.   

INTELLECTUAL PROPERTY

14. Gigboo is the owner or the licensee of all intellectual property rights in our site. Those works are protected by intellectual property laws and treaties around the world.  All such rights are reserved. 

15. You retain your rights to any content (text, artwork, graphics, photos or other materials) you submit, post, upload or display on our site. By submitting, posting or displaying such materials to our site, you grant us a worldwide, non-exclusive, royalty-free licence (with the right to sub licence) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such materials in any and all media or distribution methods (now known or later developed).

16. You agree that this licence includes the right for us to provide, promote, and improve our site and to make materials submitted to or through our site available to other companies, organizations or individuals who partner with us for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such materials use.

17. We may modify or adapt the materials submitted in order to transmit, display or distribute such materials over computer networks and in various media and/or make changes to your material as are necessary to conform and adapt that content to any requirements or limitations of any networks, devices, services or media.

18. You are responsible for your use of our site, for any materials you provide, and for any consequences thereof, including the use of your materials by other users and our third party partners. You understand that your materials may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit the materials for such use, it may subject you to liability. We will not be responsible or liable for any use of your materials in accordance with these terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any materials that you submit and that such materials are compliant with the provisions contained in our Acceptable Use Policy. 

19. Gigboo grants you a non-exclusive licence to use its logo for advertising and marketing of any events you create on the site. 

APPOINTMENT

20. By registering with our site and providing the relevant account details the Promoter appoints and authorises Gigboo to act as an agent for the sale of tickets to its events on the terms of this agreement and hereby accepts those terms.

TICKET SALES

21. Ticket sales by Gigboo shall be for the prices specified by the Promoter when it lists an event. Gigboo will charge the customer the full ticket price as set by the Promoter, plus a booking fee to be determined by Gigboo. Gigboo shall not be liable for any incorrect ticket price listing by the Promoter. 

22. The booking fee will be retained by Gigboo.  

23. The Promoter will receive the full value of the ticket (less any refunds) which is collected on the Promoter’s behalf by Gigboo. 

24. Funds will be remitted to The Promoter within 3 days of the event. Promoter will receive a full financial statement from Gigboo setting out the number of tickets sold and fees received. Funds will then be transferred to the Bank Account provided by Promoter to Gigboo on registration of the “Promoter Profile Page”. Gigboo will not be liable for refunds except for the circumstances listed below. 

25. In the case of Gigboo not having valid payment details on file the Promoter, any due ticket monies will be held for 12 months after the event date, after which date The Promoter shall waive its entitlement to such monies.

 26. If the Promoter has outstanding debts with Gigboo at the time of payment, Gigboo reserves the right to withhold payment and off set monies received against debts until all such debts are paid and cleared in full. 

27. The Promoter is solely responsible for the accounting and payment of any VAT or other taxes due on the face value of the tickets. 

28. Gigboo generally only delivers e-tickets, however if a Promoter wishes to have physical tickets for an event then it should contact  info@gigboo.com for further information. There will be additional handling fees charged by Gigboo for postage and associated costs of any physical tickets. 

REFUNDS 

29. Gigboo offers refunds where: 

(a) We sent the purchaser the wrong event tickets (i.e. different to those ordered from our site).

(b) We sent event tickets to the wrong postal address (i.e. not the address provided when those specific tickets were ordered from us). 

(c) We did not receive the event tickets from the Promoter and duplicates cannot be organised.

(d) The event is cancelled.

(e) The event date is changed. 

 30. In relation to clause 29(c), (d) and (e), if payment has been made to the Promoter, Gigboo shall have no obligation to refund monies. 

 31. If a customer is refused entry to an event by the Promoter or venue, Gigboo shall have no liability for any requested refunds.

CHARGE BACKS

32. The Promoter will be liable for all costs related to charge backs (where a customer doesn’t recognise the ticket transaction for an event or is unhappy with the service and legally files a claim with their bank/card institution). These will be deducted from the monies paid to the Promoter or invoiced to the Promoter by Gigboo to which the Promoter agrees to pay within 5 working days. 

PROMOTION 

33. The Promoter will include Gigboo’s logos, website address and freephone number (0800 996 1 997) on all promotional material The Promoter creates for an event listed on Gigboo. 

34. The Promoter shall not permit fly-posting. The Promoter will indemnify Gigboo against any costs/fines/losses incurred as a direct result of the Promoter’s fly-posting. 

LIMITATION OF LIABILITY 

35. Our site is provided without any guarantees, conditions or warranties as to its accuracy or usability. To the extent permitted by law, we, hereby expressly exclude:

• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

• Any liability for any direct, indirect or consequential loss or damage incurred by any Promoter in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

• loss of income or revenue;

• loss of business;

• loss of profits or contracts;

• loss of anticipated savings;

• loss of data;

• loss of goodwill; and

any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

DURATION AND TERMINATION 

36. This agreement shall commence on the registration of the Promoter’s Profile Page. Unless terminated in accordance with clause 2 or 38 it shall continue until Gigboo gives the Promoter one week’s notice or the Promoter gives Gigboo a month’s written notice.

37. Without affecting any other right or remedy available to it, Gigboo may terminate this agreement with immediate effect by giving written notice to the Promoter if the Promoter commits a material breach of any terms of this agreement. 

38. Termination of this agreement shall not affect any rights remedies, obligations or liabilities of Gigboo that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination. 

ENTIRE AGREEMENT

39. This agreement constitutes the entire agreement between the parties and supersedes and extinguished all previous drafts, agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to the subject matter. 

VARIATION 

40. No variation of this agreement shall be effective unless it is in writing and signed by the parties or their authorised parties or authorised representatives. 

ASSIGNMENT

41. The Promoter shall not assign, transfer, charge, subcontract, appoint subagents or delegates, declare a trust over or deal in any other manner with any or all of its rights and obligations under this agreement without the prior written consent of Gigboo. 

WAIVER

42. No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

SEVERANCE

43. If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or a part provisions under this clause shall not affect the validity and enforceability of the rest of this agreement. 

THIRD PARTIES

44. A person who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. 

NOTICE

45. Any notice or other communication given to a party under or in connection with this agreement shall be in writing and delivered by email or first class post. 

GOVERNING LAW AND JUSRISDICTION 

46. This agreement and any dispute or claim arising out of or in connection with it or its subject matter of formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. 

47. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).