1. Our contract By using or subscribing to our site you enter into a binding contract with us on the following terms and conditions. 2. Our role 2.1 While we help facilitate transactions for hospitality packages, tickets and associated services for any events in the UK or abroad, we are neither the buyer nor the seller of such products and services. We provide a venue for sellers and buyers to make contact and enter into transactions in accordance with the provisions of these terms and conditions, but we are not an agent of either seller or buyer in their dealings with each other and have no authority to legally bind either of them. We do not review members’ listings or content and are not involved in the actual transaction between buyers and sellers. 3.1 We do not represent or warrant that access to our site or any part of it will be uninterrupted, reliable or fault free. 3.2 We do not represent or warrant to you that our site or any of its contents will be accurate, complete or reliable. 3.3 We do not represent or warrant a seller’s ability to supply the hospitality packages or tickets that are mentioned on our website. 3.4 We do not represent or warrant that a seller is complying with any applicable law in the supply of the hospitality packages or tickets referred to on our site, including the supply of any restricted items as described in clause 4, or that a seller has the necessary legal authority to sell any restricted items. You accept sole responsibility for the legality of your actions under laws applying to you and for the legality of any hospitality packages and/or tickets you advertise or buy. 3.5 We do not represent or warrant the quality of the hospitality or tickets sold. 3.6 Although we provide you with sellers’ contact details, you acknowledge that you are under no obligation to make contact with a seller. It is your sole responsibility to determine whether or not a particular seller is suitable. 3.7 To the extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have to you including but not limited to any that may arise as a result of: 3.7.1 any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to our site or any information on our site; 3.7.2 the unavailability of our site (or any part of it) or inability to supply or buy hospitality packages or tickets from a seller; 3.7.3 any delay in providing, or failure to provide or make available, hospitality packages or tickets by the seller; 3.7.4 any misrepresentation on or relating to our site or the hospitality packages or tickets (other than a fraudulent misrepresentation made by us or on our behalf). 3.7.5 any breach by a seller of an applicable law for the sale or resale of any of the restricted items described in clause 4. 3.8 Our maximum liability to your business in respect of your use of our site or any services we provide or make available to you through or in relation to our site will be the amount of any membership fees paid on behalf of your business during the year in which the liability arose. You agree that we shall have no liability for indirect or consequential losses, loss of data, income or profits or damages for loss of or damage to property. 3.9 You agree that each of these limitations is reasonable having regard to the nature of our site and in particular given that when you purchase hospitality packages or tickets you will enter into a separate contract with the seller in each case. 3.10 None of the exclusions or limitations shall exclude or restrict our liability for death or personal injury caused by our negligence nor affect any statutory rights which are not capable of being excluded. 3.11 Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of these terms and conditions. 3.12 If you have a dispute with one or more members or you act in contravention of any applicable laws, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes or unlawful acts. 4.1 The following non-exhaustive list details items which are restricted and cannot be advertised on our site unless the sale or resale is in compliance with applicable laws: 4.1.1 a ticket for a designated football match in contravention of s.166, Criminal Justice and Public Order Act 1994; 4.1.2 a ticket that is being resold by any individual or business without providing written information about the original price of the ticket, the rights conferred to the holder of the ticket, the location of the seat and any features (obstruction, and so on) which would adversely affect the purchaser’s use or enjoyment of the seat (Regulation 8(1), Price Indications (Resale of Tickets) Regulations 1994) (the 1994 Regulations). This applies to the supply and resale of tickets for any gathering, amusement, exhibition, performance, game, sport or trial of skill or similar event, but does not apply where the supply of tickets comes within a package to which the Package Travel, Package Holidays and Package Tours Regulations 1992 apply; 4.1.3 an Olympic ticket in contravention of s.31 of the London Olympic Games and Paralympic Games Act 2006. 4.2 Any item, the sale of which is controlled by law, shall be restricted unless, where applicable, the seller is authorised to sell such item, or the seller in its supply of the item complies with any applicable law. 5.1 By becoming a member and subscribing to our site, you agree to pay our membership charges at the rate applicable from time to time and stipulated on the site. 5.2 The list of members is Information which is Confidential to us and shall not be utilized in any way other than to facilitate contact of individual members for the purposes of conducting business through our site. 5.3 If you fail at any time to pay any membership charges due or breach these terms and conditions we may, in our absolute discretion and without prejudice to our other rights, deny you access to those areas of our site which are exclusively available to members or alternatively terminate your membership at our absolute discretion. We need not provide you with advance notice in such circumstances, but will notify you within 24 hours of any such suspension or termination taking place. 5.4 Once you have subscribed to membership of the site, your subscription will last for one year. Under no circumstances will you be entitled to receive any refund in the event of cancellation of your subscription by either party. 5.5 You agree that you will not for a period of 12 months commencing from the date that you were last a member and subscriber to our site establish, or become involved in, the ownership of or management of a business offering the same or similar services to those offered by us to our members 6.1 Hospitality packages, tickets and associated services for any events in the UK or abroad can be advertised on the site. 6.2 Members must be a venue, hospitality provider, hospitality agent, ticket agent, event organiser or party organiser. 6.3 Sellers advertising on the site must use their best endeavours to ensure that the number of packages that are advertised are available. However, members are strongly advised to check the availability of particular packages with sellers beforehand. 6.4 Any unofficial hospitality must be clearly confirmed as unofficial when entering the event. 6.5 Ticket only sales can be advertised on the site providing the seller complies with all applicable laws in force from time to time. 6.6 Sellers will not advertise for sale on the site any tickets which would fall within any of the restricted items described in clause 4 above unless, where applicable, the seller is authorised to do so, or the seller in its supply of the tickets complies with any applicable law. 6.7 It is essential to state the correct name of the suite or facility for hospitality packages. 6.8 It is the duty of all members to report other members misuse using the incident report facility. 6.9 The facility/suite must be accurately described in the event description, including the distance of the facility from the stadium, if applicable. Any sellers misleading buyers will have their membership withdrawn. 7. Links to other sites Certain links, including hypertext links, in our site will take you outside our site. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. We are not responsible for the content of any website outside our site. 8.1 We may terminate your membership immediately if in our absolute discretion we determine that you are in breach of any of these terms and conditions and in particular upon any failure by you to pay your membership charge in accordance with these terms and conditions. You may terminate your membership at any time on 30 days notice in writing to TradeOnly.net at Ringles Place, Ringles Cross, Uckfield, East Sussex, TN22 1HB or by email on info@tradeonly.net.
8.3 We reserve the right to terminate membership at any time and with no refund if other members feel you have not conducted your business in an honest and professional manner. If a member receives 3 blackballs from 3 other members their membership will be terminated with immediate effect without any refund. 9. General Where in these terms representations and warranties are made to us and to sellers of packages or tickets through our site, you acknowledge and agree that such representations and warranties are intended to grant rights to, and operate for the benefit of, all such sellers and that each such seller may rely upon and enforce such representations and warranties against you by virtue of the Contracts (Rights of Third Parties) Act 1999. 9.2 Variations We reserve the right at any time without notice to revise the content of our site (including the services offered by us) and these terms and conditions. Any changes to these terms and conditions will be posted on our site and by continuing to use our site following any such change you will signify that you agree to be bound by the revised terms and conditions of use. Upon submitting your details on this website, we shall send you an invoice in respect of the membership charges. This invoice must be settled immediately. For these purposes time for payment shall be of the essence. In the event that invoices which have been duly rendered remain outstanding after 30 days we reserve the right to suspend your membership to this website and/or the right to charge interest on outstanding amounts at a rate up to the maximum prescribed by the Late Payment of Commercial Debts (Interest) Act 1998 in force form time to time which shall be payable on all overdue invoices. All debt collection and legal charges will be added to the amount due. 9.4 Taxes We have made every effort to make clear whether the quoted prices for packages or tickets available through our site include any relevant tax or duty or do not. Where in any case it is not clear please note before you make an order that you might be required to bear a liability to tax or duty (for example value added tax) imposed by the seller or by operation of law that is in addition to the price. You agree that we may collect, store, and use information about you in accordance with our privacy policy. You acknowledge and agree to be bound by the terms of our privacy policy. 9.6 Copyright 9.6.1 All rights in the design, text, graphics and other material on our site and the selection or arrangement thereof are the copyright of us or other third parties. Permission is granted to electronically copy and print in hard copy portions of our site solely in connection with the acquisition of services mentioned on our site. Any other use of materials on our site (including reproduction for purposes other than those noted above and alteration, modification, distribution, or republication) without our prior written permission is strictly prohibited. 9.6.2.1 You hereby grant to us a perpetual royalty-free, irrevocable licence to copy, issue copies, communicate to the public, make publicly available and include in a cable programme service (either in whole or in part or in a modified or edited form) any material you up-load or post to our site (whether to a chat room, bulletin board or otherwise). 9.6.2.2.You acknowledge and agree that such material is not up-loaded or posted subject to any obligation of confidence. 9.6.2.3 You warrant that you have the appropriate permission or license to upload any material and indemnify us fully in relation to all and any claims and associated costs which may be made by third parties in respect of breach of intellectual property rights All trade marks, product names and company names or logos used in our site are our property or that of their respective owners. No permission is given by us in respect of the use of any such trade marks, get-up, product names, company names, logos or titles and such use may constitute an infringement of the holder’s rights. We reserve the right in our sole discretion to deny users access to our site or any part of our site without notice and to decline to provide the service to any user that is in breach of these terms and conditions of use. There are no global restrictions limiting a user’s membership of the site. We shall not be liable to you for any breach of these terms and conditions of use or any failure to provide or delay in providing our services through our site resulting from any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, fire, explosion or accident. These terms and conditions (and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to them or their formation) shall be governed by and interpreted in accordance with English law and, for these purposes, the parties irrevocably submit to the exclusive jurisdiction of English courts. The enforceability or otherwise of any provisions of these terms and conditions shall not affect the enforceability of the rest of these terms and conditions. 10. Definitions In these terms and conditions: 8.1 ‘our site’ means our presence on the Internet; 8.2 ‘our’, ‘we’ and ‘us’ means TradeOnly.net Limited and, where applicable, its officers, employees and authorised agents; 8.3 ‘you’, ‘your’ and ‘members’ include any business with which you are associated and on behalf of which you use our site (‘your business’); 8.4 ‘seller’ means the seller of hospitality packages or tickets. |