TERMS AND CONDITIONS
Welcome to FanPass 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 FanPass (“FanPass” 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.b Ticketing Exchange
FanPass provides a service that allows members who want to buy tickets (“Buyers”) to find members who want to sell tickets (“Sellers”). FanPass does not take title to the underlying ticket and the actual transactions are between the Buyers and Sellers. Once Buyer and Seller have entered into a transaction, all transactions are covered by the FanPass Guarantee.
1.c FanPass Guarantee
When you purchase tickets on FanPass, FanPass guarantees that You will receive the tickets You paid for in time for the event. In the rare instance that a problem arises and the original ticket Seller does not provide You with the tickets listed for sale, FanPass will, in its sole and absolute discretion, review comparably priced tickets and offer You replacement tickets at no additional cost, or Fanpass will issue You a refund for the cost of the tickets. “Comparably priced” replacement tickets are determined by FanPass in its sole and absolute discretion. When You sell tickets on FanPass, make sure you provided the exact tickets listed for sale and the ticket Buyer successfully gains entry to the event, FanPass guarantees that you will be paid for your sale.
In the case of the selling tickets are not (1) the same than indicated during the listing ; (2) are not send on time regarding to our shipment conditions ; (3) are not confirmed under 24 hours after the purchase of a buyer ; (4) are withdrawn from sale when they were about to be purchased, FanPass reserves the right to charge penalty fees to the seller.
If we change this Agreement, We shall post a revised version of this Agreement, which shall automatically replace the terms of this Agreement. The revised version of this Agreement is automatically effective after it is initially posted on the Site. Your continued use of the Site and the Services following FanPass’s posting of a revised Agreement will constitute your acceptance of the revised Agreement. If you do not agree with the terms of this Agreement or any revised version of this Agreement, do not continue to use the Services or this Site.
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.
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.c Username and Password
You will need a username and password to access the Site and use the Services. You are responsible for maintaining the security of your username and password and You are responsible for any action taken under your username or password.
To sell tickets, a seller list 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 up to 2 tickets. If tickets are not consecutive or at least by pairs, then the Seller must create a separate listing. If a Seller sends tickets that are not consecutive or at least by pairs, but listed them as so, FanPass may charge the seller a replacement fee and other charges, as specified in Section 5. To list as a Seller, You must provide a valid credit or debit card. 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.e VAT on Seller Proceeds
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 FanPass is required to charge on its fees.
2.f Making an Offer
A member who wants to buy a ticket first scans the Site database for tickets listed by Sellers that match the Buyer’s desired tickets. Once the Buyer finds a matching ticket, the Buyer notifies us with an “offer” that the Buyer is willing to purchase the ticket. Note that the Seller may or may not be required to charge you VAT on the sale of your ticket. The ticket price shown (before our fees) may include VAT (UK or other) as appropriate. Please note this does not include any VAT that may be payable on fees we are required to pay. As a Buyer, You grant us permission to charge your credit card, debit card or bank account for the purchase of the selected tickets.
2.g Payment Authorisation
When we receive an offer by credit or debit card, We obtain an authorisation from the Buyer’s credit or debit card equal to the price, booking fees and delivery fees for the tickets. We will also add VAT on our fees as applicable. The authorisation will remain on the Buyer’s credit or debit card until the sale is completed or the order is cancelled. We will also add VAT on our fees as applicable. When we receive an offer by bank transfer, we will check to see if the bank account is valid.
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 FanPass 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.i Seller’s Confirmation Obligation
The seller must confirm the order within forty eight (24) hours of the sale of the tickets. Sellers should use our automated online confirmation process. Sellers will be able to see the service fee and taxes on our fees before completing the sell process and committing to sell their tickets. Sellers have twenty four (24) hours from the time of sale of the tickets to “Report a Problem” if they are unable to deliver the exact tickets listed for sale. Sellers can Report a Problem by email. In this case Sellers will be charged £20 per ticket (or the equivalent in their listing currency). This charge, of £20 per ticket, will be recouped by withholding payment for other sales, or by charging your Payment Method. If the Seller has neither confirmed the Sale nor Reported a Problem within 24 hours, the order will become eligible for substitution by FanPass. If FanPass substitutes the ticket, it shall have the right to charge the Seller a replacement fee and other charges, as specified in Section 5.
2.j a) Exception to Seller’s Obligation to Confirm
Sellers who commit to send tickets directly to FanPass are not required to confirm the order. Such sellers have no right to complain and the order is automatically confirmed immediately after the sale. If the listed ticket is not delivered, FanPass shall have the right to charge the Seller a replacement fee and other charges, as specified in Section 5.
2.k Collecting Payment
Upon confirmation that the Seller is sending an item, we collect payment from the Buyer for the listed price, booking fees, delivery fees, and taxes on our fees. At no time do We provide the Buyer’s payment information to the Seller. The money is paid to us by the Stripe service, and the Seller is compensated for the sale according to their selected payment method and the payment policy.
2.l Ticket Fulfilment
Once the Seller lists tickets for sale, the Buyer purchases these tickets, and the Seller has confirmed the sale, the Seller is responsible for completing the transaction with the exact tickets the Seller has listed. Tickets must be shipped no later than the shipping deadline communicated to the seller at the time of sale. If any extra cost occurred regarding the delivery of the tickets, this will be paid by Fanpass. Please note that e-ticket type can only be proof of purchase and you may require from you a delivery address in order to ship the tickets to you.
If the Seller lists tickets for sale, confirms the sale and then is unable to deliver the exact tickets listed, FanPass reserves the right to cancel the Seller’s sale and find replacement tickets for the Buyer and the Sellers may be subject to a replacement fee, other charges. We will make reasonable endeavours to provide comparable or better replacement tickets for the Buyer. Invalid tickets : If buyers are refused entry to the venue as a result of invalid tickets we may refund the buyer at any time. We will have to collect proof where this is possible but in some cases FanPass reserves the right to not refund the buyer even if proof of non entry is presented. In the event that an event is cancelled or re-scheduled, Fanpass reserves the right to cancel a seller’s transaction. If for any reason your tickets are returned to us or cannot be delivered, we will attempt redelivery up to a maximum of two times. We endeavour to rearrange delivery with the customer or arrange a collection point/exchange on the day of the event. If this is also unsuccessful we will not offer a refund. We attempt to ensure all tickets are delivered in time for the event, time scale permitting. We also may require a venue or box-office collection or a delivery either the ticket type is « e-ticket » or « paper ticket » ; In this case, Fanpass will NOT charges you for the delivery cost and this for local shipment.
2.m Seller Payment
The seller will be paid 7-10 working days after the event if delivery of the tickets was successful to the buyer. We have the right to withhold payment or collect repayment if the event was re-scheduled or cancelled or if We have a good faith basis to believe such sales were unlawful or otherwise made in material violation of this agreement.
2.n Ticket Information
Event dates, times, venues and subject matter, which are listed on the ticket, may change. It is up to the Buyer to verify the most recent changes by contacting the box-office or referring to official listings for any changes.
2.o Substituted Seat Locations
Ticket listings are a representation of actual seat location. Tickets may be substituted with comparable or better seat locations without the Buyers’ approval.
2.p Claims under the FanPass Guarantee
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 Us to report the issue. Issues must be reported within 14 days after receiving the tickets otherwise this will no longer be covered by the FanPass Guarantee. Should you experience problems with your tickets on the day of the event you must contact FanPass within 48 hours of the incident to report the issue. In certain circumstances, you may be required to complete a Claim Form and provide additional information in order to claim a refund. Forms must be returned to FanPass 2 working days after receiving them, in order to apply for a refund. FanPass reserves the right to prohibit anyone who brings a fraudulent claim from having further access to our website.
2.q Membership/Season Cards
In the event that the Buyer fails to return a Season Card to the seller within 48 hours of the event concluding, the Buyer agrees that FanPass may charge an additional “failure to return fee” of £100 per season card that is not returned to the payment method that was used to purchase the tickets. This charge is in addition to the amount originally paid for the tickets.
2.r No Trading allowed
You agree that – unless agreed with Fanpass – there is no permission to trade if you are a company registered and not authorized in reselling tickets. If you are suspected of selling tickets through such channels without authorization, we reserve the right to cancel your order without refunding you and you may be subject to admin fees.
3.a Accurate Descriptions
For all tickets you list as the Seller, you warrant that your descriptions of the tickets accurately detail and describe the tickets offered – beyond the ticket type – for sale. You also warrant that you own the tickets. Please note that in the rare instance the tickets in the stand ordered are not available, your seller will provide you with tickets in the same standing of prices than your ordered. The tickets are guaranteed to be seat together up to 4 tickets per purchase or at least provided by pairs.
3.b Other Information
You represent and warrant that any information You provide to us, to other members, or to visitors of the Site (a) is not false, inaccurate, misleading, obscene or defamatory; (b) is not fraudulent; (c) does not involve the sale of counterfeit or stolen items; (d) does not infringe any third party’s copyright, patent, trademark, trade secret, rights of publicity or privacy, or other right; (e) does not violate any law, statute, ordinance or regulation, including without limitation those governing consumer protection, unfair competition, anti-discrimination or false advertising; and, (f) does not contain any viruses or any programming that is intended to damage, interfere with, intercept or expropriate any system, data or personal information.
3.c Laws and 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.
You agree to indemnify and hold FanPass 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 FanPass 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.a Double Posting and Removal of Tickets
To post a ticket for sale on FanPass 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 FanPass through any other site. We reserve the right to prohibit users from posting tickets on FanPass if they are not able to provide the exact tickets they posted on FanPass.
4.b Stolen Property
The sale of stolen property on FanPass is strictly forbidden and violates local, country and international law. FanPass 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.c Sellers Shall Not Include 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 FanPass. This includes, without limitation, material that announces a website or invites the Buyer to visit a website other than FanPass, 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 your payment may be withheld if you violate this clause.
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 / receipt of a ticket, and the price you paid for a ticket.
5.b 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. You agree that payments owing to you for sales made through this site may be suspended or delayed and that we are not obligated to pay you for any sales if we have a good faith basis to believe such sales were unlawful or otherwise made in material violation of this agreement. On termination, your items may be de-listed if you are a Seller and Your purchases may be cancelled if you are a Buyer.
5.c Disclosure of 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.d Making Adjustments
If (1) a sale is cancelled for any reason; (2) we reasonably believe that you have committed fraud or other illegal act or omission during any buying or selling activity; (3) you leave a sale unconfirmed for more than 24 hours and do not Report a Problem; (4) 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; (5) you send incorrect, misrepresented, invalid, fraudulent or counterfeit tickets or related passes for any sale or portion of a sale; (6) You otherwise owe FanPass a specific amount; or (7) You otherwise breach this Agreement or owe Us a specific amount, then you authorize FanPass to withhold payment or charge your Payment Method any amount you owe us and all costs FanPass incurs due to your conduct, including but not limited to, a late shipment fee or late delivery fee, reprinting fee, shipping re-routing charges, the cost of replacement tickets or related passes, coupons, gift certificates, refunds, and other costs required to compensate the Buyer or Seller for his or her bad experience, with a minimum charge of £20 per ticket (or the equivalent in their listing currency). We may also first deduct any amount you owe us from any amount we owe you. Closing of accounts or opening and maintaining more than one account does not alter your total liability to us, and we may combine amounts due to us from multiple accounts.
6.a No 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.b Waiver of Consequential Damages; Liability Limit
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 (1) £200, and (2) 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 we are 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.c 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.
We are not involved in the actual transactions between Buyers and Sellers. If You have a dispute with one or more members, You release FanPass 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.e 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 FanPass 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 FanPass that arise out of any third party or governmental claim that involves, relates to or concerns (1) any local, regional, country, or international tax obligation or amounts due or owing under any tax regulation, law, order or decree or (2) any dispute concerning the tax status of FanPass.
6.f 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.g Third Party Information
We do not control the information provided by other users which is made available through the Site. You may find other user’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution when using the Site and remember that there are risks of dealing with people acting under false pretences. By using this Site, You agree to accept such risks and agree that FanPass is not responsible for the acts or omissions of users on the Site.
6.h All Sales and Purchases are Final
All sales and purchases are final. No refunds, cancellations or exchanges will be issued without Fanpass approval. No refund will be issued for date or time changes, partial performances, or lost tickets. Every refund – if agreed – may be proceeded without the handling fees of the transaction which means that every users agreed that if refund agreed, this service fees is strictly non refundable. Some refund may be subject to currencies changes / rates : Fanpass is not responsible for any losses causes by the currencies on the refund.
6.i 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. the Site will be temporarily unavailable, During this time.
Except as expressly stated otherwise, all notices to FanPass shall be sent through the email form provided on the Site under the Contact Us link. 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.a Ownership of Intellectual Property
You acknowledge and agree that (1) our patents, trade marks, trade names, service marks, copyrights and other intellectual property (collectively, “Intellectual Property”) is and shall remain our sole property, and (2) 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 FanPass’s Intellectual Property.
Copyright © 2015, FanPass Inc. The software and the Site, including without limitation all text, graphics, logos, buttons, images, audio clips, and computer programs, are the property of FanPass 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 FanPass 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.c Additional Policies
This Agreement incorporates by reference the following policies and documents also found on the Site
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 FanPass, 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.
7.e Stripe Connected Account Agreement
Payment processing services for sellers and buyers on The Site are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a account holder on The Site, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of The Site enabling payment processing services through Stripe, you agree to provide The Site accurate and complete information about you and your business, and you authorize The Site to share it and transaction information related to your use of the payment processing services provided by Stripe.
Thank you for using FanPass!