Seatwave Ltd User Agreement

The agreements incorporated by reference may be updated and new such agreements added from time to time. In such cases the modification provision above will also apply to these updated agreements.

SELLING TICKETS
4.1. Listing: As a Seller, the first step to selling your tickets on Seatwave is to list your tickets, so any Buyers out there can see what's available. When you list your tickets you are required to enter all the relevant information about each ticket you are listing, including the name of the event, the date, the face value of the ticket, the section, seat, row and so on, all in accordance with the information requested during the listing process - don't forget the price you want for your ticket! You agree to supply the fullest possible information about any ticket you list. When signing up as a Member you must provide a valid credit card or debit card, which should be considered security against the accuracy and completeness of the information you provide about the ticket you list, as well as against any failure to supply a ticket after a Buyer accepts your offer to sell that ticket (see "Commitment to Supply", below). If for any reason the ticket is not as you have listed or you are otherwise in breach of this Agreement, there may be circumstances in which we can debit money (see Clause 9: Financial Consequences) from your credit card, debit card or your outstanding Seller account balance, for example if you list a ticket that doesn't exist, list a counterfeit ticket or one that you do not own. The credit card or debit card you submit to us must not expire before the date of the event for which you are selling a ticket. For example, if you are selling a ticket for a gig next June, your card must be valid at least until after that gig.
4.2. License: You give us the right to display the tickets you list on our Site and on the sites of our partners, by way of a grant of a non-exclusive, transferable, worldwide, royalty-fee and paid-up licence to reproduce, modify, adapt, display and publish the descriptions of your tickets. This is important because it permits us to get your listings seen by potential buyers.
4.3. VAT: If you are selling a ticket with us, you are responsible both for determining whether any VAT is chargeable on your sale of the ticket, and for collecting that VAT - this means in general that you should include any VAT in the price you list with us for any ticket. We're responsible for any VAT on the commission we charge. We'll make sure we break this down in any invoices and set it out clearly before you confirm any transaction.
4.4. Pricing: You can list your tickets for sale with us at a fixed or reducing price, which does not include handling & postage (we will calculate that and add it to the Buyer's shopping cart).
* Fixed Price: The seller sets the selling price which they can change at any time from within my account.
* Reducing Price: The seller chooses a selling price and a minimum price for the tickets. The selling price will be displayed until the "start reducing on" date is reached, at which time, the price of the tickets will decrease incrementally every day until the tickets sell or the minimum price is reached on the off sale date.
4.5. Seller's Fee: Listing tickets is free, although we do charge a fee for a successful sale of a ticket on our Site, which we call a Seller's Fee. The Seller's Fee applicable to your transaction will be set out for you to confirm when you list your tickets for sale.
4.6. Commitment to Supply: By listing a ticket with us, you are committing to supply that ticket; which means that you are making and communicating an offer to sell that ticket. When a Buyer agrees to buy the ticket, he or she is accepting your offer, and the transaction is binding on the parties and you are required to supply a ticket to the Buyer. If, for any reason, you fail to fulfil on the contract you have entered into in respect of the sale of your ticket to the Buyer, you agree that we can deduct payment from your credit/debit card or account balance with us, for expenses or charges that we incur in finding a replacement ticket or providing a refund. You further agree that we can set off any amount you owe us against any monies owing to you that we hold at any time. Please see clause 9 (Financial Consequences) for further information.
4.7. Acceptance of Your Offer to Sell: A Buyer accepting to buy one of your tickets has an enforceable contract to buy that exact same ticket (and no other!). You are then required to send the ticket to the Buyer as soon as possible after the order is confirmed and you have initiated the shipping process in My Account and been provided you with the Buyer's contact details.
4.8. Sending Buyer Details: When you begin the shipping process, we will provide you with a label to print for collection by UPS. Regardless of whether you use the UPS label provided by Seatwave or other delivery method, once the ticket(s) have been sent, you must destroy any record you may have of the Buyer's address and/or any other Buyer's personal data.
4.9. Dispatching Tickets You agree to send the ticket as soon as possible after confirmation of the order or the receipt of the ticket using the delivery method we specify (an A4 envelope and usually UPS or courier). If you do not ship the ticket using a mailing label provided by Seatwave, you agree to communicate the shipping tracking number to us in a form we may stipulate from time to time. You will not be paid if you fail to provide a shipping tracking number. If UPS is able to ship the ticket from you to the Buyers' address and you do not use UPS to ship the ticket, you assume all liability for the successful delivery of the ticket. Tickets must be posted out to the Buyers (or to Seatwave as indicated at the time of sale). Sellers are not permitted to hand-over or hand deliver tickets to Buyers. If a Buyer has not received from the Seller the tickets in good time before the start of the event or at such earlier time as the Seller is notified by Seatwave via email or telephone Seatwave will cancel the sale and find alternative tickets for the Buyer.Please see clause 9 (Financial Consequences) for charges imposed for failure to deliver a ticket.
4.10. Payment: At the point of their confirmation of the transaction, we charge or authorise the amount of the purchase price (plus any commission, VAT, etc.) on the Buyer's payment card. Payment for the ticket you sold will be forwarded to you as soon as we are satisfied that the ticket was valid and that you delivered the ticket paid for by the Buyer. In most cases, this will be approximately 14 days after the event has taken place.
4.11. Cancellation of an event: If the event for which you have sold tickets is cancelled, you agree to refund to us anything we have paid you for those tickets and you further agree we can set off any amount you owe us against any other monies we may owe you, as set out in clause 9 (Financial Consequences) below.
4.12. Designated football matches: You may not list tickets for a football match which is a designated football match for the purposes of section 166 of the Criminal Justice and Public Order Act 1994, as defined in the Ticket Touting (Designation of Football Matches) Order 2007 (http://www.opsi.gov.uk/SI/si2007/20070790.htm). In effect, this means that tickets to any international football match, or to any football match where one of the teams has its home ground in England or Wales, are not to be listed for sale on this Site.
4.13. Selling a Late Ticket: Sellers on Seatwave can post tickets using our "collectfrom" service for performances where Seatwave is offering this service. This allows you to sell right up until the event. When originally posting or upgrading to this service, please note that Seatwave needs to receive the tickets related to the posting before the posting is released on the Site. Tickets using the collectfrom service can be sent to Seatwave for free via the normal UPS fulfilment process. If you wish to change a collectfrom posting to a standard posting before you've sent us the tickets you can do so in the "My Account" part of the Site. collectfrom tickets will be collected by Buyers at a designated venue on the day of the event ("collectfrom Point"). Any unsold tickets can also be collected by the Seller on the day of the event from the same collectfrom Point. All Sellers collecting unsold tickets will be required to prove their identity at the collectfrom Point. Please note that (a) Seatwave is unable to return tickets designated as a collectfrom postings other than at the collectfrom Point on the day of the event or in accordance with Clause 4.14 below; (b) Seatwave only provides the collectfrom service to Sellers based in the same country as the performance the collectfrom ticket relates to; and (c) Seatwave is only responsible for the collectfrom ticketsonce they have been received by Seatwave.
4.14. Unsold collectfrom Tickets: If your collectfrom tickets have (i) not been sold and have not been cancelled and/or collected by you; or (ii) have been sold but have not been collected by the Buyer, by the time that the relevant collectfrom Point closes (the opening hours of the relevant Point are confirmed to Buyers and Sellers when an order is confirmed), then we will hold on to your tickets for 7 days after the date of the event. You are welcome to come and collect unsold tickets from the relevant Point during its opening hours (at your expense). After a week, we will dispose of your unsold tickets and they will no longer be available for collection.

• Sales that happen less than 5 working days before the event
• Listings indicated as care of Seatwave office, care of box office or collectfrom service; and
• Bundesliga & Seria A matches

• Seats in a row behind the row listed
• Seats in a block further from the performance area than listed
• Seats moved from a 'lower' to 'upper' block, irrespective of distance from the performance area
• Any change from seated to standing or vice versa
• Seats where the customer's perspective of the venue materially alters - e.g. half-way line position to behind the goal
• Seating arrangements where seats aren't together when stated previously they would be
• Seating restrictions not made clear in the ticket description at the time of sale
• Any other change which, in Seatwave's sole but reasonable opinion, is considered material

If the Buyer refuses to accept downgraded tickets the order will be considered broken and a "failed order charge" will be applied (see Clause 9.4 below).
9.4.Ticket Replacement Costs and Failed Order Charges: When (a) a sale is cancelled for any reason, (b) an adjustment is made under our TicketCover or Ticket Integrity Guarantees, (c) we reasonably believe that you have committed fraud or other illegal act or omission during any buying or selling activity, (d) you are not able to produce the exact seats that you listed on the Site, (e) you deliver invalid, incorrect or misrepresented tickets for any order or portion of order and the Buyer has not accepted the tickets, (f) you fail to ship by the expected ship date, or (g) otherwise fail to deliver tickets, you have broken your contract to supply the tickets purchased.This is a failed order ("Failed Order"). In the event of a Failed Order, Seatwave must replace the order with tickets from another source or provide the Buyer with a refund, at our discretion. In any event for a refund, you (x) will not be paid for the transaction, (y) you will be responsible for a Failed Order charge of £25 and (z) you will have to pay Seatwave 25% of the ticket value.
In addition, in the event that Seatwave sources replacement tickets, (x) you will not be paid for the order, (y) you will have to pay a Failed Order charge, and (z) you will have to pay any additional costs Seatwave incurs in finding replacement tickets. The replacement costs will depend on how much it costs us to purchase a comparable or better (at Seatwave's sole discretion) replacement ticket for the Buyer. Seatwave will not credit you if the ticket replacement cost is less than the transaction price.
9.5.Making Adjustments: In the event of a Failed Order you authorise us to withhold payment, offset or charge your credit card, debit card or bank account any amount that you owe us. If any of these things happen, we may also deduct the amount you owe us from the amount that we owe you.

9.6 US and Canadian-based Sellers:For US and Canadian-based Sellers, the charges specified in clause 9 are as follows:

• Late dispatch charge: $25 (C$25 for Canadian)
• Incorrect ticket charge: $80 (C$80 for Canadian)
• Failed order charge: $40 (C$40 for Canadian)