TERMS AND CONDITIONS – Seatsza

www.seatsza.com

Effective date: 1st September 2023

  1. Introduction

1.1 Last Updated Date This document was last updated on 1st September 2023, and supersedes all previous versions of the Terms and Conditions pertaining to the Seatsza platform.

1.2 Overview of the Platform www.seatsza.com (“the Platform”), owned and operated by Ticketshop Management Ltd, a company incorporated in Malta, is a premier online marketplace facilitating the sale and purchase of tickets for various events globally. The Platform serves as a conduit connecting ticket sellers and buyers, offering a seamless and secure transaction experience.

1.3 Acceptance of Terms By accessing and using the Platform, you (“User”) agree to adhere to and be bound by the terms and conditions set forth herein (“Terms and Conditions”). These Terms govern your access to and use of the services offered by the Platform, and constitute a legal agreement between you and Ticketshop Management Ltd.

  1. Definitions

In these Terms and Conditions, unless the context otherwise requires, the following terms shall have the meanings ascribed to them below:

2.1 User: Refers to any individual or entity that accesses or uses the Platform, whether as a buyer or a seller.

2.2 Platform: Refers to the website www.seatsza.com and any associated services, features, and applications owned and operated by Ticketshop Management Ltd.

2.3 Content: Refers to any data, text, graphics, images, and other materials displayed or made available on the Platform.

2.4 Ticket(s): Refers to tickets or passes for events that are listed for sale or purchase on the Platform.

  1. User Agreement

3.1 Scope of Agreement This User Agreement outlines the terms governing the use of the Platform and forms an integral part of the contractual relationship between the User and Ticketshop Management Ltd.

3.2 Associated Policies and Notices The User Agreement incorporates by reference various policies and notices, including but not limited to the Privacy Policy, Cookie Policy, and Refund Policy, which are deemed to be a part of these Terms and Conditions.

3.3 Changes to the Agreement Ticketshop Management Ltd reserves the right to modify or amend this User Agreement at its sole discretion. Any changes will be communicated to the Users through the Platform, and the continued use of the Platform following such notification shall constitute acceptance of the modified terms.

  1. User Account

4.1 Account Creation To utilize certain features and services of the Platform, Users are required to create an account by providing necessary personal information, which will be handled in accordance with our Privacy Policy.

4.2 Account Security Users are responsible for maintaining the confidentiality of their account credentials and for all activities that occur under their account. Any unauthorized use of a User’s account must be promptly reported to Ticketshop Management Ltd.

4.3 Account Termination Ticketshop Management Ltd reserves the right to suspend or terminate a User’s account at its sole discretion, including in cases of breach of these Terms and Conditions.

  1. Use of the Platform

5.1 User Obligations Users are obligated to use the Platform in a lawful manner and in compliance with all applicable laws and regulations. Users shall not engage in activities that could harm the Platform or infringe upon the rights of others.

5.2 Prohibited Activities The Platform prohibits activities that are fraudulent, misleading, or violative of any applicable laws and regulations. Engaging in prohibited activities may result in account suspension or termination and legal action.

5.3 Compliance with Laws Users must ensure that their use of the Platform complies with all local, state, national, and international laws and regulations. Ticketshop Management Ltd is not responsible for any violations committed by Users.

  1. Content

6.1 User Content

6.1.1 Users may post, upload, publish, submit or transmit content, including but not limited to text, graphics, images, music, software, audio, video, and information on tickets for sale (“User Content”).

6.1.2 Users retain the ownership rights of the User Content that they submit to the Platform. However, by submitting User Content on or through the Platform, Users grant Ticketshop Management Ltd a worldwide, non-exclusive, royalty-free, irrevocable, sublicensable, and transferable license to use, view, display, reproduce, and modify the User Content for the sole purpose of operating and improving the Platform.

6.2 Platform Content

6.2.1 Apart from User Content, the Platform may contain content created by Ticketshop Management Ltd or its licensors (“Platform Content”). The Platform Content includes but is not limited to trademarks, service marks, logos, and copyrighted material.

6.2.2 The Platform Content is protected under intellectual property laws and international intellectual property treaties. Users are granted a limited, non-exclusive, and non-transferable license to access and use the Platform Content solely for personal and non-commercial purposes in connection with their use of the Platform.

6.3 Intellectual Property Rights

6.3.1 All intellectual property rights in the Platform and the Platform Content, including copyrights, trademarks, and patents, are the property of Ticketshop Management Ltd or its licensors.

6.3.2 Users shall not use, reproduce, distribute, or create derivative works based on the Platform Content without express written permission from Ticketshop Management Ltd or the respective intellectual property owner.

  1. Transactions

7.1 Buying Tickets

7.1.1 The Platform provides a venue for Users to purchase tickets for various events from sellers. Buyers are required to review the description and details of the tickets carefully before making a purchase.

7.1.2 Ticketshop Management Ltd does not guarantee the authenticity or quality of the tickets sold on the Platform. Buyers are encouraged to perform due diligence and to communicate with sellers to verify the details of the tickets.

7.2 Selling Tickets

7.2.1 Sellers are permitted to list tickets for sale on the Platform. Sellers are required to provide accurate and detailed information regarding the tickets they are selling.

7.2.2 Sellers are obligated to comply with all applicable laws and regulations regarding the sale of tickets. Ticketshop Management Ltd reserves the right to remove listings that violate these Terms and Conditions or any applicable laws.

7.3 Transaction Guarantees

7.3.1 Protection of Interests

7.3.2 Guarantees Offered: The Platform extends certain guarantees to safeguard the interests of both buyers and sellers engaged in transactions through the site. These guarantees are devised to foster a trustworthy and secure transaction environment on the Platform.

7.3.3 Modifications to Guarantees: Ticketshop Management Ltd retains the unalienable right to alter or cease the transaction guarantees at any given moment, aligning with its sole discretion, without any obligation to notify or be liable to the users for any modifications or cessation.

7.4 Payment Processing

7.4.1 Payment for transactions on the Platform will be processed through secure payment gateways integrated with the Platform.

7.4.2 Ticketshop Management Ltd is not responsible for any issues or disputes arising from payment processing, including but not limited to payment failures, unauthorized transactions, or fraud.

  1. Refund Policy

8.1 Event Cancellations

8.1.1 In the event of a cancellation of an event and not rescheduled, buyers may be eligible for a refund of up to 70% of the amount paid, as per the terms specified by the seller.

8.1.2 The Platform will facilitate the refund process in accordance with the refund policies.

8.2 Non-completion of Orders

8.2.1 In cases where the seller fails to complete an order and the Platform cannot find a replacement of equal or higher category, the buyer may be eligible for a refund as per the terms specified by the seller.

8.2.2 The Platform will facilitate the refund process and work diligently to ensure that buyers are compensated fairly for incomplete orders.

8.3 Refund Procedures

8.3.1 Refund requests must be submitted through the Platform within a specified time frame following the event cancellation or non-completion of order.

8.3.2 The Platform will process refunds in accordance with the policies and procedures established by Ticketshop Management Ltd, and further details can be found in the Refund policy.

  1. Fees and Charges

9.1 Service Fees

9.1.1 Introduction to Fees: The Platform may charge service fees for facilitating transactions between buyers and sellers. These fees help to maintain and improve the services offered by the Platform.

9.1.2 Notification of Fees: The applicable service fees will be displayed to the users at the time of listing tickets for sale or making a purchase. Users agree to pay the service fees as specified on the Platform.

9.2 Additional Charges

9.2.1 Incurred Costs: In addition to service fees, users may incur additional charges, including but not limited to payment processing fees, shipping fees, or other administrative charges.

9.2.2 Responsibility for Charges: Users are responsible for paying any additional charges that they incur while using the Platform. These charges will be specified during the transaction process.

  1. Privacy Policy

10.1 Collection of Personal Information

10.1.1 Information Collection: The Platform collects personal information from users to facilitate transactions and to provide a personalized user experience. The types of information collected may include contact details, payment information, and other personal data as described in our Privacy Policy.

  1. Cookie Policy

11.1 Cookie Policy Document: The Platform employs cookies to enhance user experience and facilitate improved service delivery. Comprehensive details regarding

  1. Third-Party Links and Services

12.1 Third-Party Websites

12.1.1 Linking to External Sites: The Platform may contain links to third-party websites that are not owned or controlled by Ticketshop Management Ltd. These links are provided for user convenience and do not signify endorsement of the third-party websites or their content.

12.1.2 No Liability for Third-Party Content: Ticketshop Management Ltd does not assume any responsibility or liability for the content, practices, or policies of third-party websites. Users are encouraged to read the terms and conditions and privacy policies of third-party websites before using their services.

  1. Intellectual Property

13.1 Copyright

13.1.1 Protection of Original Content: The Platform contains original content that is protected by copyright laws. This includes, but is not limited to, text, graphics, logos, and multimedia content.

13.1.2 Prohibition on Unauthorized Use: Users are prohibited from using, reproducing, distributing, or creating derivative works based on the copyrighted content available on the Platform without obtaining prior written permission from Ticketshop Management Ltd or the respective copyright owner.

13.2 Trademarks

13.2.1 Trademark Ownership: All trademarks, service marks, trade names, logos, and trade dress displayed on the Platform are the property of Ticketshop Management Ltd or their respective owners.

13.2.2 Restrictions on Use: Users may not use, copy, reproduce, or distribute any trademarks found on the Platform without the express written consent of Ticketshop Management Ltd or the respective trademark owner.

  1. Dispute Resolution

14.1 Governing Law

14.1.1 Jurisdiction: These Terms and Conditions shall be governed by and construed in accordance with the laws of Malta, without regard to its conflict of law principles.

14.1.2 Competent Courts: Any disputes arising out of or in connection with the use of the Platform shall be subject to the exclusive jurisdiction of the competent courts in Malta.

14.2 Arbitration Clause

14.2.1 Agreement to Arbitrate: In the event of any dispute, claim, or controversy arising out of or in relation to these Terms and Conditions, or the breach thereof, the parties agree to settle the dispute through binding arbitration.

14.2.2 Arbitration Process: The arbitration shall be conducted by a single arbitrator appointed in accordance with the rules of the Malta Arbitration Centre. The arbitration shall take place in Malta and shall be conducted in English.

14.3 Class Action Waiver

14.3.1 Waiver of Class Actions: Users agree that any disputes shall be arbitrated on an individual basis, and not as a class action or other representative action. Users waive their right to participate in a class action against Ticketshop Management Ltd.

  1. Limitation of Liability

15.1 Limitations on Liability

15.1.1 Disclaimer of Liability: Ticketshop Management Ltd shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from the use of the Platform.

15.1.2 Cap on Liability: To the extent permitted by law, the total liability of Ticketshop Management Ltd for any claim arising out of or relating to these Terms and Conditions or the use of the Platform shall not exceed the amount paid by the user to Ticketshop Management Ltd in the twelve months preceding the claim.

15.2 Indemnification

15.2.1 User Indemnification: Users agree to indemnify and hold harmless Ticketshop Management Ltd, its directors, officers, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of or in connection with their use of the Platform or violation of these Terms and Conditions.

  1. Warranties and Representations

16.1 Disclaimer of Warranties

16.1.1 No Warranties: The Platform is provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

16.1.2 No Guarantee of Accuracy: Ticketshop Management Ltd does not warrant or guarantee the accuracy, reliability, completeness, or timeliness of the content available on the Platform.

16.2 User Representations

16.2.1 Truthful Information: Users represent and warrant that all information provided to the Platform, whether at the time of registration or during any transaction, is true, accurate, and complete.

16.2.2 Compliance with Laws: Users represent and warrant that their use of the Platform will be in compliance with all applicable laws and regulations.

  1. Confidentiality

17.1 Confidential Information

17.1.1 Definition: Confidential Information refers to any data or information, oral or written, disclosed by Ticketshop Management Ltd to users that is not generally known to the public and the user understands is proprietary.

17.1.2 Obligation of Confidentiality: Users are obligated to restrict disclosure of the Confidential Information to employees, agents or third parties as necessary and only for the disclosed purpose.

17.2 Disclosure of Confidential Information

17.2.1 Permitted Disclosures: Users may disclose Confidential Information if required by law or by any judicial or governmental order or request.

17.2.2 Notice of Disclosure: Users agree to provide Ticketshop Management Ltd with prompt notice of any such legal or judicial request for disclosure.

  1. Security

18.1 Platform Security

18.1.1 Security Measures: Ticketshop Management Ltd implements reasonable security measures to safeguard the Platform and user data against unauthorized access, alteration, disclosure, or destruction.

18.1.2 User Responsibility: Users are responsible for protecting the security of their account credentials and personal information.

18.2 Reporting Security Breaches

18.2.1 Notification of Breach: In the event of any security breach that affects users or the Platform, Ticketshop Management Ltd shall notify the affected users and competent authorities as required by law.

18.2.2 User Cooperation: Users agree to cooperate with Ticketshop Management Ltd in any investigation or remedial actions undertaken to address security breaches.

  1. Miscellaneous

19.1 Severability

19.1.1 Invalid Provisions: If any provision of these Terms and Conditions is found to be invalid or unenforceable under applicable law, such provision shall be modified to the extent necessary to render it valid and enforceable, or deleted, without affecting the remaining provisions.

19.2 Waiver

19.2.1 No Waiver: The failure of Ticketshop Management Ltd to enforce any right or provision of these Terms and Conditions shall not constitute a waiver of that right or provision.

19.2.2 Written Waiver: Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by Ticketshop Management Ltd.

  1. Contracting Entity

20.1 Identification of Contracting Entity

20.1.1 Contracting Entity: The contracting entity for these Terms and Conditions is Ticketshop Management Ltd, a company registered in Malta.

20.1.2 Address of Record: The registered office of Ticketshop Management Ltd is Northlink Business Centre, Level 2, Triq Burmarrad, Naxxar, NXR6345, Malta.

20.2 Contact Details of Contracting Entity

20.2.1 Contact Details: Users may reach out to Ticketshop Management Ltd using the following channels for any inquiries or concerns regarding these Terms and Conditions:

20.2.2 Customer Support: For customer support and assistance, users may communicate through the aforementioned contact details. The Ticketshop Management Ltd team is committed to addressing your inquiries in a timely manner.

  1. Global User Agreement

21.1 Scope of Global Agreement

21.1.1 International Access: The Platform may be accessed by users globally. Users are responsible for compliance with the laws and regulations of their respective jurisdictions while using the Platform.

21.1.2 Regional Variations: Certain services or features of the Platform may not be available in all regions. Ticketshop Management Ltd reserves the right to limit the availability of the Platform and its services in certain regions.

21.2 Special Provisions for Certain Countries

21.2.1 Local Laws and Regulations: Users from certain countries may be subject to additional terms and conditions due to local laws and regulations. These provisions will be communicated separately, as applicable.

21.2.2 Conflict with Local Laws: In the event of a conflict between these Terms and Conditions and the laws of a user’s local jurisdiction, the local laws shall prevail to the extent of the conflict.

  1. Seller Policies

22.1 Obligations of Sellers

22.1.1 Accurate Listings: Sellers are obligated to provide accurate and complete information regarding the tickets they list for sale on the Platform.

22.1.2 Compliance with Laws: Sellers must comply with all applicable laws, regulations, and policies of the Platform while listing and selling tickets.

22.2 Prohibited Seller Activities

22.2.1 Misrepresentation: Sellers are prohibited from misrepresenting the tickets they list for sale, including providing false information or selling counterfeit tickets.

22.2.2 Unfair Practices: Sellers must not engage in unfair practices, including price manipulation, false advertising, or any other manipulative practices.

  1. Buyer Policies

23.1 Obligations of Buyers

23.1.1 Truthful Information: Buyers are required to provide truthful and accurate information when creating an account and conducting transactions on the Platform.

23.1.2 Compliance with Terms: Buyers must comply with these Terms and Conditions and any other policies or guidelines set forth by Ticketshop Management Ltd.

23.2 Prohibited Buyer Activities

23.2.1 Unauthorized Transactions: Buyers are prohibited from engaging in unauthorized transactions, including attempting to bypass the Platform’s payment system or conducting fraudulent transactions.

23.2.2 Abuse of Platform: Buyers must not abuse the Platform by engaging in activities such as harassment, spamming, or attempting to exploit vulnerabilities in the Platform’s systems.

  1. Events and Ticketing

24.1 Event Listings

24.1.1 Event Information: The Platform provides listings of various events. While we strive to provide accurate and up-to-date information, we cannot guarantee the accuracy of event listings.

24.1.2 Event Changes: Event details may change, and it is the responsibility of users to verify the event details with the official event organizers.

24.2 Ticket Descriptions

24.2.1 Ticket Details: Sellers are required to provide detailed descriptions of the tickets they list for sale, including any restrictions or conditions associated with the tickets.

24.2.2 Accuracy of Descriptions: Ticketshop Management Ltd does not warrant the accuracy of ticket descriptions and users should conduct due diligence before making a purchase.

24.3 Event Changes

24.3.1 Notification of Changes: In the event of changes to event details, Ticketshop Management Ltd will endeavor to notify users, but cannot guarantee timely notification.

24.3.2 No Liability for Changes: Ticketshop Management Ltd shall not be liable for any losses or damages arising from changes to event details.

  1. Contact Us

For any inquiries, concerns, or assistance, please feel free to reach out to us through the following channels:

We are committed to providing prompt responses to your queries and fostering seamless communication. Your feedback and satisfaction are of utmost importance to us.