Terms & Conditions

Kindly review these Terms & Conditions (or "Terms") thoughtfully. Your use of Tixtree signifies your agreement to adhere to these Terms.

1. About this page

This page serves as a comprehensive overview of the Terms & Conditions governing your use of our Service. It is designed to provide you with essential information about the legal framework that applies to your interactions with Tixtree and the Service we offer.

1.1. Definitions

1. "Terms & Conditions" ("Terms") refers to the terms and conditions in this agreement.
2. "Service" refers to the comprehensive range of functionalities, features, and tools offered by Tixtree Ltd., accessible both online and offline through web and mobile applications.
3. "Provider" ("We", "Our", "Us") refers to Tixtree Ltd., company that provides the Service.
4. "Organizer" ("You", "Your") refers to the individual or business entity that directly utilizes the Service to design, promote, and manage events while facilitating the sale of tickets to their respective customers.
5. "Consumer" refers to the clientele of the Organizer who engage with and utilize the Service to purchase tickets, access events, and partake in associated products and services.
6. "Payment Processor": refers to the third-party service provider that facilitates secure and efficient electronic transactions between Consumers and Organizers, enabling the processing of payments for event tickets, products, and services.
7. "Content: refers to any material provided or posted by Organizers while using the Service.
8. "Data Protection Law" refers to the comprehensive body of legislation, regulations, and rules that govern the collection, processing, storage, and transmission of personal data to ensure the privacy and security of individuals' information. This legal framework encompasses various laws and regulations, including but not limited to the Data Protection Act 2018 and the UK General Data Protection Regulation (UK GDPR) in the United Kingdom, as well as the European Union's General Data Protection Regulation (EU GDPR) and any other applicable data protection and privacy laws within the UK and the European Union.

1.2. Introduction

This page, in conjunction with our Privacy Policy, serves as a comprehensive source of information regarding both our company and the legal framework that governs our service.

We kindly request your thorough consideration of these Terms. Prior to enrolling in our Service, we urge you to take the time to comprehensively grasp their content. This step is crucial to ensuring that you possess a clear and informed understanding of the commitments and provisions that underlie our offerings.

1.3. Acceptance of Terms Agreement

By creating an account on tixtree.com and utilising our Service, you agree to abide by these Terms. If you disagree with any part of these Terms, we respectfully ask that you refrain from accessing or utilising our Service.

1.4. Modifications and Updates

As part of our commitment to ensuring the utmost transparency and compliance, we reserve the right to modify or update these Terms periodically. We encourage you to stay informed about any revisions by regularly visiting this page. Your continued use of our Service following such modifications signifies your ongoing acceptance of the updated Terms. If you disagree with any future updates to these Terms, you have the right to suspend your use of our Service without prior notice.

2. The Service Provider

Tixtree Ltd, the operator of tixtree.com, represents our trading entity. As a registered entity at Companies House under the number 14884488, our headquarter is situated at 3 Radipole Road, SW6 5DN, London, United Kingdom.

To initiate correspondence with us, feel free to connect via our chat messenger.

3. The Service

Our Service consists in a cloud based software that allows:

1. creating pages that describe upcoming in-person or virtual events;
2. selling tickets for attending upcoming in-person or virtual events;
3. selling tickets for redeeming add-ons (services, physical or digital products);
4. promoting upcoming in-person or virtual events;
5. validating tickets through digital QR code scanners.

3.1. Service Interruptions

Temporary suspension of Service access, sans prior notice, may occur due to system failure, maintenance, or circumstances beyond our control. In those circumstances, we commit to restoring the service as quickly as possible, but we cannot be held responsible for any damages caused by the temporary absence of service.

3.2. Service Consumption

The service becomes accessible upon completing the account registration process. Account registration must be intended limited to individuals of at least 18 years of age, who are event organizers or have explicit authorization from event organizers to sell tickets for each event.

3.3 Third-Party Partners

Within our Service, you gain access to a range of features made possible through our integration with third-party partners. While we strive to ensure the quality and reliability of these partner services, we must emphasize that any liability stemming from the services provided by our third-party partners is hereby released. This includes any issues related to service interruptions, loss of data, increase of fees, errors, or malfunctions encountered while utilising these integrated features. Rest assured, we remain committed to facilitating seamless access to these services and will endeavor to address any issues promptly.

4. The Content

Tixtree does not review any event content before it is made public, nor does it monitor communications between you and your consumers.

When utilising our service, you bear full responsibility for all content uploaded to our website and all communication with your consumers. This includes, but is not limited to, images, videos, links, and text.

Upon publication of the event, we may review your content to ensure it adheres to and is acceptable according to the following guidelines:

1. Accuracy: Ensure that all information provided on event pages, including event details, dates, times, and locations, is accurate and up-to-date.
2. Legality: Content must comply with all applicable laws and regulations, including those related to intellectual property rights, privacy, and consumer protection.
3. Respectfulness: Content should be respectful and not contain any discriminatory, hateful, or offensive language or imagery.
4. Non-Deceptive: Content should not be deceptive or misleading. All information provided should be truthful and transparent.
5. Originality: Ensure that all content, including images, videos, and text, is original or used with proper authorization. Avoid infringing on the intellectual property rights of others.
6. Relevance: Content should be relevant to the event being promoted. Avoid including unrelated or off-topic content.
7. Safety: Ensure that content does not promote or encourage unsafe or harmful behavior. This includes activities that pose a risk to personal safety or violate public health guidelines.
8. Professionalism: Maintain a professional tone and presentation in all communications and content. Avoid using inappropriate language or imagery.
9. Compliance: Content must comply with the terms and conditions of the ticketing platform, including any guidelines or policies set forth by the platform.
10. Responsibility: Event organizers are responsible for monitoring and managing their event pages and communications with consumers. Promptly address any concerns or complaints raised by consumers.

Failure to adhere to the above guidelines may result in the suspension or termination of your account, preventing future use of the Service.

5. Service Fees

Our fees are applied per paid item (tickets, reserved seats, add-ons, donations, and gift cards) under a simple "Pay As You Sell" model.

Tickets priced at 0.00, indicating free admission, are exempt from charges, unless they fall under the uses described in Section 10.

5.1 Locked Price

Our fees are based on the plan linked to your account, which is intended to remain in effect for the lifetime of your account. This ensures the price you agree to at sign-up will not increase over time. However, if your account is inactive for 12 consecutive months without any paid ticket activity, we reserve the right to move your account to the plan that is available at that time.

5.2. Service Fees Collection

Our fees are automatically deducted as soon as a transaction is successfully completed. This ensures that you receive the full amount of your order, minus our service fees, as well as any fees associated with the involvement of third-party partners in the transaction.

5.3. Invoices

We are committed to maintaining transparency in financial matters. To that end, a comprehensive statement and invoice will be available for you to be downloaded from our website on a monthly basis. These documents will itemize all incurred fees and applicable taxes paid to us.

5.4. Refunds

It's crucial to note that the nature of our fees is non-refundable, whether in the event of cancellation or refund to the Consumer.

6. Ownership of Intellectual Property Rights

Subject to provisions stated elsewhere in the Terms, we maintain ownership or licensing rights over all intellectual property associated with the Service, protected by copyright laws and international treaties.

You acknowledge that your use of the Service is limited to personal use only, and you agree not to engage in any activities that involve copying, duplicating, displaying, transmitting, distributing, modifying, or preparing derivative works for any purpose other than personal use, unless expressly permitted in writing by us.

7. Intellectual Property Complaints

7.1. Respect for Third-Party Rights

We respect the intellectual property rights of third parties and expect Organizers to do the same. As a platform provider, we do not create, review, monitor, or verify any events, descriptions, images, names, branding, or other content submitted by Organizers ("Organizer Content"), and we rely on Organizers to ensure that all such content complies with applicable laws, including intellectual property laws.

7.2. Handling of IP Complaints

If we receive a complaint alleging that Organizer Content infringes any copyright, trademark, or other intellectual property right of a third party, we may, at our sole discretion:
(a) forward the complaint and any supporting information to the relevant Organizer so that the matter may be addressed directly between the parties; and/or
(b) request additional information from the complainant to clarify the nature of the allegation.

7.3. No Obligation to Remove Content

We shall have no obligation to remove, disable, take down, alter, or restrict access to any Organizer Content based solely on an allegation of infringement. We may elect to take action only where we are provided with valid legal documentation, which may include (without limitation):
(a) a court order;
(b) an injunction; or
(c) a legally binding directive issued by a competent authority requiring removal or restriction of the relevant content.

7.4. Organizer Responsibility for IP Xompliance

Organisers acknowledge and agree that they are solely responsible for ensuring that their events, descriptions, branding, and other Organizer Content do not infringe any third-party rights, including intellectual property rights. Any dispute or claim arising out of Organizer Content is strictly between the Organizer and the third party making the allegation. We shall not be a party to such disputes.

7.5. Indemnification for IP Claims

In accordance with Section 8 (Limitation of Liability & Indemnification), Organizers shall indemnify, defend, and hold us harmless from and against any and all claims, losses, liabilities, damages, and expenses (including reasonable legal fees) arising out of or relating to allegations that their Organizer Content infringes or violates the rights of any third party.

7.6. Submission of Legal Notices

Formal legal notices relating to alleged intellectual property infringement must be sent to: legal@tixtree.com. Notifications sent through other channels may not receive a response.

8. Limitation of Liability & Indemnification

Under no circumstances will we, or our directors, employees, or agents, be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profits, lost revenue, lost data, or other damages arising from your use of the service, even if we have been advised of the possibility of such damages. Regardless of the form of action, our liability to you for any cause whatsoever will always be limited to £100.00.

You agree to defend, indemnify, and hold us harmless, including our directors, employees, or agents, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:

1. your use of the Service;
2. any breach of these legal Terms;
3. any breach of your representations and warranties set forth in these legal Terms;
4. your violation of the rights of a third party, including but not limited to intellectual property rights;
5. any overt harmful act toward any Consumer with whom you connected via the Service.

However, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will make reasonable efforts to notify you of any such claim, action, or proceeding subject to this indemnification upon becoming aware of it.

These Terms do not aim to limit or exclude Consumers' legal rights.

9. Organizer and Consumer Data

We will retain certain data that you or your Consumer transmit to the Service. While we conduct regular backups, you are solely responsible for all data transmission and activities undertaken using the Service. By using the Service, you agree that we bear no liability for any loss or corruption of such data, and you hereby waive any right to pursue action against us for such loss or corruption.

In accordance with our commitment to privacy and data protection, we hereby affirm that any data collected from Consumers (event attendees) is utilized solely for the purpose of delivering our services on behalf of the event Organizer. This includes facilitating ticket sales and providing email notifications as dictated by the features employed by the event Organizer. Under no circumstances do we engage in the sale or transfer of attendee data to any third party. Our dedication to safeguarding the confidentiality and integrity of attendee information remains paramount, and we adhere strictly to this principle in all aspects of our operations. By utilising our services, attendees can trust that their data is treated with the utmost respect and confidentiality.

10. Prohibited Conduct

Organizers are strictly prohibited from engaging in any form of abusive conduct, including but not limited to:

1. Harassment
2. Hate speech
3. Illegal activities
4. Spamming
5. Intellectual property infringement
6. Fraudulent activities (e.g., selling counterfeit tickets, misrepresentation of events)
7. Financial misconduct (e.g., price gouging, unauthorised transactions)
8. Data misuse (e.g., unauthorised collection or sharing of attendee information)
9. Violation of health and safety regulations
10. Gambling (e.g., betting, lotteries, games of chance not authorized by law)
11. Misrepresentation or impersonation (e.g., acting as another individual, organization, or authority without consent)
12. Prohibited substances or activities (e.g., promotion or facilitation of illegal substances, weapons, or related activities)
13. Exploitation of minors (e.g., activities involving or promoting content exploiting children or vulnerable individuals)
14. Unauthorized advertising (e.g., unsolicited advertisements, promotions, or pyramid schemes)

Any violation of these terms will result in the immediate suspension or termination of access to our platform, and may lead to legal actions where applicable. We reserve the right to take further actions, including but not limited to notifying law enforcement or other authorities, should the violation warrant such measures.

11. Feature Limitations

The following limitations apply to specific features on our platform. Failure to comply with these restrictions may lead to the immediate suspension or termination of access to the platform or the respective feature:

1. Free Admission/Add-on Tickets
   Free tickets must not be issued if participants are required to make an in-person payment or use an external payment platform to access the event or redeem the add-on. Free tickets should genuinely provide free access or free items without any conditions.
   Events that request a "suggested donation" in advance of attendance will be considered paid events and are therefore not permitted under the free plan. Organizers who wish to collect voluntary contributions should instead use Tixtree's dedicated donation feature, which allows attendees to make optional donations during checkout.
   Events funded, sponsored, or otherwise financially supported by third parties are not considered free for the purposes of our free plan and may be subject to paid plans or additional fees where ticket volumes or operational costs are significant.
2. Email Broadcast
   This feature is exclusively for event-related announcements, such as updates, reminders, or essential notifications regarding the event. It is strictly prohibited to use this feature for marketing, promotional campaigns, or unrelated communications that are not directly connected to the event for which tickets have been issued. Any misuse may result in the suspension or restriction of access to the feature.
3. Walk-in Attendance Tracking
   The Service must not be used as a check-in or attendance tracking tool for walk-in or non-ticketed participants. Tixtree is designed for managing ticketed events, and using the platform for unregistered attendees or door counting purposes falls outside fair usage and may result in account suspension or service fees.

12. Disclaimer

The Service is provided on an "as-is" and "as-available" basis. Your use of the Service is at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the content provided by the Service or linked websites and mobile applications. We shall not be liable for any errors, mistakes, or inaccuracies in the content and materials, nor for any personal injury or property damage resulting from your access to and use of the Service. We do not warrant that the Service will be secure, uninterrupted, or free of bugs, viruses, or other harmful components.

Furthermore, we disclaim any responsibility for any unauthorized access to or use of our secure servers and/or any personal or financial information stored therein. We will not be liable for any interruption or cessation of transmission to or from the Service, nor for any loss or damage incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Service.

We do not endorse, guarantee, or assume responsibility for any product or service advertised or offered by third parties through the Service or any linked website or mobile application. We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.

Likewise, you should exercise caution and use your best judgment when engaging in transactions with third parties, whether through the Service or otherwise.

13. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them, their subject matter, or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England, without regard to its conflict of law principles.

Any dispute, controversy, or claim arising out of or relating to these Terms or their breach, termination, validity, or interpretation shall be subject to the exclusive jurisdiction of the courts of England. You hereby consent to the personal jurisdiction of such courts and waive any objections to the exercise of jurisdiction over you by such courts, including any forum non conveniens objections.

In the event of any discrepancy or inconsistency between the English language version of these Terms and any version translated into another language, the English version shall prevail.

This Governing Law and Jurisdiction clause shall survive the termination or expiration of these Terms.