TERMS AND CONDITIONS
1.1 Please note to use the Service Users must Accept these Terms which should be read carefully prior to using the Service. These Terms represent a binding contract between BARZLIVE and the User. If the User does not wish to be bound by these Terms the User should not Accept these Terms.
2.1 In this Agreement the following terms shall unless the context otherwise requires have (whether with or without the definite article) the following meanings:
(i) to register to use the Service by means of the check out screen; or
(ii)to use the Service;
and thereby to consent to be bound by these Terms;
|“Content”||means information, software, photographs, video, graphics, music, sound and other material that appears on the Website or are made available through the Service;|
|“Service”||means the entertainment, advertisements, Ticket sales and information provided by BARZLIVE by means of the Website and/or SMS;|
|“Intellectual Property Rights”||means throughout the world all copyrights, database rights, trade marks, trade names, patents and other intellectual property or industrial property rights created, developed and subsisting;|
|“Page”||means a page of the Website;|
|“PDPs”||means potentially destructive contaminating or harmful programs or components such as, but not limited to, worms, trojan horses and viruses;|
|“Server”||means the server used by BARZLIVE to host the Website;|
|“ticket”||means a ticket purchased via the website to allow the user entry into a specified event;|
|“these Terms”||means the terms and conditions of this Agreement;|
|“User”||means the individual, business (including any sole trader, partnership, limited company or other organisation or person) that has registered (either itself or by means of a duly authorised officer, agent or other representative) with BARZLIVE by means of the registration screen on the Website or that uses the Website and has purchased a ticket on the Website|
|“User’s Equipment”||means the User’s own computer equipment, telecommunications dial-up connection, software, any telecommunication services and communications lines (including any public lines) required by the User properly to access and use the Service;|
|“Website”||means the website with URL http://www.barspaceapp.com or such other URL or URLs as BARZLIVE may in its sole discretion from time to time decide by means of which BARZLIVE may provide the Service; and|
|“BARZLIVE”||means Barzlive Limited, a company registered in the UK with company number
09242645 and whose registered office is 42-46 Princelet Street, London E1 5LP
|“Venue”||Person(s) signing up to BARZLIVE in order to use extended features to advertise a specific venue.|
|“Promoter”||Person(s) signing up to BARZLIVE in order to use extended features to advertise specific events and or sell tickets online for specified events.|
2.2. Reference to any statute or statutory provision includes a reference to: that statute or statutory provision as from time to time amended, extended, re-enacted or consolidated; and all statutory instruments or orders made pursuant to it.
Words denoting the singular number only shall include the plural and vice versa. Words denoting any gender shall denote all genders and words denoting persons shall include firms and corporations and vice versa. Unless the context otherwise requires reference to any clause, sub-clause or schedule is to a clause, sub-clause or schedule (as the case may be) of or to this Agreement. The headings in this document are inserted for convenience only and shall not affect the construction or interpretation of this Agreement.
3. COMMENCEMENT OF AGREEMENT
3.1 This Agreement shall be effective from the time that the User first Accepts these Terms and shall remain in force until or unless terminated under these Terms.
4. TERMS APPLICABLE
4.1. In consideration for BARZLIVE providing all or part of the Service the User agrees to be bound by these Terms.
4.2. BARZLIVE may vary these Terms at any time. Such variations shall become effective immediately upon the posting of the modified Terms on the Website or notification to the User. By continuing to use the Service following any such variation the User shall be deemed to accept such variation.
5a. USE OF THE SERVICE BY THE USER
5a.1. The User shall be responsible for obtaining and maintaining the User’s Equipment. BARZLIVE has no responsibility or liability with respect to the User’s Equipment.
5a.2. The User shall ensure at all times that its use of any part of the Service, including connection of the User’s Equipment to the Server, is in accordance with all applicable data protection and other laws, licences, codes of practice and regulations.
5a.3. The Service shall only be used by the User or a duly authorised officer, agent or other representative of the User. The User may not sell on or sublet either the whole or part of the Service.
5a.4. The User shall not permit anyone else to copy, store, modify, transmit, distribute, broadcast any part of the Content except where it is necessary to do so to enable the User to receive the Service in accordance with these Terms.
5a.5. BARZLIVE at its sole discretion reserves the right to refuse to accept a User’s registration; or limit a User’s access to the whole or any part of the Service.
6a. NORMAL PAY TICKET SALES
6a.1. Tickets sold through BARZLIVE normal pay method, are tickets sold for events advertised by promoters, where transactions are processed through BARZLIVE’s own online merchant and bank account. Transactions of this nature adhere to the terms of clauses 6a
6a.2. All tickets sold on the Website are at the point of sale owned by BARZLIVE.
6a.3. The User may apply for a refund prior to the event in question provided that tickets for the event remain on sale. Acceptance of refunds are determined by the event’s refund policy and it is the customer’s responsibility to check this policy with the promoter prior to purchasing the ticket.
6a.4. BARZLIVE will process the refund due to the User in accordance with clause 6a.3 as soon as possible and, in any case, within 30 days of the day the refund is accepted by the venue.
6a.5. Should an event be cancelled the Promoter of the event will inform the User prior to such cancellation and will be fully responsible for refunds to the User.
6a.6. BARZLIVE bares no responsibility, legal or financial, for damages, injury or financial loss incurred by the user from attending the venue/event organised by the promoter listed on the normal pay tickets purchased by the user on BARZLIVE website.
6b. DIRECT PAY TICKET SALES
6b.1. tickets sold through BARZLIVE direct pay method, are tickets sold for events advertised by promoters, where transactions are processed through the promoter’s merchant account, not BARZLIVE. Transactions of this nature adhere to the terms of clauses 6b.
6b.2. The promoter of the event is responsible for setting his/her own terms and conditions, including cancellation and refund policy.
6b.3. It is the responsibility of the ticket buyer to check these terms with the promoter before the purchase of any tickets.
6b.4. BARZLIVE will forward on any requests to the promoter concerned, but is in no way responsible for tickets sold through the direct pay method and has no authority to issue refunds without the promoter’s consent.
7. INTELLECTUAL PROPERTY
7.1. All rights in the design, text, graphics, music, photographs, sound, video and other material on the Website and the selection or arrangement thereof are the copyright of BARZLIVE or other third parties.
7.2. The Service is provided by BARZLIVE subject to the condition that there will be no abuse or fraudulent use thereof. Abuse and fraudulent use of the Service shall include (without limitation):
7.2.1. obtaining or attempting to obtain, the Service by re-arranging, tampering with, or making connection with any facilities of BARZLIVE, or by any trick, scheme, false representation or through any other fraudulent means or devices whatsoever in whole or in part;
7.2.2. attempting to, or actually obtaining, accessing, altering or destroying any one or more from the data files, programs, procedures and information of BARZLIVE or of another user of the Service;
7.2.3. assisting another to perform the acts prohibited in 7.2.1 and 7.2.2 above;
7.2.4. using the Service in such a manner as to interfere unreasonably with the use of the Service by any other User or authorised person; and
7.2.5. use of the Service by any person unless they are a duly authorised officer, agent or other representative of the User.
7.3. The User must not modify the paper or digital copies of any materials they have printed off or downloaded from the Website in any way, and must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
7.4. The User must not use any part of the materials on the Website for commercial purposes without obtaining a licence to do so from BARZLIVE.
7.5. If the User prints off, copies or downloads any part of the Website in breach of these Terms, the User’s right to use will cease immediately and the User must, at BARZLIVE’s option, return or destroy any copies of the materials they have made.
7.6. BARZLIVE has used its reasonable endeavours to ensure that the Website is secure. However, BARZLIVE does not warrant or represent that either this is the case or that the internet (which by its very nature is insecure) is secure.
8. USERS WARRANTIES AND REPRESENTATIONS
8.1. The User represents and warrants to BARZLIVE that its use of the Service shall:
8.1.1. not be in breach of any contractual, statutory (including but not limited to infringement of Intellectual Property Rights, data protection, defamation, theft, fraud, drug-trafficking, money-laundering and terrorism statutes) or common law rights of any third party;
8.1.2. not be threatening, fraudulent, abusive, harassing, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent, or otherwise objectionable or inappropriate as determined by BARZLIVE at its sole discretion; and
9.1.3. not cause any PDPs to be transmitted to the Server.
8.2. The User represents and warrants that all the information that it supplies to BARZLIVE shall be accurate, complete and true in all respects and the User agrees that it shall notify BARZLIVE immediately of any changes to such information or if such information becomes out of date.
9. DATA PROTECTION
9.1. When the User registers with BARZLIVE to use the Service the User provides information by means of registration screens on the Website and as the User uses the Service BARZLIVE shall collect further information (‘Information’) from the User.
10. EXCLUSION OF WARRANTIES / LIMITATION OF LIABILITY
10.1. Where the User accesses the Service by means of the internet, BARZLIVE will use its reasonable endeavours to ensure that the Service is accessible at all times via the internet but BARZLIVE does not warrant or represent that it can do so since neither BARZLIVE nor any other party has any control over the internet, which is a global decentralised network of computer systems. The Service will not be continually free from error or interruption and may be variable.
10.2. The Service is provided “as is” without any warranty of any kind either express or implied including but not limited to the implied warranties of satisfactory quality, merchantability, fitness for a particular purpose, title and non-infringement of Intellectual Property Rights.
10.3. Neither BARZLIVE nor any of its directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of the Service. This is a comprehensive limitation of liability that applies to damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties, and whether arising from negligence, breach of contract, statutory duty or otherwise.
10.4. The User acknowledges that any data transmitted to BARZLIVE or the Server electronically via the internet, an intranet or another private network including without limit the Website may be intercepted by third parties and unlawfully exploited. The User accordingly accepts that BARZLIVE has no responsibility in respect of the acts of the said third parties.
10.5. In the event that BARZLIVE incurs any liability whatsoever to the User such liability shall in all cases be limited to the amount equivalent to the usage fee paid for the Service over a twelve month period.
10.6. BARZLIVE is not responsible in contract or in tort for the unauthorised access to, or alteration, theft or destruction of emails, files, programs, or information of the User by any person through accident or by fraudulent means or devices, even if such access occurs as a result of BARZLIVE’s own negligence.
10.7. Notwithstanding the foregoing, none of the exclusions or limitation in this clause 10 are intended to limit any rights the User may have as a consumer under local law or statutory rights which may not be excluded nor in any way to exclude or limit BARZLIVE’s liability to the User for death or personal injury resulting from BARZLIVE’s negligence or that of BARZLIVE’s employees or agents.
11.1. The User undertakes fully and effectively to indemnify and keep indemnified at all times BARZLIVE against all actions, proceedings, costs, claims, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, suffered, incurred or paid by BARZLIVE directly or indirectly in respect of:
11.1.1. access to and/or use of the Service by the User;
11.1.2. (without prejudice to clause 8.2) any information, data or material produced, transmitted or downloaded by the User;
11.1.3. any breach by the User of any of the Terms of any law, code or regulation relating thereto, to the internet or the User.
12. FORCE MAJEURE
12.1. BARZLIVE shall not be responsible for any delay in, or failure of, the Service or the internet due to any occurrence commonly known as force majeure, including war, riots, embargoes, terrorism, strikes, or other concerted acts of workmen (whether of BARZLIVE or others) casualties or accidents, or any other causes, circumstances, or contingencies beyond BARZLIVE’s control, which prevent or hinder the performance of BARZLIVE of any of its obligations hereunder.
13.1. Either party may terminate this Agreement immediately by notifying the other that this Agreement is terminated.
14.1. Failure or neglect by BARZLIVE to enforce at any time any of the provisions hereof shall not be construed nor shall be deemed to be a waiver of BARZLIVE’s rights hereunder nor in any way affect the validity of the whole or any part of this Agreement nor prejudice BARZLIVE’s rights to take subsequent action.
15.1. Neither this Agreement nor the benefit of the Service may be assigned or transferred by the User whether voluntarily or involuntarily or by operation of law, in whole or in part, to any party without the prior written consent of BARZLIVE, and BARZLIVE reserves the right to charge for any time or costs incurred by its staff in so doing. No such assignment by the User howsoever occurring shall relieve the User of its obligations hereunder.
15.2. BARZLIVE is fully entitled to assign or transfer this Agreement or the benefit of the Service at any time.
16. Event Reps (Repping) Terms and Conditions
16.1. BARZLIVE provide a platform and functionality for reps to enable them to promote ticketed events.
16.1.1. The commission rate is set by the Promoter, not BARZLIVE.
16.1.2. For the purposes of tax declarations, Reps are not ‘employees’ of BARZLIVE or the Promoter.
16.2 Reps should report any technical issues with the rep platform to BARZLIVE.
16.3. All commissions are tracked through the Rep’s individual tracking link.
16.3.1. Commission will only be paid for sales that come through to the event page through the Rep’s individual tracking link.
16.3.2. The Promoter is responsible for all commission payments to the Rep (not BARZLIVE).
16.3.3. Where events are cancelled, postponed, or the ticket is refunded for any reason, Commission will not be paid.
16.3.4. BARZLIVE will not be held responsible for paying any commission if BARZLIVE have not been able to collect the commission payment from the Promoter.
16.3.5. Reps can only make a withdrawal on funds from accrued commission providing the total is more than £10.
16.3.6. Commission will only be paid once the event date has passed.
17. TICKET PARTNERS (Promoters)
17.1. By using the Website, all promoters agree to all the terms and conditions in section 17 and all other operating rules, policies and procedures that may be published from time to time on this site.
17.2. BARZLIVE reserves the right, at its sole discretion, to modify or replace any of the terms or conditions listed on this page. It is your responsibility to check this page periodically for changes. Your continued use of the Website following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
17.3. BARZLIVE reserves the right to withhold funds (i) at any time as BARZLIVE determines to be necessary for the processing and settlement of all refunds, disputed charges, chargebacks, customer complaints, allegations of fraud, and other discrepancies and (ii) as otherwise permitted pursuant to these Terms and Conditions.
17.4. Promoters agree that all ticket revenue for a given event are earned by Promoters only following conclusion of the applicable event and all ticket revenues ultimately due will be net of all Service Fees, refunds, disputed charges, chargebacks and other deductions, whether due to customer complaints, allegations of fraud, discrepancies related to the applicable event or otherwise.
17.5. If payments have already been made by BARZLIVE to a Promoter for a cancelled event, such Promoter will immediately refund to BARZLIVE all applicable transaction fee’s related to the event, and bare full responsibility for refunding tickets to customers.
17.6. The promoter agrees that any payment by BARZLIVE of ticket revenue prior to three working days after the event date of the applicable event are merely advances of amounts that may become due to the Promoter under these Terms and Conditions and that BARZLIVE may demand such advances back, in its sole discretion, and the Promoter shall thereupon within 5 working days, after such demand, pay back BARZLIVE such advance or any portion there of demanded by BARZLIVE.
17.7. BARZLIVE permits a Promoter to issue refunds to Users, provided the refund is issued by a Promoter before 5 working days after the end date of an event. Subject to BARZLIVE’s agreement to a refund after such date, this will be processed within 10 working days.
17.8. All communications or disputes regarding refunds are between the Promoter and User who purchased tickets on the Website, and BARZLIVE will not be responsible or liable for, and the Promoter hereby agrees to fully indemnify BARZLIVE and its affiliates for, refunds, errors in issuing refunds, or lack of refunds in connection with the use of the Website.
17.9. All Promoters acknowledge and agree that BARZLIVE shall have the right to force a refund of any or all tickets at any time for any reason or no reason, including without limitation if BARZLIVE receives complaints from a substantial number (as determined by BARZLIVE in its sole discretion) of Users with respect to the applicable event or another event held by a Promoter, or BARZLIVE determines in its sole discretion that a Promoter has engaged in any fraudulent activity or made any misrepresentations. BARZLIVE uses secure payment systems, but in the case that any fraudulent purchase made by a customer and charge back occurs it will be the responsibility of the event organiser or promoter to transfer the total transaction amount to BARZLIVE within 5 working days.
17.10. All Promoters using the Website to sell tickets online agree that all refunds of tickets to their events are subject to bank transaction fee’s that will be provided by BARZLIVE upon completion of any User refund.
17.11. All Promoters agree to be paid by four working days the residual ticket funds owing, or agreed payment time frames as per email confirmation from BARZLIVE.
17.12. All booking fees and commission rates charged by BARZLIVE are subject to VAT on top of net commission agreed.
17.13 All Promoters are responsible for maintaining all critical information on their events listed on BARZLIVE. This includes date, time, location, ticket allocation totals, ticket prices and imagery. If tickets are sold with incorrect information then the Promoter is responsible for covering any financial loss or dispute with the customer.
18.1. Any notice required or permitted under the terms of this Agreement or required by statute, law or regulation shall (unless otherwise provided) be in writing and shall be delivered in person, or sent by registered mail or air mail as appropriate, properly posted and fully prepaid in an envelope properly addressed to BARZLIVE as follows:
All notices shall be sent to BARZLIVE at BARZLIVE’s address:
42-46 PRINCELET STREET
or to such other address as may from time be designated by notice set out on the Website or otherwise notified to the User. BARZLIVE may at its sole discretion notify Users of any matter by displaying a message on the Website.
Any such notice shall be in the English language and shall be considered to be received within six working days after it was sent in the manner here in before provided.
19.1. If at any time any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction that shall not affect or impair:
19.1.1. The legality, validity or enforceability in that jurisdiction of any other provision of this Agreement or;
19.1.2. The legality, validity or enforceability under the law of any other jurisdiction of that or any other provision of this Agreement.
20.1. This Agreement supersedes any arrangements, understanding, promises or agreements made or existing between the parties hereto prior to this Agreement in respect of the Service and constitutes the entire understanding between the parties hereto regarding the same. Except as otherwise provided herein, no addition, amendment to or modification of this Agreement shall be effective unless it is in writing and signed by and on behalf of both parties.
21.1. This Agreement shall be governed and construed in accordance with English Law and parties hereby submit themselves to the exclusive jurisdiction of the English Courts in respect of any claim (including non-contractual disputes or claims).
22. THIRD PARTIES
22.1. Nothing in this Agreement confers or purports to confer on any third party any benefit of any right to enforce any of this Agreement pursuant to the Contracts (Rights of Third Parties) Act 1999.
You can contact BARZLIVE regarding this policy by mail, at
42-46 PRINCELET STREET