Uvently Seller Terms And Conditions

1. Introduction

1.1 These terms and conditions, together with our privacy policy sets out the legal terms and conditions (the “Terms”) on which we make available to you our online services for selling event tickets (the “Services”).

1.2 By using our website or our app as an event organiser or student organising an event (“you” or “Event Organiser”), you agree to these Terms. Please read these Terms carefully and make sure that you understand them. If you do not agree with Terms, please do not use our website or our app.

2. Who we are

2.1 Our website (uvently.co.uk) is operated by Uvently Limited (“we”, “our”, “us”)., a company registered in England and Wales under company number 13463150.

2.2 You can contact us by emailing us at [email protected].

3. Our contract with you and amendments

3.1 You agree to these Terms, and you enter into a binding contract with us when you sign up for an account on our website or download and sign up on our app.

3.2 We may amend these Terms from time to time. You should check the website from time to time to review the then current Terms, as they are binding on you.

4. Our services

4.1 We offer a web-based service and app enabling you to sign up for an account to access our online platform to sell and manage event tickets for your event.

4.2 You may only register for an account only if you are the Event Organiser. If you register on behalf of a legal entity or an organisation, you represent and warrant that you have the authority to agree on behalf of and do agree to these Terms on behalf of that entity or organisation.

4.3 You accept and understand that we provide the Services to you only and we are not a party to any dealings you have with customers who wish to purchase tickets and/or associated services from you (“Customers”). When you sell tickets or other products and services to Customers via our Services, any dealings and contractual relationships you enter into is between you and the Customer. You must ensure that Customers comply with your terms and conditions of sale accordingly. You agree:

to handle all communications whatsoever and in whatever form or medium with your Customers directly;
to respond to any queries you receive from Customers within 5 days;
to indemnify us and keep us indemnified from and against any losses, liability, claims or expenses we may incur in relation to any of your ticket sales and issues with Customers. Buyer;
to notify us so we can update the website and app immediately and also notify Customers immediately and update your website and social media pages if your event is cancelled, postponed or has a material change from the original information given when the event was first put on sale; and
to deal with all refund requests and ticket transfer requests and maintain and comply with a refund policy which complies with all applicable consumer protection laws.

4.4 We reserve the right to suspend or terminate your access to the Services if you fail to comply in any respect, with the Terms.

4.5 You warrant and represent that you shall:

comply with applicable laws and obligations related to your provision of events, products or services to Customers, or receipt of booking fees, transaction fees, or charitable donations;
provide us with such information and material as we may reasonably require in order to supply the Services and ensure that such information is accurate in all material respects;
regularly update all information as may be required by us in order to supply the Services to keep it true, accurate and complete; and
cooperate with us and comply with our reasonable instructions in relation to all matters relating to the Services.

4.6 You accept that we may suspend access to the Services from time to time without notice in the case of system failure, routine maintenance or repair or for any other reason beyond our control. We may also suspend or terminate your account at any point, at our discretion, including (but not limited to) if we suspect that you are using the Services for fraudulent or criminal purposes, or if you are otherwise in breach of the Terms. We shall have no liability to you whatsoever if we deem it necessary to suspend or terminate your account under this clause 4.6 for any loss or damage that may arise from misuse of our service.

5. Your Account

5.1 You must meet our approval criteria as an Event Organiser. The criteria you must meet in order to register for an account is set out on our website and/or notified to you by e-mail.

5.2 You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer, and to the extent permitted by applicable law, you agree to accept responsibility for all activities that occur under your account. You are also responsible for the confidentiality of the accounts, usernames and passwords of all of your authorised users. You should take all necessary steps to ensure that such usernames and passwords are kept confidential and secure and should inform us immediately if you have any reason to believe that any username and/or password has become known to anyone else, or if the username and/or password is being or is likely to be used in an unauthorised manner.

5.3 Transmission of information via the internet and our app is not completely secure. We cannot guarantee the security of your data transmitted to our site or our app and any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

5.4 You are responsible for ensuring that the details you (and each of your authorised users) provide us with are correct and complete, and for informing us of any changes to the information you have provided.

5.5 You (and your authorised users) must not use your account or Services: (i) in any way that causes, or is likely to cause, our Services or any access to it, to be interrupted, damaged or impaired in any way; or (ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or (iii) to cause annoyance, inconvenience or anxiety.

5.6 We reserve the right to refuse service, terminate accounts or remove or edit content if you are in breach of applicable laws, these Terms or any other applicable terms and conditions, guidelines or policies.

6.Third Party Payment Processors

6.1 Our Services allows you to take payments for your events and associated services from Customers online using our third payment processor: Stripe Payments Europe

6.2 You will need to set up an account with the relevant Payment Processor you wish to use which will be subject to (and you must agree to) the Payment Processor’s own terms and conditions and privacy policy.

6.3 You understand that the Payment Processor acts as a data processor (as defined under UK Data Protection Legislation) to both you and us but in other respects it acts as data controller i.e in relation to name and contact details of a Customer. Payment Processor activities carried out as controller are carried out in accordance with the Payment Processor’s own privacy policy. Accordingly, you acknowledge and agree that we may share information about your transactions made via our Services with the Payment Processor.

6.4 If at any time we become aware or suspect that you may be in breach of the terms and conditions applicable to the Payment Processor(s) you are using or we suspect fraudulent or criminal activity on your part, we may in our absolute discretion terminate or suspend your account or prevent you from using the Payment Processor for our Services.

6.5 You agree that we have no responsibility for, and hereby disclaim all liability (including, but not limited to) any losses, costs, fees and penalties of whatever nature arising from the service provided to you by the Payment Processor, including the acts and omissions of the Payment Processor.

7. Our fees

7.1 No usage fees apply to sellers.

8. Website terms

8.1 Your use of our website is governed by our website terms and conditions available at uvently.co.uk.

9. Content standards

9.1 You agree that you own all rights in and have responsibility for ensuring the legality, reliability, integrity, accuracy and quality of all content (which may include, text, pictures, information about your event and associated products and services, event reviews, comment) which you upload to our website or app (“Your Content”). By uploading Your Content, you grant us an unconditional, non-exclusive, transferrable, royalty-free, worldwide licence to use Your Content in any manner necessary for the provision of the Services.

9.2 Where an event is not private, you grant us an unconditional, non-exclusive, royalty-free, worldwide licence to further use Your Content to promote our Services.

9.3 In order to use our Services you must comply with the following standards when submitting Your Content to our website or app:

You must ensure Your Content is accurate and complies with all applicable laws; and
You must not use our Services, website or app to collect content from Customers or event attendees which you do not need, for example, card details, passwords or any other excessive or unnecessary personal data, in particular special category data being information revealing racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership, physical or mental health conditions, sexual life, sexual orientation, biometric or genetic data. This provision does not prevent you from collecting special category data to the extent this is necessary for your event e.g to allocate seating for people with disabilities.

9.4 Your Content must not:

be unlawful, harmful, threatening, defamatory, obscene, deceitful, fraudulent, infringing, harassing, morally repugnant or racially or ethnically offensive;
facilitate illegal activity;
depict sexually explicit images;
promote violence;
be discriminatory based on race, sex, religion, nationality, disability, sexual orientation or age;
infringe any copyright, database right, trade mark or any other intellectual property right of any other person; or
conceal identity or be likely to deceive any person.

9.5 We may remove Your Content from our website and Services where, in our sole opinion, it violates any of the above content standards. In addition, we reserve the right to suspend or terminate your access to the Services if you materially breach these content standards without liability to you and you agree to indemnify us for all losses, costs and expenses we suffer as a result of any such breach accordingly.

10. Intellectual property rights

10.1 We are the owner or the licensee of all intellectual property rights in the Services, the website, app and in the material published on it (other than Your Content) and any necessary software used in connection with the Service (“Software”). These works are protected by copyright laws and treaties around the world. All such rights are reserved. Except as expressly authorised by us, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, the website or the Software, in whole or in part.

10.2 You acknowledge that we will collect data on your use of our website and Services for performance and service analysis. You grant us a world-wide, royalty-free, non-exclusive, perpetual license to use non personally identifiable information from such data for the purposes of our business.

11. Data Protection

11.1 We are committed to protecting your personal information and will only use it in accordance with our privacy policy available at uvently.co.uk

11.2 For any personal information provided by your Customers that we handle as part of the Services (“Customer Data”), the provisions of this section 11 apply.

11.3 Data Protection Law means: (i) any data protection legislation from time to time in force in the UK and the EU including the Data Protection Act 2018 and the UK GDPR, the General Data Protection Regulation ((EU) 2016/679) and any other applicable law or regulation relating to privacy; and (ii) all data protection and privacy legislation applicable to a party in the processing of personal data pursuant to the provision of the Service.

11.4 You and we agree to comply with all applicable Data Protection Laws and that you are the controller, and we are a processor of personal data in Customer Data.

You hereby agree that:

you will ensure that you have all necessary appropriate consents and notices in place to enable lawful transfer of Customer Data to us for the duration of Services and for us to carry out the processing to deliver the Services, including informing Customers and event attendees of how their Customer Data will be handled by you and by us in connection with your use of the Services; and
you will have and maintain lawful basis for processing Customer Data under these Terms, including where applicable the obtaining of all necessary consents from the customers and event attendees; and
where you export your Customer Data during your use of the Service (e.g synchronising a MailChimp account), you are responsible for ensuring that your processing of that Customer Data complies with Data Protection Laws and your terms and conditions/privacy policy.

11.5 A description of our processing of Customer Data is set out in Appendix 1.

11.6 When we process Customer Data, we agree that we shall:

only process Customer Data to provide the Services to you in accordance with the functionality of the Service, these Terms and lawful instructions reasonably given by you to us from time to time, or as otherwise required by law and will not further sell or use Customer Data in any manner;
notify you if, in our opinion, an instruction from you infringes any Data Protection Law (provided always that you acknowledge that you remain solely responsible for obtaining independent legal advice regarding the legality of your instructions and that a failure or delay by us to identify that an instruction infringes Data Protection Law shall not cause us to be in breach of our terms nor relieve you from your liability under this these Terms);
ensure that our employees and subcontractors engaged in the handling of Customer Data are informed of the confidential nature of the Customer Data and are subject to binding confidentiality obligations;
ensure that we have in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of Customer Data and against accidental loss or destruction of, or damage to, Customer Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting personal data, ensuring confidentiality, integrity, availability and resilience of our systems and services, ensuring that availability of and access to personal data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by us);
assist you in ensuring compliance with your obligations under the Data Protection Law with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or industry regulators;
inform you as soon as reasonably practicable if any Customer Data is lost or destroyed or becomes damaged, corrupted, or unusable or is otherwise subject to unauthorised or unlawful processing, including unauthorised or unlawful access or disclosure;
to the extent permitted by law, promptly notify you upon receipt of any request from a data subject to access, correct, amend, transfer or delete such person’s Customer Data (including consumer requests relating to knowledge, access, deletion, or opt out under the CCPA) and, at your cost, provide all reasonable assistance to you in relation to such request;
on termination of the Services, we will return, or destroy (at your direction), Customer Data in our possession or control unless applicable laws require the continued storage of such Customer Data. Such deletion may take us up to 7 days to action and, following deletion from our live systems, it may take up to a further 30 days for the data to be deleted from our back-ups; and
make available to you all information reasonably required to demonstrate compliance with this clause,

11.7 You acknowledge and agree that, as a data processor, we may appoint service providers as sub-processors to process Customer Data in connection with the provision of the Services. In some circumstances our service providers may process Customer Data outside of the UK or EEA, including in the US. If we engage a processor that transfers Customer Data outside of the UK or EEA, we will make sure appropriate safeguards such as an adequacy decision, binding corporate rules or standard contractual clauses in relation to the transfer are in place. You consent to the transfer of Customer Data outside of the UK or EEA by our service providers.

12. Disclaimers

12.1 While we endeavour to ensure that the Services are available 24 hours a day, we do not guarantee the availability of the Service and shall not be liable if for any reason the Services are unavailable at any time or for any period.

12.2 Access to the Services may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

12.3 We do not warrant the accuracy and completeness of the material on the website or on our app. We may make changes to the material on the website/app, or to the functionality of the Services, at any time without notice. The material on the website/ app may be out of date, and we do not guarantee we will always update the material immediately.

12.4 We will provide the Services with reasonable care and skill. The Services and the material on the website and app is provided “as is” and except for the warranties contained in these Terms, to the maximum extent permitted by law, we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions of satisfactory quality and fitness for particular purpose).

13. Limitation of Liability and indemnity

13.1 You acknowledge and accept that we are not a party to any transactions, other relationships, or disputes between you and Customers or you and your event attendees and that we do not carry out any kind of vetting process on then. Accordingly, we shall have no liability to you or any third party for any acts or omissions of Customers or event attendees including any fraudulent activity.

13.2 You agree to indemnify us and our officers, directors and partners from any cost, claim or demand, including reasonable legal fees:

in relation to any dispute(s) with one or more of your Customers and/or your relationship with Customers and event attendees; and
made by any third party due to or arising out of your use of the Services.

13.3 Nothing in these Terms shall limit or exclude our liability for (a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors; (b) fraud or fraudulent misrepresentation; or (c) any other matter in respect of which it would be unlawful for us to exclude or restrict liability. Subject to this:

we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of income or any indirect or consequential loss arising under or in connection with the provision of our Services; and

our total liability to you for all other losses arising under or in connection with the provision of our Services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to £100.

14. Governing law and jurisdiction

14.1 These Terms shall be governed by and construed in all respects in accordance with English law and you can bring legal proceedings in respect of the tickets in the English courts. If You live in Scotland, you can bring legal proceedings in respect of the tickets in either the Scottish or the English courts. If You live in Northern Ireland, you can bring legal proceedings in either the Northern Irish or the English courts.

Appendix 1

Subject matter of the processing
The processing of Customer Data to the extent necessary for the provision of the Services to you.

Duration of the processing
The period of time during which you continue to use the Services and the longer of such additional period as: (i) is specified in any provisions of these Terms regarding data retention; and (ii) is required for compliance with law.

Nature and purpose of the processing
To provide the Services and enable Event Organisers to offer the sale of tickets and associated services for their events. The purpose of the processing is to provide the Service to the Event Organiser.

Categories of personal data
The personal data processed under these Terms will depend on the personal data that Event Organisers require from Customers and event attendees. Personal data is likely to include name, home address, email address, telephone number, limited details relating to card payments and transaction details. It may also include certain special category data if the collection of such data is required in relation to an event.

In addition to the method(s) described in the How to Access, Modify, Delete, or Challenge the Data Collected section, we provide the following specific opt-out methods for the forms of collection, use, or disclosure of your personal data specified below:

1. You can opt-out of the use of your personal data for marketing emails. You can opt-out by clicking “unsubscribe” on the bottom of any marketing email or updating your email preferences under “Your Account”