Welcome to the User Agreement for Ticket4Rugby.com (“User Agreement”). The services available athttp://www.ticket4rugby.com/ are provided by Tribal Sports S.L. (“Tribal Sports S.L.”, “we”, “us” or “our”), company number 08039109 whose registered office is at Calle Subida Al Faro no 18-b 30370 – Cabo De Palos.Cartagena – Murcia – Espana.
This User Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains at http://www.ticket4rugby.com/ (the “Site”). If you do not agree to be bound by this User Agreement, you may not use or access our services.
You must read, agree with and accept all of the terms and conditions contained in this User Agreement, which includes those terms and conditions expressly set out below and those incorporated by reference, before you may become a user of the Site. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they contain further terms and conditions, which apply to you as a Tribal Sports S.L. user. Please note: underlined words and phrases are click-through links to these pages and websites.
We may amend this User Agreement at any time by giving you notice (“Notice”) by posting the amended User Agreement on the Site. Any amended User Agreement will govern new user registrations from the date that it is posted on the Site. Existing users will be bound by the amended User Agreement after the expiry of 30 days following the date of a Notice. No other amendment to this User Agreement will be effective.
This User Agreement is effective on 10 February 2008 for new registering users and is otherwise effective on 4 February 2008 for all users registered prior to 10 February 2008.
- Membership Eligibility.
Our services are not available to, and may not be used by, persons under the age of 18 years or to temporarily or indefinitely suspended Tribal Sports S.L. members. If you are under 18 years old, you can use this service only in conjunction with and under the supervision of a parent or guardian. If you do not qualify, please do not use our services. If you are registering as a business entity, you represent that you have the authority to bind that entity to this User Agreement.
- User ID.
You must choose a User ID and password on completion of registration. You are responsible for all actions taken under that User ID and password and shall only use or utilise the Site using your own User ID and password. You must use every effort to keep your password safe and should not disclose it to any other person. You shall not transfer or sell your User ID to any other person. You shall also not permit, either directly or indirectly, any other person to utilise your User ID or password.
- Tribal Sports S.L. is Only a Venue.
The Site acts as a venue which allows registered users to offer, sell, and buy tickets, at any time, from anywhere, in a variety of price formats. You accept sole responsibility for the legality of your actions under laws applying to you.
3.2 Identity verification. We use many techniques to verify the accuracy of the information our users provide to us when they register on the Site. However, because user verification on the Internet is difficult, Tribal Sports S.L. cannot and does not confirm the purported identity of users or the validity of the information which users post to the Site. We encourage you to communicate with potential trading partners using the tools available on the Site.
3.3 Liability. In the event that you have any right, claim or action against any other user arising from that user’s use of the Site, you agree to pursue such right, claim or action independently of and without recourse to us, and you release Tribal Sports S.L. (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.
3.4 Information Control. We do not control the information provided by other users, which is made available through the Site. You may find other user’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretences. By using this Site, you agree to accept such risks and agree that Tribal Sports S.L. is not responsible for the acts or omissions of users on the Site.
As a buyer, you have a legal obligation to complete a transaction with a seller:
o if you purchase an item through one of our fixed price formats.
“We charge commission for buying items through our Site and when you buy an item you will have an opportunity to review these fees that you will be charged which will be set out clearly on the Confirmation of Purchase page which you will need to accept in order to complete the transaction. ”
- Listing and Selling.
5.1 Listing Description. If you are a seller, you must ensure that you are legally able to sell each item included in a listing on the Site, and that it is lawful to sell such item to UK residents or (if the buyer is resident overseas) that it is lawful to sell and export such item to a person resident in the buyer’s jurisdiction. You must complete each section of the “Ticket Registration Form”. You are responsible for ensuring that you have the right to use all content in your listings and we have the right to host it on our servers.
5.2 No Cancellation. You acknowledge that we will commence supplying our services to you as soon as you have completed and submitted the “Ticket Registration Form” to us, and you can change or cancel listing 1 month prior to event from My Account. However you will not have right to change or cancel listing if there is any order against your listed tickets.
5.3 Fraud Without limiting any other remedies, we may suspend or terminate your account if we suspect that you have engaged or are about to engage in, or have been in any way involved in or linked to, fraudulent activity in connection with the Site.
Joining Tribal Sports S.L. is free, although you will remain responsible for the costs of accessing our Site and communicating with our users. We charge fees for listing items for sale through our Site and when you list an item you have an opportunity to review and accept the fees that you will be charged which will be set out clearly in the “Ticket Registration Form”. We charge fees for buying items through our Site and when you buy an item you will have an opportunity to review the fees that you will be charged which will be set out clearly on the “Confirmation of Purchase” page which you will need to accept in order to complete the transaction. In the event we introduce a new service, the fees for that service are effective at the launch of the service.
Unless otherwise stated, all fees are payable in Euros. Whether you are a business or not, value added tax and other taxes may apply to your transaction. Sellers and buyers will be responsible for paying all relevant fees associated with using our service and our Site and all applicable taxes. You agree that we may issue you with invoices in electronic format by email.
- Your Information.
7.1 Definition ” Your Information” is defined as any information you provide to us or other users in relation to the Tribal Sports S.L. service including the registration, listing (including, without limitation, any description of items listed) and any other content that you post within the Site. You are solely responsible for Your Information, and we act as a mere conduit for your online distribution and publication of Your Information.
7.2 Restrictions Your Information and your activities on our Site must not:
o be false, inaccurate or misleading;
o be offensive or menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights;
o infringe any third party’s copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy;
o be fraudulent or involve the sale of counterfeit or stolen items;
o be in breach of any applicable laws or regulations (including, but not limited to, laws governing export control, consumer protection, unfair competition, anti-discrimination, false advertising);
o be obscene, indecent or contain child pornography;
o create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
o link directly or indirectly to or include descriptions of goods or services that: ( aa) are prohibited under this User Agreement; (bb) are identical to other items you have up for sale but are priced lower than your item’s reserve; (cc) are concurrently listed for sale on a website other than Tribal Sports S.L.’s (this does not prevent linking to or advertising an Tribal Sports S.L. item from another website); or ( dd) you do not have a right to link to or include;
o contain any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information;
o cause the Site to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Site is in any way impaired.
You must not list any item on the Site (or complete any transaction initiated using the Site) that, by paying to us the relevant fee, could cause us to violate any applicable law.
7.3 Licence To enable Tribal Sports S.L. to use Your Information, you grant us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) licence to exercise the copyright, trade mark, publicity, and database rights you have in Your Information, in any media now known or not currently known. You also waive all moral rights you have in Your Information to the fullest extent permitted by law.
7.4 Your Use of Other Users’ Information. As a seller you have access to the User ID, email address and other contact information of the buyer and as a buyer you have access to the User ID, email address and other contact information of the seller.
By accepting this User Agreement, you agree that, with respect to other users’ personally identifiable information that you obtain through the Site or through an Tribal Sports S.L.-related communication or Tribal Sports S.L.-facilitated transaction, you may only use such information for: (a) Tribal Sports S.L.-related communications that are not unsolicited commercial messages and relate to your genuine participation in an Tribal Sports S.L.-facilitated transaction, (b) using services offered through Tribal Sports S.L., and (c) any other purpose that such user expressly agrees to after adequate disclosure of the purpose(s). In addition, you shall only use such information in accordance with applicable laws and regulations, including without limitation data protection and privacy laws. In all cases, you must give users an opportunity to remove themselves from your database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this Section, can you disclose personally identifiable information about another user to any third party without our consent and the consent of such other user after adequate disclosure. Note that law enforcement personnel and other rights holders are given different rights with respect to information they access.
Tribal Sports S.L. and our users do not tolerate spam or unsolicited commercial communications. Therefore, without limiting the foregoing, you shall not add an Tribal Sports S.L. employee or an Tribal Sports S.L. user, even a user who has purchased an item from you, to your mail list (email or physical mail) without their express written consent after adequate disclosure. To report spam from other Tribal Sports S.L. users, please send an email to email@example.com
Without limiting our other remedies, we may limit your activity on the Site, immediately issue a warning, suspend or terminate your user registration or any of your item listings and refuse to provide our services to you without notice to you: (a) if you breach this User Agreement or the documents incorporated by reference; (b) if, despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause us financial loss or legal liability.
- Transfer of Data
We view protection of users’ privacy as a very important community principle. Tribal Sports S.L. will hold and transmit Your Information in a safe, confidential and secure environment. If you object to your Information being transferred or used please do not register.
- No Warranty.
We (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Our website and our services are provided “as is” and as and when available, and to the extent permissible by law we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
- Limitation of Liability.
Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation by, or for death or personal injury resulting from our negligence or the negligence of, our agents or employees. Subject to the foregoing, we (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with this User Agreement. Some jurisdictions do not allow the exclusion of incidental or consequential damages, so the above exclusion may not apply to you.
We (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) also have no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.
Our liability to you or any third party, and the liability of our parent, subsidiaries, affiliates, officers, directors, agents and employees, in any circumstance is limited to the greater of (a) the total fees you have paid to us in relation to the listing or other service offered giving rise to liability, and (b) €100.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement (including the documents incorporated by reference), or your violation of any law or the rights of a third party.
Unless otherwise explicitly stated, notices to Tribal Sports S.L must be sent by registered mail to Tribal Sports S.L, attention Customer Service, Calle Subida Al Faro no 18-b 30370 – Cabo De Palos.Cartagena – Murcia – Espana and notices to you will be sent to the email address that you provide to Tribal Sports S.L during the registration process (receipt is deemed 24 hours after an email is sent, unless we receive notice that the email address is invalid), or by registered mail.
- Governing Law and Legal Compliance.
This User Agreement shall be governed by and construed in accordance with Spanish law and subject to the exclusive jurisdiction of the Spanish courts.
Please note, that your country (and/or that of any user you deal with) may have laws which apply to your transactions with other users regardless of what you agree with us (now) or with that user (later).
The laws of your country may be different from Spanish law, including laws governing what can be legally offered, sold, exported, bought or imported and there may be additional legal requirements. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase and solicitation of offers to purchase and sale of items. There is no practical way for us to continually monitor the laws of every country, or each user transaction. Please do not assume that you are allowed to do what other users do, or that we are approving or validating any transaction, even if you have successfully made similar sales or purchases in the past.
- Dispute Resolution.
Disputes between you and Tribal Sports S.L. regarding our services may be reported to firstname.lastname@example.org. We encourage you to report all disputes between users to your local law enforcement body.
- Third Party Rights.
A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act.
If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable. You agree that this User Agreement and all incorporated agreements may be automatically assigned by Tribal Sports S.L., in our sole discretion, to a third party in the event of a merger or acquisition or any other event. You and Tribal Sports S.L. are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this User Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This User Agreement sets forth the entire understanding and agreement between us with respect to its subject matter. No oral explanation or oral information given by any party shall alter the interpretation of this User Agreement.
Sections 6 (Fees), 7 (Your Information), 11 (Limitation of Liability), 12 (Indemnity), 14 (Governing Law), 15 (Dispute Resolution) and 16 (Third Party Rights) shall survive any termination of this User Agreement.