Terms and Conditions
This document sets out the terms and conditions applicable to your registration as a User and as a Buyer and/or Seller and together with the documents referred to on it (the “Agreement”) governs the relationship between you and us.
Depending on whether you are a consumer or a business user, there may be some differences in the terms that apply to you. Where this is the case it will be pointed out. You are a consumer if: you are an individual and, you are buying or selling solely or mainly for personal use or benefit and not in connection with any trade, business, or profession.
If you are a business user these terms constitute the entire agreement between us in relation to your transaction on the Website. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.
We are Beeyay Limited, a company registered in England (Company number 11979409), whose registered office address is at 124 City Road, London, EC1V 2NX (“us”, “we” or “Beeyay”). This Agreement forms a legally binding contract between you and us.
If you need to contact us, you can send us a message via the Beeyay website or write to us at the address above. For the purposes of these terms and conditions, a reference to “writing” or “written” includes electronic communication.
If we need to contact you, we will do so using the contact information you provide to us when you create your account.
Definitions
In these terms and conditions the following words have the following meanings:
Account means the Account created by a User on registration and all associated information. Buyer a user of the Website that purchases a Ticket or Tickets from a Seller through the Website. Event the cultural, sporting or recreational event to which the Ticket(s) relates. Event-Wide Restriction means any restriction that is applied to the Event by the event organiser. Such restrictions may or may not appear on the Ticket(s). Face Value the price printed on the Ticket(s) or, if no price is printed on the Ticket(s), the price paid by the original purchaser. Fees means the fees we charge for transactions FF Error where the user has made an error entering the price that they are willing to accept or offer for particular Ticket(s) causing the price to be considerably below or above what would reasonably be considered the correct price. It will be at our sole discretion to determine whether a FF Error has occurred. Primary Market means those channels where Tickets first become available for sale to the public, for example; a venue, an artist, a promoter or another organisation appointed by a venue, artist or promoter to sell tickets for an event. Profile means the information provided by a User about themselves or their organisation (where applicable) and any associated information about the Member’s use of the Website Services which may be viewable to other Members. Seller a User of the Website that sells a Ticket or Tickets to a Buyer through the Website. Ticket,Tickets or Ticket(s) the means, in whatever form, by which a person demonstrates their entitlement to enter an Event. Trader means a person or organisation regularly buying or selling Tickets with the specific purpose of making a profit and/or a person or organisation selling more than 100 Tickets in any 12-month period. User or you means you and (where the context requires) an organisation or company, including a local authority, that has become a user of the Website to sell and/or purchase Tickets. Website means our website at www.beeyay.com, www.beeyay.co.uk or such other website through which the marketplace and services are provided from time to time. Your Account
You must register and create an Account to become a User. On registration you reaffirm your agreement and undertake to comply with the Website Terms and Conditions, Privacy Policy and Dispute Resolution Policy.
As a User you may use your Account to buy or sell tickets through the Website.
When registering with the Website we ask you to create a Profile. You consent to us making your Profile available to Members on the Website. You warrant and undertake that the information you provide is true and accurate and that you will immediately update the information if it changes or becomes misleading. You agree to comply promptly with all reasonable requests we make for information about your identity or if applicable relevant details about your business. If you are a Trader then you must identify yourself as such, and provide the additional information required that we are required to provide to consumers.
You agree to familiarise yourself with the various policies and procedures set out on the Website. Those policies and procedures are binding on you and are, as amended from time to time, incorporated into this Agreement.
As a User you must only create one account to buy and sell tickets. If you are a Trader, you warrant and undertake that you will not create multiple Accounts and will only buy or sell Tickets from one Account.
You must not use or permit anyone else to use your Account fraudulently, in connection with a criminal offence, or in breach of any applicable law or statutory duty.
If you operate your Account in a manner we reasonably believe to be in contravention of these terms or any relevant law or regulation, or where you have registered as an individual and we reasonably believe you are a Trader, or where we reasonably believe you are operating multiple Accounts, then we reserve the right to suspend or delete your Account and/or bar you from the Website.
You are responsible for providing your own connectivity to the Website at your own cost and expense.
The Beeyay Ticketing Platform
The purpose of the Website is to connect Sellers offering Tickets for sale to Buyers interesting in purchasing those Tickets. You warrant and undertake that when using the Website your conduct and any information you provide is accurate and not misleading, and will comply with all applicable laws and regulations.
Sellers wishing to sell Tickets can post details of those Tickets to the Website (a “Sell Listing”). As a Seller you warrant that the Sell Listing is accurate and contains all the information required (as set out in the Seller specific terms in clause 3) and that you will immediately update the Sell Listing if any relevant information changes, any new information relating to the Ticket(s) or Event becomes available or the Sell Listing otherwise becomes inaccurate. If you no longer wish to sell your Ticket(s) then you must cancel the relevant listing. If a listing is cancelled whilst there is one or more pending transactions the cancellation will only be effective in respect of those tickets that are not the subject matter of the pending transaction(s).
Where a User in interested in purchasing tickets that User may create a listing setting out their requirements (a “Buy Listing”). The Buy Listing must contain all the relevant information required. If your requirements as a Buyer change, or you no longer wish to purchase the Ticket(s) then you must amend or delete the Buy Listing, as appropriate.
When using the Website to Sell or Buy Ticket(s) you authorise us to take the actions necessary to process the transaction on your behalf.
We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
Beeyay has no control over the ability of Buyers and Sellers to successfully complete a Transaction. When issues arise we will follow the procedures as set out in the Dispute Resolution Policy.
Buy or Sell listings will automatically expire at a point in time, set by the website, prior to the event. The expiry time will be based on the method of delivery of the Ticket(s). The User will have the option to set the expiry of a Buy Listing to a date and time earlier than the date and time suggested by the system, but not later.
Where we reasonably determine, either through our automated systems or having been alerted by a User, that a FF Error has occurred in relation to a particular Buy or Sell Listing, we reserve the right to suspend that listing and cancel any related pending transactions.
Seller Specific Terms
A Seller may create a Sell Listing before Tickets are available on the Primary Market, but no sell Listing will be transactable on the Website until Tickets are available for sale on the Primary Market.
When creating a Sell Listing you have the option to create a public listing that will appear in searches and on Event pages or a “ghost” listing. Ghost listings will not appear in searches or Event pages, but will be available for auto-match transactions.
Each Sell Listing must include the following Information:
Ticket type (physical ticket or electronic ticket);
Number of Tickets available;
Quantity combinations of Tickets to be purchased in a transaction;
Face Value of the Tickets;
Asking Price of the Tickets (excluding transaction fees);
Category, section, row, and seat number of the Tickets (if known); and
Any restrictions applicable to the Tickets, including but not limited to; restricted view or access, or for a specific class of person (for example, student or child).
The information listed in clauses 3.3.6 and 3.3.7 are mandatory requirements for any Sell Listing and must be provided when available. If such information is not available at the time the Sell Listing is created, but later becomes available, then the Sell Listing must be updated to provide that information.
Where we reasonably believe a Sell Listing is inaccurate and/or does not contain the information required by clauses 3.3.6 and 3.3.7 (where that information is available to the Seller) we reserve the right to remove the Sell Listing and block or cancel any pending transactions relating to that Sell Listing.
Where the Seller is unable to ship the Ticket(s) within the prescribed time and the prescribed delivery method, then the Seller may request a time extension. Extensions may be granted at our absolute discretion. If we reasonably believe there is a risk the Ticket(s) will not be shipped, or that the Ticket(s) will not arrive at a reasonable time prior to the Event, then we reserve the right to cancel the transaction.
Where the Seller does not meet the shipment deadline, and no extension has been granted, then we reserve the right to cancel the transaction and the seller will not receive payment for the Ticket(s).
The Buyer’s contact and address information is provided solely for the purpose of fulfilling the specific transaction. The Seller must not use that information for any purpose other than fulfilment of the specific transaction for which the Seller’s information was provided. Particularly, the Seller must not use the Buyer’s information to provide them with marketing or promotional material, whether sent with the Ticket(s) or separately, or add the Buyer’s information to any marketing lists or sell or otherwise give the Buyer’s information to any other party for any purpose.
In circumstances where the Seller is unable to fulfil their obligation in a transaction, or where we have to cancel a transaction due to the Seller’s acts or omissions, the Seller will be liable for any costs incurred by us (including ticket price differential and admin costs) when sourcing the Buyer alternative tickets.
Where we incur costs as per clause 3.9, we reserve the right to deduct such costs from any sums we are holding for you (whether those sums are being held for the transaction giving rise to the liability or any other transaction) or from any future transactions you may undertake on the Website.
By creating a Sell Listing you are agreeing to a binding commitment to sell the Ticket(s) should a Buyer fulfil your criteria for sale.
The Seller is solely responsible for determining if any VAT (or any other sales tax) is applicable in any transaction (“Sales Tax”). If any Sales Tax is due then it must be included in the Sales Listing price. Additionally, we have no responsibility for any income tax, corporation tax, or any other tax related to transactions carried out on the Website for which the Seller may be liable.
Payment processing services for Sellers on the Website are provided by Stripe and are subject to the Stripe Connected Account Agreement , which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to this Agreement or continuing to operate your Account on the Website, you agree to be bound by the Stripe Services Agreement, as may be modified by Stripe from time to time. As a condition of the Website enabling payment processing services through Stripe, you agree to provide the Website accurate and complete information about you and your business, and you authorise the Website to share it and transaction information related to your use of the payment processing services provided by Stripe.
Buyer Specific Terms
If you are interested in buying Ticket(s) then, in addition to searching the Event or venue listings, you may also create a Buy Listing which sets out the details of the Ticket(s) you require.
When creating a Buy Listing you have the option to create a public listing that other Users will be able see or a “ghost” listing. Ghost listings will not appear in searches or Event pages, but will be available for auto-match transactions.
By creating a Buy Listing, you are agreeing to a binding commitment to buy the Ticket(s) should your Buy Listing match with a Seller.
Where you buy Ticket(s) with specific restrictions attached you agree to comply with those restrictions and assume any risk associated with those restrictions.
Some Events will have Event-Wide Restrictions in place; where applicable these will be displayed alongside the Event information on the Event page on our website. By purchasing Ticket(s) you are acknowledge and accept these restrictions apply, and assume any risk associated with them (including refusal of entry to the Event). Such restrictions may include, but are not limited to; age restrictions on the entire Event or specific sections within the Event venue or resale or transfer restrictions which may void the tickets and lead to refusal of entry. In certain circumstances where the buyer has assumed the risk of such restrictions the Beeyay guarantee may not apply.
We reserved the right, as per the Dispute Resolution Policy, to substitute reserved seating tickets with comparable or upgraded tickets at our discretion without the Buyer’s approval.
All Purchases and Bids are final. No refunds or cancellations will be issued for bookings made in error, lost tickets or event changes which are outside of Beeyay's control.
The Sale Process
Ticket(s) can be bought and sold using a manual list, search and buy process or using our auto-matching process. Irrespective of the process chosen, if the process results in a sale then then a binding contract is formed and if you are the Seller you will be obliged to sell the Ticket(s) and if you are the Buyer you will be obliged to buy the Ticket(s).
Fees
We will charge various fees for the use of the platform. Any fees will be clearly displayed during listing creation and during buying/selling process. As part of the transaction process, the Buyer will pay to us the price for the Ticket(s) and any relevant fees. No later than 10 days after the event we will transfer to any monies due for any undisputed transactions to the Seller, as set out in the sales process FAQ.
Liability
If you have an issue with the supply or use of Ticket(s) then your remedy will be as set out in our Dispute Resolution Policy
If you are a consumer then, for issues not related to the supply or use of Ticket(s), where we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
If you are not a consumer all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
If you are not a consumer then, subject to Clause 7.4 below, we shall have no liability for any loss of profits, anticipated savings, business opportunity, goodwill or loss of or damage to (including corruption) data (in each of the foregoing cases whether direct or indirect) or any indirect or consequential losses whether arising in contract, tort (including negligence) or otherwise incurred by you in connection with the Website or in connection with the use, inability to use, or results of the use of the Website and our total liability to you for all other losses arising under or in connection with this Agreement between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the greater of £100 and one hundred per cent (100%) of the total sums paid by you for products under such contract.
Nothing in this Agreement shall limit or exclude our liability for fraud, fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
Termination
You may terminate your Account at any time, however, if there are any outstanding or pending transactions then termination will occur upon completion of those transactions.
We may terminate or suspend your Account at any time in the event that you breach any of the terms of this Agreement.
We may also terminate or suspend your Account at any time on giving you notice to the email address that you provided when registering with us. We reserve the right to withdraw or amend the service that we provide via the Website with reasonable notice.
Data Protection
We will only use your personal information as set out in our privacy policy.
Relationship of the parties
Nothing in this Agreement is to be construed as establishing or implying any partnership or joint venture between the parties nor as appointing any party to be an agent or employee of the other and neither party shall hold itself out as such.
Third Parties
A person who is not a party to this Agreement shall have no rights under it as a third party beneficiary.
Variations
We reserve the right to change our terms and conditions from time to time. We will notify you of any changes to these terms by posting them on the Website. If the changes are significant, we may provide a more prominent notice including, if appropriate, by email notification.
Assignment
We may transfer our rights and obligations under this Agreement to another organisation. We will always tell you in writing if this happens, and we will ensure the transfer will not affect you rights in this Agreement. You may only transfer your rights or obligations under this Agreement with our written consent.
Severance
If a court finds part of this Agreement illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Law and Jurisdiction
If you are a consumer then:
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts, or
If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts, or
If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
If you are not a consumer, any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England shall have exclusive jurisdiction to settle any such dispute or claim.