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Terms & Conditions (Selling)

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

Who we are and how to contact us

These terms and conditions are between you and Avaito Limited (We, Us, Our). We are registered in England and Wales under company number 10162566 and have our registered office at Harlequin House, Forde Court, Forde Road, Newton Abbot, Devon, England, TQ12 4BT. Our VAT number is GB 248458962.

PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE ONLINE BOOKING AND TICKETING SERVICE ON THE WEBSITE www.stagestubs.com. BY USING THE SITE, YOU ARE AGREEING TO BE BOUND BY ALL OF THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, THEN DO NOT USE THE SITE.

By using our site you accept these terms

You, as principle, may use the site to facilitate the sale of tickets to ticket purchasers of all events sponsored by, produced by, held by, or otherwise affiliated with You. We do not purchase or take title to any tickets you sell through use of the site and you are fully responsible to the ticket purchaser for all aspects in relation to organising the event. You may provide to us certain screen images, printed materials, photographs, animations, video, audio, music, text, applications, trade names, trade marks, logos or other similar design elements (Designs). We will use our best efforts to incorporate your Designs with the site. You hereby represent and warrant to us that (1) you are authorized to enter into these terms, (2) each signatory on your behalf is of majority age and competent to execute, deliver and perform these terms, and (3) except as otherwise provided herein or disclosed to us in writing, you have all rights, title, and interest to your Designs.

Fee and Ticket prices

We charge you no fee for use of the site but charge a flat fee to the ticket purchaser for using our booking service and account for any VAT on such fee as applicable. You are responsible for paying any VAT on sale of tickets to ticket purchasers and for issuing VAT invoices to the ticket purchaser upon request. You are responsible for setting the price of tickets to ticket purchasers on the site. You are responsible for any refunds due to the ticket purchaser as result of you cancelling, rescheduling, overbooking or changing an event or otherwise.

We may use banks, merchant account providers and other financial institutions (Payment Processors) to process payment to you of the ticket price. We have no control over the actual transfer of funds and therefore cannot and do not guarantee that funds will be correctly transferred by the Payment Processors to you. It is your responsibility to audit and reconcile the actual transfer of funds. We accept no responsibility for inaccurate or incomplete transfers of monetary funds by Payment Processors.

Payment Processing

Payment processing services for sellers on Stage Stubs 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 these terms or continuing to operate as a seller on Stages Subs, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Stage Stubs enabling payment processing services through Stripe, you agree to provide Stage Stubs accurate and complete information about you and your business, and you authorize Stage Stubs to share it and transaction information related to your use of the payment processing services provided by Stripe.

Indemnity

You agree to indemnify us against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs and all other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with:

(a) any claim made against us for actual or alleged infringement of a third party's intellectual property rights arising out of or in connection with the Designs;

(b) any claim made against us by a third party, including a ticket purchaser, arising out of or in connection with your organising, producing or sponsoring of an event, including, but not limited to, in connection with any refund due.

Liability

Nothing in these terms shall limit or exclude the liability of either party for:

(a) Death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable).

(b) Fraud or fraudulent misrepresentation.

(c) Liability under the indemnities contained in the section “Indemnity” above.

(d) Any matter in respect of which it would be unlawful to exclude or restrict liability.

Subject to the foregoing:

(a) Neither party shall under any circumstances whatever be liable to the other, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, revenue, or anticipated savings or any loss that is an indirect or secondary consequence of any act or omission of the party in question; and

(b) The total liability of either party to the other in respect of all other loss or damage arising under or in connection with these terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed in relation any event the aggregate value of the tickets sold to that event.

We may make changes to these terms and the site

We amend these terms from time to time and may update and change our site from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms which apply at that time.

We may suspend or withdraw our site

We do not guarantee that our site, 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.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at help@stagestubs.com.

How you may use our site

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

Stage Stubs™ is a trade mark owned by us. You are not permitted to use it without our approval.

You may not rent, lease, license, sublicense, transfer, distribute, alter, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the site, nor give anyone permission to do so. You may not make access to Service available to others in connection with a service bureau, application service provider, or similar business, nor give anyone permission to do so.

We are not responsible for websites we link to

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

We are not responsible for viruses and you must not introduce them

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Rules about linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site in any website that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. If you wish to link to or make any use of content on our site other than that set out above, please contact help@stagestubs.com.

Which country's laws apply to any disputes?

These terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.