Terms of Use
We help businesses sell tickets and memberships to their event attendees. We want to be clear about the terms by which we offer our service.
These terms of service (the "Terms") govern your access to and use of the Tixoom website (the "Site"), the services provided through the Site, and the content made available through the Site (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms, our Privacy and Cookies Policy, and any additional terms that apply to certain Services. If you do not agree to these Terms, you may not use the Services. Tixoom is operated by Xeio Ltd, a company registered in England and Wales with company number 8134729 doing business as "Tixoom."
Last updated: 13th January 2023
The Services
- The Services allow Business Users to sell event tickets and memberships through the Site. Business Users, End Customers, Representatives, and Visitors can all use the Services in different ways:
- Business Users: A "Business User" is a company which uses Tixoom to help them sell event tickets and memberships. Business Users are responsible for complying with these Terms and all applicable laws and regulations in connection with their use of the Services.
- End Customers: An “End Customer” does business with, or otherwise transacts with, a Business User (e.g. buys a ticket to an event) but are not directly doing business with Tixoom. End Customers are responsible for complying with these Terms and all applicable laws and regulations in connection with their use of the Services.
- Representatives: A “Representative” is someone acting on behalf of an existing or potential Business User (e.g. a founder of a company, sole trader, administer an account for a merchant who is a Business User). Representative are responsible for complying with these Terms and all applicable laws and regulations in connection with their use of the Services.
- Visitors: A "Visitor" may visit the Tixoom website without being logged into Tixoom or otherwise communicating with Tixoom (e.g. you send Tixoom a message asking for more information because you are considering being a user of our products). Visitors are responsible for complying with these Terms and all applicable laws and regulations in connection with their use of the Services.
- The Services allow Business Users to sell event tickets and memberships through the Site. Business Users, End Customers, Representatives, and Visitors can all use the Services in different ways:
Prohibited Conduct
- In connection with your use of the Services, you may not:
- violate any laws, regulations or third-party rights;
- transmit any viruses or other harmful computer code;
- interfere with or disrupt the Services or servers or networks connected to the Services;
- use any robot, spider, scraper or other automated means to access the Services;
- use the Services for the benefit of any third party without Tixoom's express written permission;
- upload to, distribute or otherwise publish through the Website any Content that we believe (at our sole discretion)
- is confidential, proprietary, false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable;
- may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law;
- may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam."
- constitutes or is likely to encourage or promote harmful or illegal activity
- is contrary to the terms of service for the Stripe payment processor, or
- is likely to bring Tixoom or other stakeholders into disrepute.
- use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content;
- reproduce, duplicate, copy, sell, resell or exploit any portion of the Services without Tixoom's express written permission; or
- use the Services in any manner that could damage, disable, overburden or impair the Services or interfere with any other party's use and enjoyment of the Services.
Note: If you have identified a potential violation of these terms you should email [email protected].
- Tixoom reserves the right, at any time and without notice, to remove or disable access to any content and deny service to any user of Tixoom at its sole discretion, if an agent of Tixoom considers there to have been a violation of these Terms or otherwise the potential for harm to the Services.
- In connection with your use of the Services, you may not:
Intellectual Property and content
- The Services and all content and materials that make up the Services, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations (the "Content") are the property of Tixoom or its licensors and are protected by United Kingdom and international copyright and trademark laws. You may not use any Content without the express written consent of Tixoom or the applicable rights holder.
- Business Users are solely responsible for the content they upload or post to the Services, including but not limited to event listings and ticket designs. Tixoom does not endorse any such content and is not responsible or liable for any loss or damage of any kind resulting from the use of such content. Tixoom reserves the right to remove any such materials if Tixoom receives notice or otherwise becomes aware of any infringement. To notify Tixoom of any potential infringement please email [email protected]
- By uploading or posting content to or through the Services, Business Users grant Tixoom a worldwide, irrevocable, perpetual, non-exclusive, transferable, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content in any media or form, and for any purpose, including commercial use.
- Business Users represent and warrant that they have all necessary rights and permissions to grant the license set out in this section and that the use of the content by Tixoom as contemplated by this section will not infringe any intellectual property rights or other rights of any third party.
- Business Users agree to defend, indemnify, and hold Tixoom harmless from any claims, actions or suits, including legal fees, arising out of or in any way connected with the use of any content uploaded or posted by Business Users to the Services and for any such violation of this section.
- For the avoidance of doubt, any transaction between an End Customer and a Business User, including but not limited to the purchase of event tickets, is solely between those parties. Tixoom is not a party to these transactions and has no responsibility or liability for them.
- For the avoidance of doubt, Business Users are solely responsible for complying with all applicable laws and regulations in connection with their transactions with End Customers, including but not limited to sales tax, consumer protection laws and regulations.
- For the avoidance of doubt, End Customers shall be subject to any terms and conditions imposed by the Business User regarding the Event, Ticket or any other aspect of the transaction, including but not limited to refund and cancellation policies.
Disclaimer of Warranties
- Tixoom provides the Services on an "as is" and "as available" basis. Tixoom makes no representations or warranties of any kind, express or implied, as to the operation of the Services or the information, content, materials, or products included on the Services.
- Tixoom does not warrant that the Services will be uninterrupted or error-free, and Tixoom will not be liable for any interruptions or errors.
- Tixoom does not warrant that the Services or any content or materials on the Services will be free from viruses or other harmful components.
Limitation of Liability
- Tixoom will not be liable for any damages of any kind arising from the use of the Services, including but not limited to direct, indirect, incidental, punitive, and consequential damages.
- Tixoom will not be liable for any damages arising from the loss of use, data, or profits or from any unauthorized access to or alteration of your transmissions or data.
- Tixoom will not be liable for any damages arising from any event or incident beyond our reasonable control.
Indemnification
- You agree to indemnify and hold Tixoom, its affiliates, officers, agents, and employees harmless from any claim or demand, including legal fees, made by any third party due to or arising out of your use of the Services, your violation of these Terms, or your violation of any rights of another.
Governing Law
- These Terms and your use of the Services will be governed by and construed in accordance with the laws of England and Wales, without giving effect to any principles of conflicts of law.
Dispute Resolution
- Any dispute arising out of or relating to these Terms or the Services will be resolved through binding arbitration in accordance with the JAMS International Arbitration Rules.
Age Restrictions
- The Services are intended for use by adults aged 18 or over. By using the Services, you represent and warrant that you are at least 18 years of age.
- If you are a Business User or a Representative of such, you agree not to solicit usage by End Customers under the age of 18.
- Tixoom does not knowingly collect personal information from children under the age of 18. If Tixoom becomes aware that it has collected personal information from a child under the age of 18, Tixoom will take steps to delete such information as soon as possible.
Miscellaneous
- These Terms (and associated documents, for example the Privacy & Cookies policy) constitute the entire agreement between you and Tixoom regarding the use of the Services.
- If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced.
- Tixoom's failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
- You may not assign or transfer these Terms or your rights to use the Services without Tixoom's prior written consent, and any attempted assignment or transfer without such consent will be null and void.
- These Terms do not create any agency, partnership, joint venture, or employment relationship, and you may not make any representation on our behalf.
- Tixoom may update these Terms from time to time by posting a new version on the Site. Your continued use of the Services after such changes will be subject to the new terms. It is your responsibility to review these Terms periodically for any changes.
- Tixoom may also offer additional services or revise any of the Services, at its discretion, and these terms will apply to any new or revised services.
- Tixoom may terminate your access to the Services at any time and for any reason, with or without notice.
- The section titles in these Terms are for convenience only and have no legal or contractual effect.
If you have any questions about these terms, please contact us at [email protected]