TERMS OF SERVICE
Please read these Terms of Service (these “Terms of Service”) fully and carefully before using www.fevo.com (the “Site”) or the services, features, content or applications offered by Fevo Global Limited (“Fevo”, “we”, “us” or “our”) including through third-party websites (such as third-party Event providers), (together with the Site, the “Services”).
We are registered in England and Wales under company number 13200488. Our registered address is set out in the “Contact” section at the end of these Terms of Service.
ACCEPTANCE OF TERMS
These Terms of Service apply to all users of the Services, registered or otherwise. Certain of the Services may be subject to additional terms and conditions specified by us from time to time.
As part of the Services, we may offer tickets to events or other inventory offered by third party event providers. In these Terms of Service, events offered as part of the Services are referred to as “Events”, tickets and inventory to those Events are referred to as “Inventory” and the third party providers are referred to as “Event Providers”.
We act as a commercial agent of the applicable Event Provider for the sale of Inventory, and we do not act as your commercial agent. When you buy Inventory using our Services (whether directly on the Site or via a third-party website), your purchase of such Inventory is from the applicable Event Provider, and not us.
We will include a link to the terms governing your purchase of such Inventory on behalf of the applicable Event Provider (in the form that the Event Provider has provided to us) (“Event Provider Terms of Sale”) prior to your purchase of Inventory. The Event Provider Terms of Sale will be a contract between you and the applicable Event Provider, and not with us. You may also be subject to other terms provided by the Event Provider including on its website, including any applicable terms of service, terms of use, and privacy policies. We recommend that you read the Event Provider Terms of Sale and any such additional terms fully and carefully before purchasing Inventory from Event Providers via our Services.
[Note: Positions/processes in this template will need to be worked through with each client on a case by case basis, which could require bespoke amendments, but we have tried to take a flexible template position consistent with our discussions.]
WE FACILITATE PURCHASES ONLY
WE DO NOT PROVIDE EVENTS
We partner with Event Providers in order to facilitate your purchase of Inventory through the Services, or otherwise feature Events through the Services. You acknowledge that we solely facilitate sales of Inventory, and we have no control over or responsibility for the Inventory, Events or Event Providers, including without limitation, cancellation of Events or any inconvenience you may experience due to such cancellation. See the “Payment” section below and the Event Provider Terms of Sale for more information on your rights in relation to Event cancellation and refunds.
We have no control over or responsibility for Events, Event Providers, or their websites, resources, materials, content, products or services, and we do not guarantee the quality, safety or legality of Events or the truth or accuracy of descriptions of Events or any other information regarding Events.
Event Providers may offer Events in connection with third parties, including charities. We have no control over or responsibility for such third parties (e.g., any anti-money laundering and “know your customer” screenings, if applicable), including in connection with any charitable donations or solicitations for charitable donations in connection with any Event. Descriptions or images of, or references to, Events or such third parties through the Services do not imply our endorsement of such Events or third parties.
AGE REQUIREMENTS
You must not use the Services if you are under 18.
REGISTRATION
In connection with your use of the Services, you may have the ability to register for an account on the Services or log into the Services via your login credentials for your account with a third-party social media platform or other services (e.g., Facebook) (in each case, your “Account”).
By using the Services through your account with a third-party social media platform or other service, you permit us to access certain information from such account for use by the Services, and you understand that we may make available information or content from such account through the Services in connection with your Account. You may control the amount of information that is accessible to us by adjusting the applicable account privacy settings on your social media platform or other service. Please see our [Privacy Policy] [Note: include a link to the Privacy Policy] for more information on how we use your personal data in connection with the Services.
You agree:
• to provide accurate and complete information and keep your Account information updated;
• not to create an Account using a false identity or information, or on behalf of someone other than yourself;
• not to have more than one Account with us at any given time;
• that you are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure;
• not to use another person’s user account or registration information for the Services;
• to notify us immediately of any change in your eligibility to use the Services, breach of security or unauthorised use of your Account; and
• not to publish, distribute or post login information for your Account.
You may deactivate your Account, either directly or through a request via the contact information below.
CONTENT
For the purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of these Terms of Service, “Content” also includes all User Content (as defined below).
We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.
USER CONTENT
Any Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively, “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content.
You represent that all User Content provided by you is accurate, complete, up-to-date, in compliance with all applicable laws, rules and regulations, and does not and will not misappropriate, infringe, or otherwise violate the intellectual property rights of any third party.
NOTICES AND RESTRICTIONS
The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
Except for User Content submitted by you, as between you and us, we shall retain all right, title and interest in any Content. We reserve all rights in the Services (including all such Content) not expressly granted herein, and these Terms of Service and any use by you of the Services shall not be construed to grant to you any licence, ownership or other rights in any such Content unless expressly stated herein. In the event you obtain any ownership right, title or interest in any portion of the Services, including any Content, except for User Content submitted by you, you hereby agree to irrevocably transfer, convey and assign to us all right, title and interest in and to portion of the Services, including, if applicable, any such Content.
USE LICENCE
Subject to these Terms of Service, we grant each user of the Services a worldwide, revocable, non-exclusive, non-sublicensable and non-transferable licence to use the Content solely for the purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than your use of the Services is expressly prohibited without prior written permission from us.
You shall not sell, licence, rent, or otherwise use or exploit any Content for commercial use, for any use in connection with developing a similar or otherwise competitive Services, or in any way that misappropriates, infringes, or otherwise violates any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
USER CONTENT LICENCE
In the event you submit User Content through the Services, you hereby do and shall grant us and any user of the Services a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, sublicensable and transferable licence to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform publicly, and otherwise fully exploit the User Content in connection with the Services and, with respect to us, our and our affiliates’ (and our successors’ and assigns’) businesses, including without limitation, for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and, in each case including after your termination of your Account or the Services.
The licences you grant to us and our users do not affect your other ownership or licence rights in your User Content, including the right to grant additional licences to your User Content, unless otherwise agreed in writing. You must ensure that prior to granting such rights to us you have all rights to grant such licences to us without misappropriation, infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
By submitting User Content, you agree that we may access, read, preserve, and disclose any such User Content as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms of Service, including investigation of potential violations; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of us, our users and the public.
FEEDBACK
If you provide us with any feedback or suggestions regarding the Services (“Feedback”), you hereby grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, sublicensable and transferable licence to use such Feedback and related information in any manner. We will treat any Feedback you provide to us as non-confidential and non-proprietary to you. We will have no obligation under any circumstances to compensate you for any Feedback. You agree that you will not submit to us (as Feedback or otherwise as User Content) any information or ideas that you consider to be confidential or proprietary, or for which you expect to be compensated.
AVAILABILITY OF CONTENT
We do not guarantee that any Content will be made available through the Services. We reserve the right to, but do not have any obligation to: (i) remove, edit or modify any Content (including any User Content) in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you or other users may have violated these Terms of Service), or for no reason at all; and (ii) to remove or block any Content from the Services.
YOUR CONDUCT
As a condition of use, you must not use the Services for any purpose that is prohibited by these Terms of Service, and you shall not (directly or indirectly), in connection with your use of the Services, misappropriate, infringe, or violate the rights of any third party, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights, or violate any applicable laws, rules or regulations. You are responsible for all of your activity in connection with the Services.
Any Inventory purchased through the Services is non-transferable, unless otherwise expressly specified by us or the Event Provider. Please refer to the Event Provider Terms of Sale regarding additional restrictions in relation to your permitted use of purchased Inventory.
Inventory may not be used for advertising, promotions, contests or sweepstakes, unless formal written authorization is given by us or the Event Provider.
You shall not (and shall not permit any third party to) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation, any User Content, that:
• you know is false, misleading, untruthful or inaccurate;
• is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as reasonably determined by us;
• constitutes unauthorised or unsolicited advertising, junk or bulk e-mail, or other “spamming”;
• contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorised access to any system, data, password or other information of ours or of any third party;
• impersonates any person or entity, including any of our employees or representatives; or
• includes anyone’s identification documents or anyone else’s personal data (other than where specifically requested in order to utilise the Services).
You shall not:
• take any action that imposes or may impose an unreasonable or disproportionately large load on our (or our third-party providers’) infrastructure;
• interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
• bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services);
• run any form of auto-responder or “spam” on the Services;
• use manual or automated software, devices, or other processes to process or place Inventory orders, or “crawl” or “spider” any page of the Site;
• harvest or scrape any Content from the Services; or
• otherwise take any action in violation of our guidelines and policies, including these Terms of Service, or which is otherwise inconsistent with the intended use of the Services.
You shall not (directly or indirectly) and shall not attempt to, except to the limited extent applicable laws specifically prohibit such restriction:
• decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application);
• gain unauthorised access to the Services or any part of it, other user accounts, or other systems or networks connected to the Services, via hacking, password mining, or any other means, or remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services;
• interfere with the proper working of the Services or any activities conducted through the Services;
• probe, scan, or test the vulnerability of the Services or any system or network, or use any robot, spider, scraper or other automated means to access the Services (including without limitation using any “bot” or other automated mechanism to make purchases);
• modify, translate, or otherwise create derivative works of any part of the Services;
• copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive under these Terms of Service; or
• create extensions of, products related to, or that interoperate with, the Services.
PRIVACY POLICY
Please refer to our Privacy Policy for more details on how we use and protect your personal data.
THIRD PARTY SERVICES
The Services may be provided via third-party websites or may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third-party resources on the Internet, including without limitation, third-party Event Provider websites in which our Service are integrated, or other services or resources, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
PURCHASES
PAYMENT
Certain of our Services allow you to make purchases of Inventory from Event Providers through the Services (“Purchases”). We do not act as the merchant of record for any Inventory made available using our Services, but rather, simply provide a transaction processing service to our Event Provider clients, so that they can engage with you directly.
In order to make a Purchase, you must use a valid credit card or other payment method accepted by the Services (which may change from time to time in our sole discretion as stated on the Site) (your “Payment Method”), with full authority to use it. We reserve the right, in our sole discretion, to take steps to verify your identity and/or eligibility to process your order.
We use a third-party payment processor (the “Payment Processor”) to allow you to pay for Purchases. The processing of payments will be subject to any applicable terms, conditions and privacy policies of the Payment Processor in addition to these Terms of Service. We are not responsible for error by the Payment Processor, but will provide you with reasonable assistance to help you with any disputes you may have with such Payment Processor. By choosing to make a Purchase, you agree to pay, through the Payment Processor, all charges at the prices then in effect for such Purchase in accordance with your Payment Method and you authorise us, through the Payment Processor, to charge your Payment Method. Such charges for your Purchase may include shipping fees and applicable sales tax, the amount of which varies due to factors including the type of item purchased and the shipping destination. Any booking or administration fees charged by us in addition will be set out on the Site prior to your purchase.
Payment by you to us for the Purchases will fulfil your payment obligation to the applicable Event Provider for such Purchases.
All Purchases of tickets through the Services are final, unless the Event is cancelled or the Event Provider authorises a refund through the Services in accordance with the Event Provider Terms of Sale. The refund policy for all Purchases of Inventory other than tickets through the Services will be that set out in the Event Provider Terms of Sale. You acknowledge that the decision to authorise a refund to you is at the applicable Event Provider’s (and not our) sole discretion, and we are not liable for any decision to authorise or not authorise a refund. If the Event Provider authorises refunds, (unless otherwise specified in the Event Provider Terms of Sale), we will refund the Inventory face value to applicable buyers who request refunds, provided, however, that we are entitled to keep any booking or administration fees charged by us to buyers for such Inventory sale to cover our reasonable costs of providing the Services. [Note: Position regarding retention of booking / admin fees to be considered on a case by case basis. The market is split in the UK and you could opt to refund these fees to demonstrate you are best-in-class and consumer friendly. Alternatively, many sellers do not automatically refund fees and you can retain this provision but if challenged you should consider whether to resist customer requests for booking / admin fee refunds.].
Notwithstanding the foregoing, you agree and acknowledge that our obligation to make any refunds is subject and limited to the Event Provider’s authorisation to issue such refund, as well as our holding or receiving from Event Providers of the applicable Purchase proceeds. If the Event Provider does not authorise such refund or we do not have or receive from the Event Provider the applicable Inventory sale proceeds, then we cannot provide you a refund for such Purchase.
PAYMENT METHOD
The terms of your payment will be based on your Payment Method and may be determined by the applicable terms, conditions, and privacy policies of the Payment Processor, as well as agreements between you and the applicable financial institution, credit card issuer or other provider of your chosen Payment Method.
CURRENT INFORMATION REQUIRED
You must provide current, complete and accurate information for your Payment Method. You must promptly update all information to keep your Payment Method current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us or our Payment Processor if your Payment Method is cancelled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorised disclosure or use of your password. If your Payment Method information is not current, complete, or accurate, we and/or the applicable Payment Processor may be unable to process your payment and we will accordingly be unable to fulfil your Purchase.
EXPERIENCE REWARDS
From time to time, you may become eligible to earn certain experience benefits directly from an Event Provider through the Services, including based on the size of the group you have created for the corresponding Event (collectively, “Rewards”). In addition to any specific rules and descriptions for each Reward, which we may provide from time to time, you acknowledge that Rewards, and the opportunity to earn Rewards, are at our and the Event Provider’s sole discretion.
We reserve the right, in our sole discretion at any time, to cancel, suspend, terminate or modify any aspect of the Rewards, with or without notice to you, provided that this shall not materially affect any existing entitlement of you to Rewards already earned without your consent. We also reserve the right, in our sole discretion, to terminate your eligibility to earn Rewards at any time, with or without cause, with or without notice, effective immediately, including without limitation, if we deem or suspect any violation of these terms and conditions or the intended use of the Services and/or the Rewards, cheating, fraud or tampering with the operation of Rewards.
TERMINATION
We may terminate your access to all or any part of the Services at any time, where we consider you are abusing the Services, or otherwise acting in breach of these Terms of Service.
DISCLAIMERS
We make no representations or warranties of any kind about the suitability, reliability, compatibility, timeliness, and accuracy of the Content, the Services or the Rewards for any purpose. We expressly disclaim all warranties and conditions with regard to the Services, the Content and the Rewards, save for those which cannot be excluded by law (for example, our responsibility to provide our Services with reasonable skill and care under the Consumer Rights Act 2015).
Your rights in respect of your purchase of Inventory or your attendance at or other interaction with Events are a matter between you and the Event Provider, and should be addressed in the Event Provider Terms of Sale.
Whilst reasonable precautions have been taken to detect computer viruses and ensure security, we cannot guarantee absolutely that the Services are virus-free and secure from third party “hackers”.
For additional information regarding your rights you may wish to visit the Citizens Advice website at www.citizensadvice.org.uk.
LIMITATION OF OUR LIABILITY
We are responsible to you for foreseeable loss and damage caused by us. 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.
We are not responsible for loss or damage that is not foreseeable and we do not consider the following to be caused by us and so, to the fullest extent permitted by law, we (including our affiliates, parent undertakings, subsidiaries, and their respective officers, directors, employees, agents, legal representatives and sub-contractors), disclaim responsibility for such loss or damage:
• any lost, stolen or damaged Inventory;
• anything that happens to you or your property at an Event;
• the cancellation or postponement of an Event or any personal arrangements and expenditure, including travel, accommodation, hospitality and other costs and expenses incurred by you relating to an Event which have been arranged by you;
• an Event Provider’s breach of its contractual obligations to you;
• any other act, omission, or wrongdoing of an Event Provider; or
• your admission to a venue or Event is refused or revoked at any time as a result of your breach of any Event Provider Terms.
You should refer to the Event Provider Terms of Sale to understand your rights in any of the above instances.
We only supply the Services for domestic and private use and are not responsible for any losses incurred by non-consumers / businesses. If you use the Services for any unauthorised commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Our maximum aggregate liability in connection with the provision of the Services whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the lesser of (i) one hundred pounds sterling (£100); and (ii) the value of the Inventory you purchased from the Event Owner using the Services.
We do not disclaim liability for death or injury caused by our own negligence, or for any other liability which cannot be excluded by law.
GOVERNING LAW AND JURISDICTION
These Terms of Service shall be governed by and construed in accordance with the laws of England and Wales. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales.
MODIFICATION
We reserve the right, in our sole discretion, to change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice.
We may make modifications to the Terms of Service from time to time without individual notice to you. You will be deemed to have accepted any modifications if you continue to use the Services after the modified Terms of Service have been posted.
MISCELLANEOUS
ENTIRE AGREEMENT AND SEVERABILITY
Except for terms covered by our Privacy Policy, these Terms of Service are the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services.
If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights under these Terms of Service.
EVENTS OUTSIDE OUR CONTROL
We will not be liable for any failure to perform our obligations under these Terms of Service where such failure results from any cause beyond our reasonable control, including, without limitation, war, riots, fires, terrorism, acts of God, epidemic or pandemic, natural disasters, failures of the Internet or telecommunications networks, labour disputes, strikes, or mechanical, electronic or communications failure or degradation. We will use our reasonable endeavours to find a solution by which our obligations under the Terms of Service may be performed despite the event beyond our reasonable control.
ASSIGNMENT
These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations under these Terms of Service at any time.
NOTICES
Unless otherwise specified in these Terms of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by e-mail; or the day after it is sent, if sent for next day delivery by recognised overnight delivery service. Electronic notices should be sent to support@fevo.com.
NO WAIVER
A failure or delay by us in enforcing compliance with these Terms of Service shall not be a waiver of that or any other provision of these Terms of Service.
HEADINGS
The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.
NO THIRD PARTY RIGHTS
None of these Terms of Service shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any third party.
CONTACT
You may contact us by email at support@fevo.com, or at the following address:
Fevo Global Limited
5 New Street Square
London
United Kingdom
EC4A 3TW
[Note: Appropriate UK service address for postal notices to be confirmed.]
QUERIES AND COMPLAINTS
If you have any queries or complaints regarding the Services, you may contact us at support@fevo.com.
If your queries or complaints relate to the Events or the Inventory (rather than our Services), we will let you know whether you need to address your queries or complaints direct to the Event Provider.
Effective Date of Terms of Service: [October 10, 2023]
